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117-s-5114 | II 117th CONGRESS 2d Session S. 5114 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Brown (for himself, Mr. Grassley , Mr. Durbin , Mr. Cassidy , Mr. Padilla , Mr. Wicker , Mr. Tester , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to provide training for Department of Homeland Security personnel regarding the use of containment devices to prevent exposure to potential synthetic opioids, and for other purposes.
1. Short titles This Act may be cited as the Prevent Exposure to Narcotics and Toxins Act of 2022 or the PREVENT Act of 2022 . 2. Training regarding the use of containment devices to prevent potential synthetic opioid exposure (a) Training Section 416(b)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 216(b)(1) ) is amended by adding at the end the following: (C) How to use containment devices to prevent potential synthetic opioid exposure. . (b) Availability of containment devices Section 416(c) of such Act ( 6 U.S.C. 216(c) ) is amended— (1) in the subsection heading, by inserting , containment devices, after equipment ; and (2) by striking and opioid receptor antagonists, including naloxone and inserting , opioid receptor antagonists, including naloxone, and containment devices . (c) Applicability to other components If the Secretary of Homeland Secretary determines that officers, agents, other personnel, or canines of a component of the Department of Homeland Security other than U.S. Customs and Border Protection are at risk of potential synthetic opioid exposure in the course of their duties, the head of such component shall carry out the responsibilities under section 416 of the Homeland Security Act of 2002 ( 6 U.S.C. 216 ) in the same manner and to the same degree as the Commissioner of U.S. Customs and Border Protection carries out such responsibilities. | https://www.govinfo.gov/content/pkg/BILLS-117s5114is/xml/BILLS-117s5114is.xml |
117-s-5115 | II 117th CONGRESS 2d Session S. 5115 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Rubio (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To allow community supports to meet specific needs of families and children through an electronic care portal under the MaryLee Allen Promoting Safe and Stable Families program.
1. Short title This Act may be cited as the Helping Households And Neighbors Distribute Services for Families Act or the Helping HANDS for Families Act . 2. Modernized family support services Section 431(a)(1) of the Social Security Act ( 42 U.S.C. 629a(a)(1) ) is amended— (1) by striking and at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ; and ; and (3) by adding at the end the following: (G) the services referred to in this paragraph may include the means of access and use of an electronic or digital portal to facilitate the provision of community support to care for and meet specific needs of families and children. . | https://www.govinfo.gov/content/pkg/BILLS-117s5115is/xml/BILLS-117s5115is.xml |
117-s-5116 | II 117th CONGRESS 2d Session S. 5116 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Child Nutrition Act of 1966 to require the authorization of frozen fruits and vegetables under the special supplemental nutrition program for women, infants, and children.
1. Frozen fruits and vegetables under the special supplemental nutrition program for women, infants, and children Section 17(f)(11) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(11) ) is amended by adding at the end the following: (D) Frozen fruits and vegetables In the regulations prescribed under subparagraph (A), the Secretary shall require a State agency to make available under the program frozen fruits and frozen vegetables. . | https://www.govinfo.gov/content/pkg/BILLS-117s5116is/xml/BILLS-117s5116is.xml |
117-s-5117 | II 117th CONGRESS 2d Session S. 5117 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Marshall (for himself and Ms. Hassan ) 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 require the inclusion of information on prior authorization requirements and other utilization management techniques, and other information, in the Medicare & You annual notice.
1. Short title This Act may be cited as the Medicare & You Handbook Improvement Act of 2022 . 2. Requiring the inclusion of information on prior authorization requirements and other utilization management techniques, and other information, in the Medicare & You annual notice (a) In general Section 1804(c) of the Social Security Act ( 42 U.S.C. 1395b–2(c) ) is amended— (1) in paragraph (3), by striking and at the end; and (2) by adding at the end the following new paragraphs: (5) a description of the types of prior authorization requirements and any other utilization management techniques that may apply under this title, including information on how an individual may find out which such requirements and techniques (if any) apply under a Medicare Advantage plan or a prescription drug plan; (6) a description of the network sizes of Medicare Advantage plans relative to the number of providers of services and suppliers who accept the original Medicare fee-for-service program under parts A and B; and (7) an illustrative example clarifying that a beneficiary switching from a Medicare Advantage plan to the original Medicare fee-for-service program under parts A and B may be prohibited from purchasing a medicare supplemental policy under section 1882 or have to pay significantly higher premiums for such a policy. . (b) Effective date The amendments made by subsection (a) shall apply to notices distributed on or after January 1, 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s5117is/xml/BILLS-117s5117is.xml |
117-s-5118 | II 117th CONGRESS 2d Session S. 5118 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Scott of Florida (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Commissioner of U.S. Customs and Border Protection to identify and conduct recurrent vetting of evacuees from Afghanistan found not to be properly vetted before entering the United States.
1. Afghan vetting and accountability (a) Findings Congress makes the following findings: (1) In the report entitled DHS Encountered Obstacles to Screen, Vet, and Inspect All Evacuees during the Recent Afghanistan Crisis issued on September 6, 2022, the Inspector General of the Department of Homeland Security found that— (A) the United States welcomed more than 79,000 Afghan evacuees between July 2021, and January 2022, as part of Operation Allies Refuge and Operation Allies Welcome; and (B) the President directed the Secretary of Homeland Security to lead the coordination across the Federal Government to resettle vulnerable Afghans arriving as part of Operation Allies Refuge and Operation Allies Welcome. (2) The Office of the Inspector General of the Department of Homeland Security conducted an audit to determine the extent to which the Department of Homeland Security screened, vetted, and inspected evacuees arriving as part of Operation Allies Refuge and Operation Allies Welcome. (3) After meeting with more than 130 individuals from the Department of Homeland Security, the Office of the Inspector General of the Department of Homeland Security determined that— (A) the Department of Homeland Security encountered obstacles to screening, vetting, and inspecting all Afghan evacuees arriving as part of Operation Allies Refuge and Operation Allies Welcome; (B) U.S. Customs and Border Protection did not always have critical data to properly screen, vet, or inspect the evacuees; (C) some information used to vet evacuees through United States Government databases, such as name, date of birth, identification number, and travel document data, was inaccurate, incomplete, or missing; and (D) U.S. Customs and Border Protection admitted or paroled into the United States evacuees who were not fully vetted. (4) The Office of the Inspector General of the Department of Homeland Security attributed the Department of Homeland Security’s challenges with respect to properly screening, vetting, and inspecting such evacuees to not having— (A) a list of evacuees from Afghanistan who were unable to provide sufficient identification documents; (B) a contingency plan to support similar emergency situations; and (C) standardized policies. (5) As a result, the Department of Homeland Security may have admitted or paroled individuals into the United States who pose a risk to the national security of the United States and the safety of local communities. (b) Identification and recurrent vetting of evacuees from Afghanistan Not later than 30 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall— (1) identify all evacuees from Afghanistan who— (A) were paroled into the United States during the period beginning on July 1, 2021, and ending on January 31, 2022, as part of Operation Allies Refuge or Operation Allies Welcome; and (B) remain in the United States; (2) for each such evacuee, conduct a full screening and vetting, including by consulting all law enforcement and international terrorist screening databases, based on the confirmed identity of the evacuee; (3) prioritize the screening and vetting described in paragraph (2) for such evacuees who did not have documentation of their identity on arrival in the United States; (4) establish recurrent and periodic vetting processes for all such evacuees, including in-person interviews as necessary; (5) ensure that such vetting processes are carried out for each such evacuee for the duration of the authorized period of parole of the evacuee; and (6) provide to the Director of National Intelligence, the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, the Attorney General, and the law enforcement agencies of the State and locality in which each such evacuee is located evidence that the full screening and vetting described in paragraph (2), and the recurrent and periodic vetting processes described in paragraph (4), have been carried out. (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on— (1) the findings and results of the screening and vetting carried out under subsection (b); and (2) the number of evacuees who were ineligible for admission to the United States and, for each such evacuee, the specific reason the evacuee was found ineligible. | https://www.govinfo.gov/content/pkg/BILLS-117s5118is/xml/BILLS-117s5118is.xml |
117-s-5119 | II 117th CONGRESS 2d Session S. 5119 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Rubio (for himself, Mr. Cruz , Mrs. Blackburn , Mr. Lankford , Mr. Hawley , Mr. Hagerty , Mr. Cotton , Mr. Wicker , Mr. Risch , and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To eliminate the position of the Chief Diversity Officer of the Department of Defense, and for other purposes.
1. Short title This Act may be cited as the Restoring Military Focus Act . 2. Elimination of the Chief Diversity Officer of the Department of Defense (a) Repeal of position (1) In general Section 147 of title 10, United States Code, is repealed. (2) Clerical amendment The table of sections at the beginning of chapter 4 of such title is amended by striking the item relating to section 147. (b) Conforming repeal Section 913 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3802) is repealed. 3. Prohibition on establishment of similar positions No Federal funds may be obligated or expended to establish a position within the Department of Defense that is the same as or substantially similar to— (1) the position of Chief Diversity Officer, as described in section 147 of title 10, United States Code, as such section was in effect on the day before the date of the enactment of this Act; or (2) the position of Senior Advisor for Diversity and Inclusion, as described in section 913(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3803), as such section was in effect on the day before the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5119is/xml/BILLS-117s5119is.xml |
117-s-5120 | II 117th CONGRESS 2d Session S. 5120 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Second Chance Act of 2007 to require identification for returning citizens, and for other purposes.
1. Short title This Act may be cited as the New Pathways Act . 2. Identification for returning citizens Section 231(b) of the Second Chance Act of 2007 ( 34 U.S.C. 60541(b) ) is amended to read as follows: (b) Identification and release assistance for Federal prisoners (1) Definitions In this subsection— (A) the term community confinement means residence in a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community facility; (B) the term direct-release prisoner means a prisoner who is scheduled for release and will not be placed in prerelease custody; (C) the term noncitizen covered individual — (i) means an individual in the custody of the Bureau of Prisons or sentenced to a term in community confinement who— (I) is lawfully present and eligible for employment authorization in the United States; and (II) has a document demonstrating that the individual will have a place of residence upon release; and (ii) includes an alien lawfully admitted for permanent residence (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )), a refugee (as defined in that section of that Act), and an asylee; and (D) the term United States citizen covered individual means an individual in the custody of the Bureau of Prisons or sentenced to a term in community confinement who has— (i) a social security card; (ii) a document described in paragraph (2)(B)(ii) as proof of United States citizenship; and (iii) a document demonstrating that the individual will have a place of residence upon release. (2) Obtaining identification for United States citizens (A) In general With respect to a United States citizen covered individual, the Director shall provide a photo identification card, which shall comply with the minimum requirements described in section 202(b) of the REAL ID Act of 2005 ( 49 U.S.C. 30301 note), prior to— (i) the release of the United States citizen covered individual from a term of imprisonment in a Federal prison; or (ii) the release of the United States citizen covered individual from a sentence to a term in community confinement. (B) Assistance in obtaining documents (i) In general Subject to clause (iii), for the purpose of issuing an identification card under this subsection, the Director shall obtain, on behalf of United States citizen covered individuals— (I) a social security card; and (II) a document described in clause (ii) as proof of United States citizenship. (ii) Proof of United States citizenship A document described in this clause is— (I) a United States passport; (II) an original or certified copy of a birth certificate that indicates that the individual was born in the United States or a territory of the United States; (III) in the case of a United States citizen born inside the United States for whom a document described in subclause (I) or (II) is not available, any document described in subsection (a), (b), or (c) of section 435.407 of title 42, Code of Federal Regulations, or any successor thereto; or (IV) in the case of a United States citizen born outside the United States, an original or certified copy of— (aa) a certificate of naturalization (Form N–550 or N–570); (bb) a consular report of birth abroad (Form FS–240); (cc) a certification of birth abroad (Form FS–545); (dd) a certification of report of birth (Form DS–1350); or (ee) a certificate of citizenship (Form N–560). (iii) Exceptions (I) Lack of response from Federal or State agency If the Director cannot obtain a copy of a document required under clause (i) because of inaction by the Federal or State agency from which the document was requested, the Director shall provide to the United States citizen covered individual— (aa) a written statement that explains what steps the Director took in trying to obtain the document; and (bb) any documents transmitted to the Director by the Federal or State agency in response to the request for the document. (II) Lack of authorization from United States citizen covered individual If the Director cannot obtain a copy of a document required under clause (i) because the United States citizen covered individual does not provide the authorization required to obtain the document, the Director shall provide a written statement to the United States citizen covered individual that explains why the document was not obtained. (C) Provision of documents Upon issuance of an identification card to a covered individual under this paragraph, the Director shall provide all documents obtained for the United States citizen covered individual under subparagraph (B). (3) Obtaining documents for noncitizens (A) In general With respect to a noncitizen covered individual, the Director shall assist in obtaining from the Director of the U.S. Citizenship and Immigration Services— (i) proof of lawful status in the United States of the noncitizen covered individual; and (ii) in the case of a noncitizen covered individual who is not admitted for lawful permanent residence, an employment authorization document. (B) Assistance The assistance provided by the Director under subparagraph (A) shall include— (i) providing the noncitizen covered individual with applicable U.S. Citizenship and Immigration Services forms and instructions; and (ii) assisting the noncitizen covered individual in completing and submitting such forms, together with any required supporting documentation. (C) Provision of documents Upon receipt of a document for a noncitizen covered individual under this paragraph, the Director shall provide such document to the noncitizen covered individual. (4) Assistance developing release plan At the request of a direct-release prisoner, a representative of the United States Probation System shall, prior to the release of that prisoner, help that prisoner develop a release plan. . | https://www.govinfo.gov/content/pkg/BILLS-117s5120is/xml/BILLS-117s5120is.xml |
117-s-5121 | II 117th CONGRESS 2d Session S. 5121 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Markey (for himself, Mr. Whitehouse , Ms. Warren , Mr. Sanders , Mr. Wyden , Ms. Duckworth , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To update the 21st Century Communications and Video Accessibility Act of 2010.
1. Short title; table of contents (a) Short title This Act may be cited as the Communications, Video, and Technology Accessibility Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Closed captioning and audio description Sec. 101. Definitions. Sec. 102. Closed captioning. Sec. 103. Audio description. Sec. 104. Technical and conforming amendments relating to economic burden. Sec. 105. American Sign Language video programming. Sec. 106. Internet protocol closed captioning and audio description advisory committee. TITLE II—Video playback apparatuses Sec. 201. Video playback apparatuses. TITLE III—Communications services Sec. 301. Video conferencing. Sec. 302. Relay services. Sec. 303. National DeafBlind equipment distribution program. Sec. 304. Advanced Communications Services Advisory Committee. Sec. 305. Real-time text. Sec. 306. Advanced communications services software. TITLE IV—Emerging technology Sec. 401. Emerging technology. TITLE V—Enforcement and reporting Sec. 501. Accessibility enforcement. Sec. 502. Reports to Congress. I Closed captioning and audio description 101. Definitions (a) In general Section 713(h) of the Communications Act of 1934 ( 47 U.S.C. 613(h) ) is amended— (1) in paragraph (1)— (A) in the heading, by striking Video description and inserting Audio description ; and (B) by striking video description and inserting audio description ; (2) by redesignating paragraph (2) as paragraph (6); (3) by inserting after paragraph (1) the following: (2) Live programming The term live programming means video programming published or exhibited or made available substantially simultaneously with its performance. (3) Near-live programming The term near-live programming means video programming that is not live programming and is published or exhibited or made available not more than 12 hours after its performance and recording. (4) Prerecorded programming The term prerecorded programming means video programming that is not live programming or near-live programming. (5) User-generated video The term user-generated video means video programming that is— (A) made available via a service using Internet protocol or any successor protocol; (B) created and added to the service by a user of the service; and (C) not the subject of a contractual arrangement between the user and the service that obliges the user to create the programming specifically for delivery via the service. ; and (4) in paragraph (6), as so redesignated— (A) by striking means programming and inserting the following: — (A) means— (i) programming ; (B) in subparagraph (A)(i), as so designated, by striking , but not including and all that follows and inserting ; and ; and (C) by adding at the end the following: (ii) audiovisual programming made available via Internet protocol or any successor protocol— (I) including— (aa) programming provided on demand at the request of a viewer; and (bb) programming streamed live or at a prescribed time or times to all or a subset of viewers; and (II) regardless of whether or not the programming is generally considered comparable to programming provided by a television broadcast station; and (B) does not include user-generated video unless the user-generated video is generated by an entity that also generates video programming that is— (i) not user-generated video in the ordinary course of its business; or (ii) generated by an entity that earns more than $1,000,000 in annual revenue resulting from user-generated videos. . (b) Definition of achievable Section 716(g) of the Communications Act of 1934 ( 47 U.S.C. 617(g) ) is amended, in the matter preceding paragraph (1), by striking section 718 and inserting sections 713, 716A, and 718 . (c) Technical and conforming amendments (1) Repeal of definition of consumer generated media Section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ) is amended— (A) by striking paragraph (14); and (B) by redesignating paragraphs (15) through (59) as paragraphs (14) through (58), respectively. (2) Other amendments (A) Section 271(c)(1)(A) of the Communications Act of 1934 ( 47 U.S.C. 271(c)(1)(A) ) is amended by striking section 3(47)(A) and inserting subparagraph (A) of the paragraph defining that term in section 3 . (B) Section 203(a) of the Rural Electrification Act of 1936 ( 7 U.S.C. 924(a) ) is amended by striking section 3(o) and inserting section 3 . (C) Section 248 of the Television Broadcasting to Cuba Act ( 22 U.S.C. 1465ff ) is amended by striking section 3(c) each place the term appears and inserting section 3 . (d) Modernizing title of head of Commission The Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended— (1) in section 4 ( 47 U.S.C. 154 )— (A) in subsection (a)— (i) by inserting (1) after (a) ; (ii) by striking chairman and inserting Chair ; and (iii) by adding at the end the following: (2) Any reference in any law, regulation, document, paper, or other record of the United States to the chairman or the Chairman of the Commission shall be deemed to be a reference to the Chair of the Commission. ; (B) in subsection (d), by striking Chairman each place the term appears and inserting Chair ; (C) in subsection (f)(2), by striking chairman each place the term appears and inserting Chair ; and (D) in subsection (g)(1), by striking chairman and inserting Chair ; (2) in section 5 ( 47 U.S.C. 155 )— (A) in subsection (a), by striking chairman each place the term appears and inserting Chair ; and (B) in subsection (e), by striking Chairman each place the term appears and inserting Chair ; (3) in section 13(c) ( 47 U.S.C. 163(c) ), by striking Chairman and inserting Chair ; (4) in section 309(j)(8)(G)(iv) ( 47 U.S.C. 309(j)(8)(G)(iv) ), by striking Chairman and inserting Chair ; (5) in section 344 ( 47 U.S.C. 344 )— (A) in subsection (b)(1), by striking Chairman and inserting Chair ; (B) in subsection (d), by striking Chairman each place the term appears and inserting Chair ; and (6) in section 410(c) ( 47 U.S.C. 410(c) ), by striking Chairman of the Commission and inserting Chair of the Commission . 102. Closed captioning (a) In general Section 713 of the Communications Act of 1934 ( 47 U.S.C. 613 ) is amended— (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (2) in subsection (c), by striking paragraphs (2) and (3) and inserting the following: (2) Deadlines for programming made available using Internet Protocol (A) Regulations on closed captioning on video programming made available using Internet Protocol or successor protocol Not later than 18 months after the date of submission of the report to the Commission required under section 106(f)(1) of the Communications, Video, and Technology Accessibility Act of 2022 , the Commission shall revise its regulations to require the provision, receipt, and display of closed captioning on video programming made available using Internet protocol or any successor protocol published or exhibited after the effective date of the revised regulations. (B) Schedule The regulations revised under this paragraph shall include an appropriate schedule of deadlines, the latest of which shall be not later than 6 years after the date of submission of the report to the Commission required under section 106(f)(1) of the Communications, Video, and Technology Accessibility Act of 2022 , for the provision, receipt, and display of closed captioning on video programming made available using Internet protocol or any successor protocol, taking into account whether the programming— (i) is prerecorded, live, or near-live; (ii) has been made available to viewers before the effective date of the revised regulations; and (iii) was live or near-live at the time it was initially made available. (C) Requirements for regulations The regulations revised under this paragraph— (i) shall— (I) define categories of entities engaged in making available video programming; and (II) apportion the responsibilities for the provision, quality, pass-through, and rendering of closed captions among the entities defined by the Commission under subclause (I)— (aa) to ensure full access by viewers via all entities and combinations of entities that make video programming available to viewers; and (bb) to ensure that the regulations can be enforced effectively against responsible parties; (ii) shall require that an entity engaged in making available user-generated video, whether or not the entity is also engaged in making available video that is not user-generated video, provide easy-to-use authoring tools that— (I) permit users of the entity to add closed captions; and (II) conspicuously prompt users of the entity to use the tools; (iii) shall not distinguish between full-length programming and video clips; and (iv) for the purposes of determining closed captioning obligations under this section and assessing compliance with the regulations of the Commission governing the quality of closed captioning under paragraphs (j), (k), and (m) of section 79.1 of title 47, Code of Federal Regulations, or any successor regulation governing closed captioning quality, treat any programming that was live programming or near-live programming at the time that it was initially made available to viewers as prerecorded programming if it is again made available to viewers more than 24 hours after its initial availability. ; (3) by inserting after subsection (c) the following: (d) Caption quality updates (1) In general Not later than 4 years after the date of enactment of the Communications, Video, and Technology Accessibility Act of 2022 , the Commission shall revise its regulations to extend the requirements for the quality of closed captions under paragraphs (j), (k), and (m) of section 79.1 of title 47, Code of Federal Regulations, or any successor regulation, to all programming made available via Internet protocol or any successor protocol. (2) Regular updates Not later than 4 years after the date of enactment of the Communications, Video, and Technology Accessibility Act of 2022 , and every 4 years thereafter, the Commission shall— (A) update its regulations pertaining to the quality of closed captions as necessary to reflect technological and methodological advances, to the extent deployment of such advances will improve the quality of closed captions; and (B) take any action, including enforcement, necessary to ensure compliance with its regulations pertaining to the quality of closed captions. ; and (4) in subsection (e), as so redesignated— (A) in the matter preceding paragraph (1), by striking subsection (b) and inserting subsections (b) and (c) ; (B) in paragraph (1), by striking the provider or owner of such programming and inserting an entity responsible for publishing, exhibiting, or making available such programming ; and (C) by striking paragraph (3) and inserting the following: (3) an entity responsible for publishing, exhibiting, or making available video programming may petition the Commission for an exemption from the requirements of subsection (b) or (c), and the Commission may grant the petition upon a showing that the requirements would be economically burdensome. The Commission shall act to grant or deny any such petition, in whole or in part, not later than 6 months after the Commission receives the petition, unless the Commission finds that an extension of the 6-month period is necessary to determine whether the requirements are economically burdensome. . (b) Elimination of certain categorical exemptions Not later than 1 year after the date of enactment of this Act, the Federal Communications Commission shall reassess the second sentence of paragraph (a)(10) and reassess paragraph (d) of section 79.1 of title 47, Code of Federal Regulations, to eliminate categorical exemptions that impede access to video programming, are outdated, or are no longer warranted under subsection (e)(1) of section 713 of the Communications Act of 1934 ( 47 U.S.C. 613 ), as so redesignated by subsection (a) of this section. 103. Audio description (a) In general Subsection (g) of section 713 of the Communications Act of 1934 ( 47 U.S.C. 613 ), as redesignated by section 102, is amended— (1) in the heading, by striking Video and inserting Audio ; and (2) by striking paragraphs (2), (3), and (4) and inserting the following: (2) Revision to reinstated audio description regulations for programming published or exhibited on television (A) In general Not later than 18 months after the date of enactment of the Communications, Video, and Technology Accessibility Act of 2022 , the Commission shall revise section 79.3 of title 47, Code of Federal Regulations (relating to audio description of video programming) in accordance with subparagraph (B). (B) Requirements The regulations revised under subparagraph (A)— (i) shall apply to all video programming published or exhibited on television after the effective date of the revised regulations; (ii) shall include an appropriate schedule of deadlines, the latest of which shall be not later than 5 years after the effective date of the revised regulations, for the provision, receipt, and performance of audio described programming published or exhibited on television, taking into account whether the programming— (I) is prerecorded, live, or near-live; (II) has been published or exhibited prior to the effective date of the revised regulations; and (III) was live or near-live at the time it was initially published or exhibited; (iii) shall provide that audio described programming published or exhibited on television shall— (I) be labeled and searchable or otherwise easily discoverable through navigation devices, apparatuses, applications, and other methods by which the programming is published or exhibited; and (II) include a recognizable tone, on all audio channels in the same languages as the audio description streams, at the beginning of the programming to indicate that audio description is available; (iv) shall provide that audio description of video programming published or exhibited on television shall be made available to the public on an audio channel solely dedicated to audio description, so long as it is achievable (as defined in section 716); (v) shall require any entity involved in the publishing or exhibiting of audio described programming published or exhibited on television to provide contact information, consistent with sections 79.1(i) and 79.4(c)(2)(iii) of title 47, Code of Federal Regulations, or any successor regulations, for users to report problems related to audio description; and (vi) for the purposes of determining audio description obligations under this paragraph and assessing compliance with regulations adopted to assess the quality of audio description under paragraph (4), shall treat any programming that was live or near-live programming at the time of its initial airing as prerecorded programming if it is re-exhibited more than 24 hours after its initial airing. (3) Audio description on video programming made available via Internet protocol (A) In general Not later than 2 years after the date of submission of the report to the Commission required under subsection 106(f)(2) of the Communications, Video, and Technology Accessibility Act of 2022 , the Commission shall revise its regulations to require the provision, receipt, and performance of audio description on video programming made available using Internet protocol or any successor protocol published or exhibited after the effective date of the revised regulations. (B) Requirements The regulations revised under subparagraph (A)— (i) shall ensure that all video programming made available using Internet protocol or any successor protocol is fully accessible through the provision of audio description; (ii) shall include an appropriate schedule of deadlines, the latest of which shall be not later than 5 years after the effective date of the revised regulations, for the provision, receipt, and performance of audio described programming made available using Internet protocol or any successor protocol, taking into account whether the programming— (I) is prerecorded, live, or near-live; (II) has been made available to users prior to the effective date of the revised regulations; and (III) was live or near-live at the time it was initially made available; (iii) shall— (I) define categories of entities engaged in making available video programming using Internet protocol or any successor protocol; and (II) apportion the responsibilities for the provision, quality, pass-through, and performance of audio description among the entities identified by the Commission under subclause (I)— (aa) to ensure full access by viewers; and (bb) to ensure that the regulations can be enforced effectively against responsible parties; (iv) shall require that an entity engaged in making available user-generated video, whether or not the entity is also engaged in making available video that is not user-generated video, provides easy-to-use authoring tools that— (I) permit users of the entity to add audio description; and (II) conspicuously prompt users of the entity to use the tools; (v) shall provide that audio described programming made available using Internet protocol or any successor protocol shall— (I) be labeled and searchable or otherwise easily discoverable through navigation devices, apparatuses, applications, and other methods on which the programming is made available; and (II) include a recognizable tone, on all audio channels in the same languages as the audio description streams, at the beginning of the programming to indicate that audio description is available; (vi) shall provide that audio description of video programming made available using Internet protocol or any successor protocol shall be provided on an audio track solely dedicated to audio description, so long as it is achievable (as defined in section 716); (vii) shall require entities engaged in making available audio described programming using Internet protocol or any successor protocol to provide contact information, consistent with sections 79.1(i) and 79.4(c)(2)(iii) of title 47, Code of Federal Regulations, or any successor regulations, for users to report problems related to audio description; and (viii) for the purposes of determining audio description obligations under this paragraph and assessing compliance with regulations adopted to assess the quality of audio description under paragraph (4), shall treat any programming that was live or near-live programming at the time it was initially made available as prerecorded programming if it is made available more than 24 hours after it was initially made available. (4) Audio description quality (A) In general Not later than 3 years after the date of submission of the report to the Commission required under subsection 106(f)(2) of the Communications, Video, and Technology Accessibility Act of 2022 , the Commission shall adopt regulations to ensure the quality of audio description on video programming, including video programming published or exhibited on television or made available via Internet protocol or any successor protocol, as necessary to afford access to video programming that is functionally equivalent to the access provided by the visual components of the programming. (B) Requirements The regulations adopted under subparagraph (A) shall require that audio description— (i) sufficiently convey key elements of the visual component; (ii) be appropriately voiced, considering whether the use of synthetic voices is permissible and if so, under what circumstances; and (iii) be appropriately edited and encoded to ensure consistency with the editing and encoding of the non-description audio track of the programming. (5) Audio description exemptions Notwithstanding paragraphs (2) and (3)— (A) the Commission may exempt by regulation from the requirements under paragraphs (2) and (3) programs, classes of programs, or services for which the Commission has determined that the provision of audio description would be economically burdensome to an entity responsible for publishing or exhibiting or making available such programming; and (B) an entity responsible for publishing or exhibiting or making available video programming may petition the Commission for an exemption from the requirements under paragraphs (2) and (3), and the Commission may grant the exemption upon a showing that the requirement to include audio description would be economically burdensome. The Commission shall act to grant or deny any such petition, in whole or in part, not later than 6 months after the Commission receives the petition, unless the Commission finds that an extension of the 6-month period is necessary to determine whether the requirements are economically burdensome. . (b) Technical and conforming amendments Title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended— (1) in section 303 ( 47 U.S.C. 303 )— (A) in subsection (u)— (i) in paragraph (1)(B)— (I) by striking video description and inserting audio description ; and (II) by striking section 713(f) and inserting section 713(g) ; and (ii) by moving the left margin of that subsection and each paragraph, subparagraph, and clause therein 2 ems to the left; and (B) in subsection (z)(1), by striking video description each place the term appears and inserting audio description ; and (2) in section 330(b) ( 47 U.S.C. 330(b) ), by striking video description each place the term appears and inserting audio description . 104. Technical and conforming amendments relating to economic burden Subsection (f) of section 713 of the Communications Act of 1934 ( 47 U.S.C. 613 ), as redesignated by section 102, is amended— (1) in the matter preceding paragraph (1)— (A) by striking The term undue burden means and inserting For purposes of this section, the term economically burdensome means ; (B) by inserting or audio description after closed captions ; (C) by striking this paragraph and inserting subsections (e) and (g)(5) ; and (D) by striking result in an undue economic burden and inserting be economically burdensome ; and (2) in paragraph (1), by inserting or audio description after closed captions . 105. American Sign Language video programming Section 713 of the Communications Act of 1934 ( 47 U.S.C. 613 ) is amended— (1) by redesignating subsections (i) (as redesignated by section 102) and (j) as subsections (j) and (k), respectively; and (2) by inserting before subsection (j), as so redesignated, the following: (i) American Sign Language interpretation of video programming Not later than 2 years after the date of submission of the report to the Commission required under section 106(f)(3) of the Communications, Video, and Technology Accessibility Act of 2022 , the Commission shall prescribe regulations to— (1) establish uniform standards for the display and visibility of American Sign Language interpretation where it is provided for video programming, including standards for ensuring that an interpreter is visible on the viewer’s screen during the programming; and (2) ensure that all video programming published or exhibited on television or made available via Internet protocol or any successor protocol that includes American Sign Language interpretation complies with the uniform standards established under subparagraph (A) to the extent that compliance with such standards is achievable (as defined in section 716) by each entity responsible for delivering the programming. . 106. Internet protocol closed captioning and audio description advisory committee (a) Definitions In this section: (1) Advisory Committee The term Advisory Committee means the Closed Captioning and Audio Description Advisory Committee established under subsection (b). (2) Chair The term Chair means the Chair of the Commission. (3) Commission The term Commission means the Federal Communications Commission. (b) Establishment Not later than 60 days after the date of enactment of this Act, the Chair shall establish an advisory committee to be known as the Closed Captioning and Audio Description Advisory Committee . (c) Membership As soon as practicable after the date of enactment of this Act, the Chair shall appoint individuals who have the technical knowledge and engineering expertise to serve on the Advisory Committee in the fulfillment of its duties, including the following: (1) Representatives of entities engaged in making available video programming internet protocol or any successor protocol, or a national organization or organization representing such entities. (2) Representatives of vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of video programming, including programming delivered using internet protocol or successor protocols, or a national organization representing such vendors, developers, or manufacturers. (3) Representatives of manufacturers of consumer electronics or information technology equipment used in the delivery of video programming, including programming delivered via internet protocol or successor protocols, or a national organization representing such manufacturers. (4) Individuals with expertise generating user-generated video, or a national organization representing such individuals. (5) Representatives of national organizations representing accessibility advocates, including people with disabilities and older Americans. (6) Representatives of service agencies engaged in the provision of captioning and audio description for video programming, including programming delivered via internet protocol or successor protocols. (7) Academic experts or representatives of research institutes with expertise on captioning and audio description. (8) Individuals with technical and engineering expertise, as the Chair determines appropriate. (d) Commission oversight The Chair shall appoint a member of the Commission's staff to moderate and direct the work of the Advisory Committee. (e) Technical staff The Chair shall appoint a member of the Commission's technical staff to provide technical assistance to the Advisory Committee. (f) Development of recommendations (1) Closed captioning report Not later than 1 year after the date of the first meeting of the Advisory Committee, the Advisory Committee shall develop and submit to the Commission a report that includes the following: (A) A recommended schedule of deadlines for the provision of closed captioning on video programming made available via internet protocol or any successor protocol. (B) Identification of the protocols, technical capabilities, and technical procedures needed to permit responsible entities to reliably provide, receive, and display closed captions of video programming made available via using internet protocol or any successor protocol. (C) Identification of additional protocols, technical capabilities, and technical procedures beyond those available as of the date of enactment of this Act needed for the provision, receipt, and display of closed captions of video programming made available using internet protocol or any successor protocol. (D) A recommendation for technical standards to address the protocols, capabilities, and procedures identified under subparagraph (B). (E) A recommendation for any regulations that may be necessary to ensure compatibility between video programming made available using internet protocol or any successor protocol and apparatuses and navigation devices capable of receiving and displaying such programming in order to facilitate access to closed captions. (F) An identification of attributes of easy-to-use authoring tools that can be used by viewers to add closed captions to video programming made available using internet protocol or any successor protocol. (G) An identification of the categories of entities involved in the online delivery of video programming, along with a recommendation on how to apportion the responsibilities for the provision, quality, pass-through, and display of closed captions among those entities to ensure full access by viewers. (H) A recommendation for best practices for ensuring that programming that was live programming or near-live programming at the time that it was initially made available to viewers is subsequently made available at the level of quality required for prerecorded programming. (I) A recommendation for defining metrics and thresholds to be used for measuring the accuracy, synchronicity, completeness, and placement of closed captions for live programming as necessary to afford access to video programming that is functionally equivalent to the access provided by the audio track, with minimum thresholds that are neutral to different modalities for creating closed captions. (2) Audio description report Not later than 1 year after the date of the first meeting of the Advisory Committee, the Advisory Committee shall develop and submit to the Commission a report that includes the following: (A) A recommended schedule of deadlines for the provision of audio description on video programming made available using internet protocol or any successor protocol. (B) Identification of the protocols, technical capabilities, and technical procedures needed to permit responsible entities to reliably provide, receive, and perform audio description of video programming made available via internet protocol or any successor protocol. (C) Identification of additional protocols, technical capabilities, and technical procedures beyond those available as of the date of enactment of this Act needed for the delivery of audio description of video programming. (D) A recommendation for technical standards to address the protocols, capabilities, and procedures identified under subparagraph (B). (E) A recommendation for any regulations that may be necessary to ensure compatibility between video programming made available using internet protocol or any successor protocol and apparatuses and navigation devices capable of receiving and displaying such programming in order to facilitate access to audio description. (F) A recommendation for standards, protocols, and procedures to ensure that audio described video programming is labeled and searchable or otherwise easily discoverable through navigation devices, apparatuses, applications, and other methods on which such programming is published or exhibited or made available. (G) A recommendation for the achievability of making audio description available on a dedicated audio channel. (H) An identification of the categories of entities engaged in the online delivery of video programming, along with a recommendation on how to apportion the responsibilities for the provision, quality, pass-through, and performance of audio description among those entities to ensure full access by viewers. (I) A recommendation for defining metrics to be used for measuring the quality of audio description as necessary to afford access to video programming that is functionally equivalent to the access provided visually. (J) An identification of easy-to-use authoring tools that can be used by viewers to add audio description to video programming made available via internet protocol or any successor protocol. (3) American Sign Language video programming report Not later than 180 days after the date of the first meeting of the Advisory Committee, the Advisory Committee shall develop and submit to the Commission a report that includes a recommendation for standards for the display and visibility of American Sign Language interpretation where it is provided for video programming, including standards for ensuring that an interpreter is visible on a viewer’s screen during the programming. (4) Consideration of work by standards-setting organizations The recommendations of the Advisory Committee shall, insofar as possible, incorporate standards, protocols, and procedures that have been adopted by recognized industry standards-setting organizations for each of the purposes described in paragraphs (1), (2), and (3). (g) Meetings (1) Initial meeting The initial meeting of the Advisory Committee shall take place not later than 45 days after the date on which the Chair has appointed all the members of the Advisory Committee under subsection (c). (2) Other meetings After the initial meeting, the Advisory Committee shall meet at the call of the Chair. (3) Notice; open meetings Any meeting held by the Advisory Committee— (A) shall be noticed not later than 14 days before the meeting; and (B) shall be open to the public. (h) Procedural rules (1) Quorum The presence of one-third of the members of the Advisory Committee shall constitute a quorum for conducting the business of the Advisory Committee. (2) Subcommittees To assist the Advisory Committee in carrying out its functions, the Chair may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts. (3) Additional procedural rules The Advisory Committee may adopt other procedural rules as needed. (i) Inapplicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Advisory Committee or the activities of the Advisory Committee. II Video playback apparatuses 201. Video playback apparatuses (a) In general Section 303 of the Communications Act of 1934 ( 47 U.S.C. 303 ) is amended— (1) in subsection (z)— (A) by adjusting the margins two ems to the left; (B) in paragraph (1), by striking video description each place it appears and inserting audio description ; and (C) in paragraph (2)— (i) by striking available to and inserting the following: available— (A) to ; (ii) in subparagraph (A), as so designated— (I) by striking or render ; and (II) by striking audible. and inserting the following: audible, which— (i) shall require encoding closed captions and audio description data along with audio and video transmission in a format that can be adjusted and rendered by the consumer equipment consistent with the requirements of subsection (cc); and (ii) does not include merely rendering closed captions or audio description into visual or aural forms on the source device; and ; and (iii) by adding at the end the following: (B) to enable the activation of closed captions, audio description, and emergency information on the consumer equipment. ; (2) in subsection (aa)— (A) by adjusting the margins two ems to the left; (B) in paragraph (1)— (i) by striking transmitted in digital format and inserting made available ; and (ii) by inserting or any successor protocol after protocol ; (C) in paragraph (2), by adding and at the end; (D) by striking paragraph (3); and (E) by redesignating paragraph (4) as paragraph (3); (3) in subsection (bb)— (A) in paragraph (1), by adding and at the end; (B) by striking paragraph (2); (C) by redesignating paragraph (3) as paragraph (2); and (D) in paragraph (2), as redesignated, by adjusting the margins two ems to the left; and (4) by adding at the end the following: (cc) Require for all digital apparatus covered under subsection (aa) and navigation devices covered under subsection (bb) manufactured or imported into the United States that each apparatus or device— (1) provides access to closed captioning activation by— (A) if the apparatus or device is controlled by a physical remote control included with the device at the time of purchase, providing a tactilely identifiable, clearly labeled, and dedicated button on the remote control to activate and deactivate closed captions of at least similar size to other buttons on the remote control; and (B) if the apparatus or device is controlled by means other than a remote control, providing a prominently displayed, easily identifiable, accessible, and dedicated button, key, or icon to activate and deactivate closed captions; (2) provides access to audio description activation by— (A) if the apparatus or device is controlled by a physical remote control included with the apparatus or device at the time of purchase, providing a tactilely identifiable, clearly labeled, and dedicated button on the remote control to activate and deactivate audio description of at least similar size to other buttons on the remote control; and (B) if the apparatus or device is controlled by means other than a remote control, providing a prominently displayed, easily identifiable, accessible, and dedicated button, key, or icon to activate and deactivate audio description; (3) provides access to closed captioning display settings, including the technical capabilities set forth in section 79.103(c) of title 47, Code of Federal Regulations, or any successor regulation, and audio description performance settings, including the capability to adjust the relative volumes of audio description and the audio track of a program, by— (A) if the apparatus or device is controlled by a physical remote control included with the apparatus or device at the time of purchase, providing a tactilely identifiable button, clearly labeled, and dedicated button on the remote control— (i) to permit the user to change closed captioning and audio description settings that permits previewing the settings while leaving the underlying programming visible and audible; and (ii) that is of at least similar size to other buttons on the remote control; and (B) if the apparatus or device is controlled by means other than a remote control, providing a dedicated mechanism that permits the user to change closed captioning and audio description settings that— (i) is displayed proximately to the video playback interface; (ii) is easily discoverable; and (iii) permits previewing the settings while leaving the underlying programming visible and audible; (4) provides a user with a prompt to modify closed caption activation and display settings and audio description activation and performance settings required under paragraphs (1) through (3) upon initial power-on or upon a reset to factory settings of the apparatus or device; (5) ensures that closed caption activation and display settings and audio description activation and performance settings required under paragraphs (1) through (3) persist across all video playback functionality on the apparatus or device, including in applications or other software or plug-ins added by the user after the sale of the apparatus or device, and after powering off or restarting the apparatus or device, until a user changes the settings or the apparatus or device is reset to factory default settings by the user; and (6) provides the necessary hardware and software to achieve compatibility with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, including refreshable braille displays, sip and puff devices, and hearing aids. . (b) Implementing regulations Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe such regulations as are necessary to implement the amendments made by subsection (a). III Communications services 301. Video conferencing The Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended— (1) in section 3 ( 47 U.S.C. 153 ), as amended by section 101— (A) in paragraph (1)(D), by striking interoperable ; (B) by striking paragraph (26), as so redesignated by section 101; (C) by redesignating paragraphs (27) through (57), as so redesignated by section 101, as paragraphs (26) through (56), respectively; and (D) by inserting after paragraph (56), as so redesignated by subparagraph (C), the following: (57) Video conferencing service The term video conferencing service means a service that provides real-time video communications, including audio, to enable users to share information of the user’s choosing. ; and (2) in section 716(e) ( 47 U.S.C. 617(e) ), by adding at the end the following: (3) Revision of regulations; video conferencing services Not later than 18 months after the date on which the Advanced Communications Services Advisory Committee submits the report required under section 304(f)(1) of the Communications, Video, and Technology Accessibility Act of 2022 , the Commission shall revise the regulations promulgated under this subsection to— (A) require that all obligations applicable to advanced communications services, and equipment used for advanced communications services, extend to video conferencing services and equipment used for video conferencing services; (B) require that all advanced communications services and equipment capable of providing or enabling video conferencing services— (i) have built-in closed captioning functionality using automatic speech recognition or similar or successor technologies; (ii) implement application programming interfaces or similar technical mechanisms to allow the interconnection of, and achieve compatibility with, assistive technologies and services, existing peripheral devices, and specialized customer premises equipment commonly used by individuals with disabilities to achieve access, including— (I) third-party captioning services; (II) third-party video interpreting services; (III) forms of telecommunications relay services that have been approved by the Commission under section 225; (IV) screen-readers for all user interface elements; and (V) refreshable braille displays and other devices used for the tactile conveyance of textual information; and (iii) enable users and telecommunications relay service communications assistants to control the activation and de-activation, and customize the display, of captions, video interpreters, and communications assistants independently from hosts of video conferencing sessions; and (C) adopt quality requirements for built-in closed captioning functionality to facilitate effective communication under subparagraph (B)(i). . 302. Relay services The Communications Act of 1934 ( 47 U.S.C. 151 et seq. ), as amended by this Act, is amended— (1) in section 225 ( 47 U.S.C. 225 )— (A) in subsection (a)— (i) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (ii) by inserting after paragraph (1) the following: (2) Communication facilitator The term communication facilitator means a skilled user of American Sign Language who— (A) copies American Sign Language from a caller, as shown on a videophone screen; and (B) provides visual information to a DeafBlind person through close vision or tactile American Sign Language. (3) Direct video calling service The term direct video calling service means telephone customer support using one-to-one video communication that— (A) is facilitated by a contact center representative; and (B) enables a real-time conversation to occur directly between not fewer than 2 parties using American Sign Language— (i) not less than 1 of the parties to which is a governmental agency, business, non-profit organization, emergency authority, or other enterprise; and (ii) not less than 1 of the parties to which— (I) is deaf, hard of hearing, or DeafBlind; or (II) has a speech disability or auditory processing disorder. ; and (iii) by striking paragraph (5), as so redesignated, and inserting the following: (5) Telecommunications relay services The term telecommunications relay services means— (A) transmission services that provide the ability for an individual who is deaf, hard of hearing, or DeafBlind, or who has a speech disability or an auditory processing disorder, to engage in communication by wire or radio with 1 or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services or advanced communications services by wire or radio; and (B) other services facilitating functionally equivalent communication by wire or radio for an individual who is deaf, hard of hearing, or DeafBlind, or who has a speech disability or an auditory processing disorder, including the provision of communication facilitators for an individual who is DeafBlind and the provision of direct video calling services for a call center to facilitate point-to-point communication in American Sign Language between government agencies, businesses, emergency authorities, or other enterprises and users of American Sign Language. ; and (B) in subsection (d), by adding at the end the following: (4) American sign language access to emergency services; communication facilitators; direct video calling services (A) In general Not later than 2 years after the date of enactment of this paragraph, the Commission shall promulgate such regulations as are necessary to— (i) define as eligible for relay service support from the fund described in section 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as in effect on that date of enactment— (I) programs that are approved by the Commission to support direct video calling services, including the use of those services to access emergency authorities; (II) programs that are approved by the Commission to support the provision of communication facilitators; and (III) programs that are designed, in accordance with subparagraph (B), to improve access to emergency authorities by users of video relay services and direct video calling services to achieve the objectives described in clause (ii); and (ii) achieve full, equal, and direct access to public safety answering points, as that term is defined in section 222(h), and other local emergency authorities, including emergency authorities responding to wireless calls made by dialing 9–1–1, by individuals who— (I) are deaf, hard of hearing, or DeafBlind, or who have a speech disability; and (II) use American Sign Language. (B) Contents The regulations described in subparagraph (A)(i)(III) shall, at a minimum, require that users communicating by means of a video relay service, as that term is defined in section 64.601 of title 47, Code of Federal Regulations, or any successor regulation, shall be capable of using native dialing or 1-step access on a mobile phone so that such communication— (i) includes the location information of the user, to be transmitted and delivered immediate and directly to the applicable emergency authority; and (ii) is received by the applicable emergency authority with the same speed and efficiency as a voice call made by dialing 9–1–1. (5) Reassessment of available services and minimum standards Not later than 4 years after the date of enactment of this paragraph, and once every 4 years thereafter, the Commission shall, as necessary to respond to evolving communication technologies, reassess and, as necessary, update the regulations prescribed under this subsection to ensure that those regulations effectively satisfy the communication needs of individuals with disabilities who are covered by this Act, including by— (A) assessing the need for new modes of telecommunications relay services; (B) increasing and improving the mandatory minimum standards to ensure the quality of telecommunications relay services; and (C) assessing the impact that evolving communication technologies have on the privacy of users of telecommunications relay services. ; and (2) by inserting after section 715 ( 47 U.S.C. 616 ) the following: 715A. Video conferencing services' support of relay services (a) Definition In this section, the term TRS Fund means the fund described in 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as in effect on the date of enactment of this section. (b) Requirement Not later than 1 year after the date of enactment of this section, each provider of video conferencing services shall participate in, and contribute to, the TRS Fund in a manner prescribed by the Commission by regulation to provide for obligations of those providers that are consistent with, and comparable to, the obligations of other contributors to the TRS Fund. (c) Use of amounts The Commission shall use contributions made under subsection (b) to carry out the program under subpart GG of part 64 of title 47, Code of Federal Regulations, as in effect on the date of enactment of this section. . 303. National DeafBlind equipment distribution program Section 719 of the Communications Act of 1934 ( 47 U.S.C. 620 ) is amended— (1) by striking subsections (a) and (b) and inserting the following: (a) Updated regulations Not later than 18 months after the date of enactment of the Communications, Video, and Technology Accessibility Act of 2022 , the Commission shall update the rules under section 64.610 of title 47, Code of Federal Regulations, or any successor regulation, to define as eligible for telecommunications relay service support those programs that are approved by the Commission for the distribution of specialized customer premises equipment and software designed to make telecommunications service, internet access service, and advanced communications, including interexchange services and advanced telecommunications and information services, accessible to individuals who are DeafBlind. (b) Definition In this section, the term individual who is DeafBlind — (1) has the meaning given the term individual who is deaf-blind in section 206(2) of the Helen Keller National Center Act ( 29 U.S.C. 1905(2) ), as amended by the Rehabilitation Act Amendments of 1992; and (2) includes an individual who— (A) for the purposes of satisfying subparagraph (A)(i) of such section 206(2), has been diagnosed with a cortical or cerebral visual impairment; (B) for the purposes of satisfying subparagraph (A)(ii) of such section 206(2), has been diagnosed with an auditory processing disorder; or (C) for the purposes of satisfying subparagraphs (A)(i) and (A)(ii) of such section 206(2), has been diagnosed with both a cortical or cerebral visual impairment and an auditory processing disorder. ; and (2) in subsection (c), by striking $10,000,000 and inserting $20,000,000, which the Commission shall adjust annually for inflation using an inflation factor determined by the Commission . 304. Advanced Communications Services Advisory Committee (a) Definitions In this section: (1) Advanced communications services; video conferencing service The terms advanced communications services and video conferencing service have the meanings given the terms in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ), as amended by this Act. (2) Advisory Committee The term Advisory Committee means the Advanced Communications Services Advisory Committee established under subsection (b). (3) Chair The term Chair means the Chair of the Commission. (4) Commission The term Commission means the Federal Communications Commission. (5) Telecommunications relay services The term telecommunications relay services has the meaning given the term in section 225(a) of the Communications Act of 1934 ( 47 U.S.C. 225(a) ), as amended by this Act. (b) Establishment Not later than 60 days after the date of enactment of this Act, the Chair shall establish an advisory committee to be known as the Advanced Communications Services Advisory Committee. (c) Membership As soon as practicable after the date on which the Chair establishes the Advisory Committee, the Chair shall appoint individuals who have the technical knowledge and engineering expertise to serve on the Advisory Committee in the fulfillment of the duties of the Advisory Committee, including the following: (1) Representatives of entities involved in the provision of video conferencing services (or a national organization representing such entities). (2) Representatives of vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of video conferencing services (or a national organization representing such vendors, developers, or manufacturers). (3) Representatives of vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of assistive technologies used with video conferencing services (or a national organization representing such vendors, developers, or manufacturers). (4) Representatives of manufacturers of consumer electronics or information technology equipment engaged in the provision of video conferencing services (or a national organization representing such manufacturers). (5) Representatives of national organizations representing accessibility advocates, including people with disabilities and older Americans. (6) Representatives of service agencies engaged in the provision of captioning and interpretation services for video conferencing services. (7) Representatives of providers of telecommunications relay services. (8) Academic experts or representatives of research institutions with expertise regarding advanced communication services. (9) Individuals with technical and engineering expertise, as the Chair determines appropriate. (d) Commission oversight The Chair shall appoint a member of the staff of the Commission to moderate and direct the work of the Advisory Committee. (e) Technical staff The Chair shall appoint a member of the technical staff of the Commission to provide technical assistance to the Advisory Committee. (f) Development of recommendations (1) Advanced communications services report Not later than 1 year after the date on which the Advisory Committee first meets, the Advisory Committee shall submit to the Commission a report that, subject to paragraph (2), includes the following: (A) A recommended schedule of deadlines for— (i) making video conferencing services and equipment accessible to individuals with disabilities; and (ii) compliance with quality metrics and thresholds for built-in closed captioning functionality for video conferencing services and equipment. (B) An identification of the protocols, technical capabilities, and technical procedures needed to— (i) permit video conferencing services to include built-in closed captioning functionality; and (ii) allow the interconnection of, and compatibility with, assistive technologies and services, existing peripheral devices, and specialized customer premises equipment commonly used by individuals with disabilities to achieve access. (C) A recommendation for technical standards to address the protocols, technical capabilities, and technical procedures identified under subparagraph (B). (D) A recommendation for standards to be used to ensure that the quality of built-in closed captioning functionality for video conferencing services facilitates effective communication. (2) Consideration of work by standards-setting organizations The recommendations of the Advisory Committee contained in the report submitted under paragraph (1) shall, to the extent possible, incorporate the standards, protocols, and procedures that have been adopted by recognized industry standard-setting organizations for each of the purposes described in that paragraph. (g) Meetings (1) Initial meeting The initial meeting of the Advisory Committee shall take place not later than 45 days after the date on which the Chair appoints the members of the Advisory Committee under subsection (c). (2) Other meetings After the initial meeting of the Advisory Committee under paragraph (1), the Advisory Committee shall meet at the call of the Chair. (3) Notice; open meetings Each meeting held by the Advisory Committee shall be— (A) noticed not fewer than 14 days before the date of that meeting; and (B) open to the public. (h) Procedural rules (1) Quorum The presence of 1/3 of the members of the Advisory Committee shall constitute a quorum for conducting the business of the Advisory Committee. (2) Subcommittees To assist the Advisory Committee in carrying out the functions of the Advisory Committee, the Chair may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts. (3) Additional procedural rules The Advisory Committee may adopt other procedural rules as needed. (i) Inapplicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Advisory Committee or the activities of the Advisory Committee. 305. Real-time text Title VII of the Communications Act of 1934 ( 47 U.S.C. 601 et seq. ) is amended by inserting after section 716 ( 47 U.S.C. 617 ) the following: 716A. Real-time text Not later than 2 years after the date of enactment of this section, the Commission shall revise the regulations of the Commission to require that all interconnected and non-interconnected VoIP services, whether delivered using wireless or wireline infrastructure, enable, so long as it is achievable (as defined in section 716)— (1) the delivery of real-time text with other wireless and wireline VoIP services; and (2) connectivity of real-time text to public safety answering points, as defined in section 222(h). . 306. Advanced communications services software Section 716(e) of the Communications Act of 1934 ( 47 U.S.C. 617(e) ) is amended by adding at the end the following: (3) Revision of regulations Not later than 1 year after the date of enactment of this paragraph, the Commission shall update the regulations prescribed under this subsection to require that all obligations applicable to equipment used for advanced communications services extend to software used for those services, without regard to whether that software is pre-installed on equipment used for those services. . IV Emerging technology 401. Emerging technology Title VII of the Communications Act of 1934 ( 42 U.S.C. 601 et seq. ) is amended by adding at the end the following: 723. Emerging technology accessibility (a) Reports to Congress Not later than 3 years after the date of enactment of this section, and every 5 years thereafter, the Commission shall, in consultation with the United States Access Board, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report assessing— (1) the extent to which any accessibility barriers exist for individuals with disabilities, including individuals who are blind, deaf, or DeafBlind or individuals who have low vision, an auditory processing disorder, or a cortical or cerebral visual impairment, with respect to emerging communications and video programming technologies and services, including communication and video programming technologies that use augmented reality, virtual reality, extended reality, dual reality, artificial intelligence and other advanced machine learning, robotics, the Internet of Things, and other forms of advanced computing power; and (2) solutions needed to ensure that new or emerging communications and video programming technologies and services such as those described in paragraph (1)— (A) are accessible to individuals with disabilities; (B) provide the necessary hardware and software to achieve compatibility with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access; and (C) can be used to eliminate barriers for individuals with disabilities, including individuals who are blind, deaf, or DeafBlind, individuals who have low vision, an auditory processing disorder, a cortical or cerebral visual impairment, or a speech disability, and individuals who use augmentative and alternative communication. (b) Consideration of effect on individuals with particular barriers In preparing each report required under subsection (a), the Commission shall consider the effect of emerging technologies on individuals with disabilities who use those technologies and have particular barriers to participation and communication with those technologies, including individuals with disabilities using those technologies— (1) who have limited language or limited English language; (2) who have significant or targeted disabilities, including individuals who have a speech disability and individuals who use augmentative and alternative communication; (3) who have disabilities limiting communication; (4) who lack access to broadband services and technology; or (5) who face heightened barriers due to race, ethnicity, national origin, age, sex, sexual orientation, gender identity, Tribal affiliation, or socioeconomic status. (c) Regulations Not later than 2 years after the date on which the Commission submits each report required under subsection (a), the Commission shall issue new or update existing regulations for ensuring the accessibility of emerging communications and video programming technologies and services by individuals with disabilities where doing so is necessary to further the goals of the statutory provisions implemented by the regulations of the Commission under parts 6, 7, 14, and 79 of title 47, Code of Federal Regulations, or any successor regulation, intended to fulfill these goals. (d) Augmentative and alternative communication defined In this section, the term augmentative and alternative communication means any tool, method, technology, strategy, service, training, coaching, or other support used to supplement or replace speech. . V Enforcement and reporting 501. Accessibility enforcement Section 503(b)(5) of the Communications Act of 1934 ( 47 U.S.C. 503(b)(5) ) is amended by inserting after uses that tower the following: , or in the case of violations of this Act related to requirements of accessibility for individuals with disabilities, including violations of section 225, section 255, section 276(b)(1)(A), subsections (u) through (cc) of section 303, section 330(b), section 710, section 711, section 713, or sections 715 through 719 . 502. Reports to Congress Title VII of the Communications Act of 1934 ( 47 U.S.C. 601 et seq. ), as amended by section 401 of this Act, is amended— (1) in section 717 ( 47 U.S.C. 618 )— (A) by striking subsection (b); (B) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; and (C) in subsection (d), as so redesignated, by striking subsection (d) and inserting subsection (c) ; and (2) by adding at the end the following: 724. Accessibility reporting requirements Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes the following: (1) The number and nature of complaints received pursuant to subsection (u), (z), (aa), or (bb) of section 303, section 330(b), section 713, and section 716(a) during the period covered by the report. (2) A description of the actions taken to resolve the complaints described in paragraph (1), including forfeiture penalties assessed. (3) The length of time that was taken by the Commission to resolve each such complaint. (4) The number, status, nature, and outcome of each action for mandamus filed pursuant to section 717(a)(6) and the number, status, nature, and outcome of each appeal filed pursuant to section 402(b)(10). . | https://www.govinfo.gov/content/pkg/BILLS-117s5121is/xml/BILLS-117s5121is.xml |
117-s-5122 | II 117th CONGRESS 2d Session S. 5122 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Rubio (for himself, Mr. Cramer , Mr. Scott of Florida , and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide greater scrutiny of visas for Chinese Communist Party members.
1. Short title This Act may be cited as the CCP Visa Ban Act of 2022 . 2. Scrutiny of visas for Chinese Communist Party members (a) Inadmissibility Section 212(a)(3)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(D) ) is amended— (1) in the subparagraph heading, by striking Immigrant membership and inserting Membership ; and (2) by adding at the end the following: (v) Prohibition on issuance of certain visas to members of the Chinese Communist Party An alien who is or has been a member of or affiliated with the Chinese Communist Party— (I) is inadmissible; and (II) shall not be issued a visa as a nonimmigrant described in section 101(a)(15)(B). . (b) Applications for visa extensions With respect to applications to extend visas issued to nonimmigrants described in section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ) through enrollment in the Electronic Visa Update System or any successor system— (1) the Commissioner of U.S. Customs and Border Protection shall ensure that such system has a functionality for determining whether an applicant is a covered alien; and (2) in the case of an applicant determined to be a covered alien, the applicant's request for enrollment shall be denied. (c) Cancellation of visas authorized (1) In general On encountering a covered alien who is in possession of a valid, unexpired visa issued under section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ), the Commissioner of U.S. Customs and Border Protection shall cancel such visa. (2) Role of Bureau of Consular Affairs Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary for Consular Affairs shall— (A) cancel all nonimmigrant visas issued to covered aliens under section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ); and (B) update the Consular Consolidated Database and the Consular Lookout and Support System to reflect such cancellations. (3) Remedy The sole legal remedy available to an alien whose visa has been cancelled under this subsection shall be to submit a new application for a visa in accordance with the procedures established by the Bureau of Consular Affairs. (d) Definition of covered alien In this section, the term covered alien means an alien who is or has been a member of or affiliated with the Chinese Communist Party. | https://www.govinfo.gov/content/pkg/BILLS-117s5122is/xml/BILLS-117s5122is.xml |
117-s-5123 | II 117th CONGRESS 2d Session S. 5123 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Booker (for himself and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Controlled Substances Act to modify the registration requirements relating to research, and for other purposes.
1. Short title This Act may be cited as the Breakthrough Therapies Act . 2. Registration requirements related to research (a) Alternative registration process for schedule I research Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) is amended by adding at the end the following new subsection: (l) Special provisions for those conducting certain research with schedule i controlled substances (1) In general Notwithstanding subsection (f), a practitioner may conduct research that is described by paragraph (2) and that is with 1 or more schedule I substances if one of the following conditions is satisfied: (A) Researcher with a current schedule I or II research registration If the practitioner is registered to conduct research with a controlled substance in schedule I or II, the practitioner may conduct research under this paragraph 30 days after the practitioner has sent a notice to the Attorney General containing the following information, with respect to each substance with which the research will be conducted: (i) The chemical name of the substance. (ii) The quantity of the substance to be used in such research. (iii) Demonstration that the research is in the category described by paragraph (2), which demonstration can be satisfied— (I) in the case of a grant, contract, cooperative agreement, or other transaction, or intramural research project, by identifying the sponsoring agency and supplying information related to the grant, contract, cooperative agreement, other transaction, or project; or (II) in the case of an application under section 505(i) of the Federal Food, Drug, and Cosmetic Act, by supplying the application number and the sponsor of record on such application. (iv) Demonstration that the researcher is authorized to conduct research with respect to the substance under the laws of the State in which the research will take place. (B) Researcher without a current schedule I or II (i) Research registration If the practitioner is not currently registered to conduct research with a controlled substance in schedule I or II, the practitioner may send a notice to the Attorney General containing the information listed in subparagraph (A), with respect to each substance with which the research will be conducted, and the Attorney General will treat such notice as a sufficient application for a research registration. Not later than 45 days of receiving such a notice that contains all information required by subparagraph (A), the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with section 824(c) of this title. (C) Verification of information On request from the Attorney General, the Secretary of Health and Human Services or the Secretary of Veterans Affairs, as appropriate, shall verify information submitted by an applicant under subparagraph (A)(iii). (2) Research subject to expedited procedure Research is described by this paragraph if— (A) the research is the subject of an application under section 505(i) of the Federal Food, Drug, and Cosmetic Act for the investigation of a drug which is in effect in accordance with section 312.40 of title 21, Code of Federal Regulations; or (B) the research is conducted by the Department of Health and Human Services or the Department of Veterans Affairs or is funded partly or entirely by a grant, contract, cooperative agreement, or other transaction from the Department of Health and Human Services, Department of Veterans Affairs, or a State health department. (3) Electronic submissions The Attorney General shall provide a means to permit practitioners to submit notifications under paragraph (1) electronically. (4) Limitation on amounts A practitioner conducting research with a schedule I substance pursuant to this subsection shall only be permitted to possess the amounts of schedule I substance identified in— (A) the notification to the Attorney General under paragraph (1); or (B) a supplemental notification that the practitioner may send if the practitioner needs additional amounts for the research, which supplemental notification shall include the registrant's name, the additional quantity needed of the substance, and an attestation that the research to be conducted with the substance is consistent with the scope of the research that was the subject of the notification under paragraph (1). (5) Importation and exportation requirements not affected Nothing in this section alters the requirements of part A of title III, regarding the importation and exportation of controlled substances. . (b) Separate registrations not required for additional researcher in same institution Section 302 of the Controlled Substances Act ( 21 U.S.C. 822 ) is amended in subsection (c), by adding the following paragraph: (4) An agent or employee of a research institution that is conducting research with a controlled substance if— (A) such agent or employee is acting within the scope of his or her professional practice; (B) another agent or employee of such institution is registered to conduct research with a controlled substance in the same schedule; (C) the researcher who is so registered— (i) informs the Attorney General of the name, position title, and employing institution of the agent or employee who is not separately registered; (ii) authorizes such agent or employee to perform research under the registered researcher's registration; and (iii) affirms that all acts taken by such agent or employee involving controlled substances shall be attributable to the registered researcher, as if the researcher had directly committed such acts, for purposes of any proceeding under section 304(a) ( 21 U.S.C. 824(a) ) to suspend or revoke the registration of the registered researcher; and (D) the Attorney General does not, within 30 days of receiving the information, authorization, and affirmation described in subparagraph (C), refuse, for a reason listed in section 304(a) ( 21 U.S.C. 824(a) ), to allow such agent or employee to possess such substance without a separate registration. . (c) Single registration for related research sites Such section 302 is further amended in subsection (e) by adding at the end the following new paragraph: (3) (A) Notwithstanding paragraph (1), a person registered to conduct research with a controlled substance under section 303(f) may conduct such research under a single registration if— (i) such research occurs exclusively on sites all of which are within the same city or county and are under the control of the same institution, organization, or agency; and (ii) the researcher notifies the Attorney General of all sites where the research will be conducted or where the controlled substance will be stored or administered prior to commencing such research. (B) A site described by subparagraph (A) shall be included in such registration only if the researcher has notified the Attorney General of such site— (i) in the application for such registration; or (ii) before the research is conducted, or before the controlled substance is stored or administered, at such site. (C) The Attorney General may, in consultation with the Secretary of Health and Human Services, issue regulations addressing— (i) the manner in which controlled substances may be delivered to the research sites described in subparagraph (A); (ii) the storage and security of controlled substances at such research sites; (iii) the maintenance of records for such research sites; and (iv) any other matters necessary to ensure effective controls against diversion at such research sites. . (d) New inspection not required in certain situations Such section 302 is further amended in subsection (f)— (1) by striking (f) The and inserting (f)(1) The ; and (2) by adding a new paragraph, as follows: (2) (A) If a person is registered to conduct research with a controlled substance and applies for a registration, or for a modification of a registration, to conduct research with a second controlled substance that is in the same schedule as the first controlled substance, or is in a schedule with a higher numerical designation than the schedule of the first controlled substance, a new inspection by the Attorney General of the registered location is not required. (B) Nothing in this paragraph shall prohibit the Attorney General from conducting any inspection if the Attorney General deems it necessary to ensure that the registrant maintains effective controls against diversion. . (e) Continuation of research on substances newly added to schedule i Such section 302 is further amended by adding at the end the following new subsection: (h) Continuation of research on substances newly added to schedule I If a person is conducting research on a substance at the time the substance is added to schedule I, and such person is already registered to conduct research with a controlled substance in schedule I, then— (1) the person shall, not later than 90 days of the scheduling of the newly scheduled substance, submit a completed application for registration or modification of existing registration, to conduct research on such substance, in accordance with the regulations issued by the Attorney General; (2) the person may, notwithstanding subsections (a) and (b), continue to conduct the research on such substance until the person withdraws such application or until the Attorney General serves on the person an order to show cause proposing the denial of the application pursuant to section 304(c); (3) if the Attorney General serves such an order to show cause and the person requests a hearing, such hearing shall be held on an expedited basis and not later than 45 days after the request is made, except that the hearing may be held at a later time if so requested by the person; and (4) if the person sends a copy of the application referred to in that paragraph to a manufacturer or distributor of such substance, receipt of such copy by such manufacturer or distributor shall constitute sufficient evidence that the person is authorized to receive such substance. . (f) Treatment of certain manufacturing activities as coincident to research Such section 302 ( 21 U.S.C. 822 ) is further amended by adding at the end the following new subsection: (j) Treatment of certain manufacturing activities as coincident to research (1) In general Except as specified in paragraph (3), a person who is registered to perform research on a controlled substance may perform manufacturing activities with small quantities of that substance, including activities listed in paragraph (2), without being required to obtain a manufacturing registration, if such activities are performed for the purpose of the research and if the activities and the quantities of the substance involved in those activities are stated in— (A) a notification submitted to the Attorney General under section 303(l); (B) a protocol filed with an application for registration approval, under section 303(f); or (C) a notification to the Attorney General that includes the registrant's name and an attestation that the research to be conducted with the small quantities of manufactured substance is consistent with the scope of the research that is the basis for the registration. (2) Activities included Activities permitted under paragraph (1) include— (A) processing the substance to create extracts, tinctures, oils, solutions, derivatives, or other forms of the substance consistent the information provided as part of a notification submitted to the Attorney General under section 303(l) ( 21 U.S.C. 823(l) ) or a research protocol filed with the application for registration approval; and (B) dosage form development studies performed for the purpose of satisfying FDA regulatory requirements for submitting an investigational new drug application. (3) Exception regarding marihuana The authority under paragraph (1) to manufacture substances does not include authority to grow marihuana. . (g) Transparency regarding special procedures Section 303 of such Act ( 21 U.S.C. 823 ) is further amended by adding at the end the following new subsection: (m) Transparency regarding special procedures (1) In general If the Attorney General determines, with respect to a controlled substance, that an application by a practitioner to conduct research with such substance should be considered under a process, or subject to criteria, different from the process or criteria applicable to applications to conduct research with other controlled substances in the same schedule, the Attorney General shall make public, including by posting on the website of the Drug Enforcement Administration— (A) the identities of all substances for which such determinations have been made; (B) the process and criteria that shall be applied to applications to conduct research with such substances; and (C) how such process and criteria differ from those applicable to applications to conduct research with other controlled substances in the same schedule. (2) Timing of posting The Attorney General shall make such information public upon making such determination, regardless of whether a practitioner has submitted such an application at that time. . 3. Currently accepted medical use with severe restrictions (a) Definitions Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) is amended by inserting after paragraph (7) the following: (7) (A) Subject to subparagraph (B), the term currently accepted medical use with severe restrictions , with respect to a drug or other substance, includes a drug or other substance that is an active moiety or active ingredient (whether in natural or synthetic form) of an investigational new drug for which a waiver is in effect under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) or section 351(a)(3) of the Public Health Service Act ( 42 U.S.C. 262(a)(3) ) and that the Secretary— (i) designates as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356(a) ); or (ii) authorizes for expanded access under subsection (b) or (c) of section 561 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb ), either alone or as part of a therapeutic protocol, to treat patients with serious or life-threatening diseases for which no comparable or satisfactory therapies are available. (B) A drug or other substance shall not meet the criteria under subparagraph (A) for having a currently accepted medical use with severe restrictions if— (i) in the case of a drug or other substance described in subparagraph (A)(ii)— (I) the Secretary places the expanded access or protocol for such drug on clinical hold as described in section 312.42 of title 21, Code of Federal Regulations (or any successor regulations); (II) there is no other investigational new drug containing the drug or other substance for which expanded access has been authorized under section 561(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb(a) ); and (III) the drug or other substance does not meet the requirements of subparagraph (A)(i); or (ii) the drug or other substance is an active moiety or active ingredient (whether natural or synthetic) of an application approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). . (b) Authority and criteria for classification of substances Section 201(j) of the Controlled Substances Act ( 21 U.S.C. 811(j) ) is amended— (1) in paragraph (1), by inserting a drug designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356(a) ), or a drug authorized for expanded access under subsection (b) or (c) of section 561 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb ) after subsection (f), ; and (2) in paragraph (2)— (A) in subparagraph (A), by striking ; or and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (C) the date on which the Attorney General receives notification from the Secretary of Health and Human Services that the Secretary has designated a drug as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356(a) ) or authorized a drug for expanded access under subsection (b) or (c) of section 561 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb ); or (D) the date on which the Attorney General receives any written notification demonstrating that the Secretary, before the date of enactment of this subparagraph, designated a drug as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356(a) ) or authorized a drug for expanded access under subsection (b) or (c) of section 561 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb ). . | https://www.govinfo.gov/content/pkg/BILLS-117s5123is/xml/BILLS-117s5123is.xml |
117-s-5124 | II 117th CONGRESS 2d Session S. 5124 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Luján (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the withdrawal and protection of certain Federal land in the State of New Mexico, and for other purposes.
1. Short title This Act may be cited as the Chaco Cultural Heritage Area Protection Act of 2022 . 2. Findings Congress finds that— (1) there are archeological, sacred, and historic resources located throughout the Greater Chaco region, which spans the States of New Mexico, Arizona, Utah, and Colorado; (2) the Chaco Culture National Historical Park, a unit of the National Park System and a United Nations Educational, Scientific and Cultural Organization World Heritage Site, is known around the world— (A) for multi-story buildings constructed by the Chacoan people that are still standing; and (B) as the nerve center of a culture that spread throughout and dominated the Four Corners area during the 9th, 10th, and 11th centuries; (3) the Chacoan people built hundreds of miles of roads and a network of villages, shrines, and communications sites, many of which are still visible; (4) many Pueblos and Indian Tribes in the Four Corners area claim cultural affiliation with, and are descended from, the Chacoan people; (5) the landscape around the Chaco Culture National Historical Park includes hundreds of internationally and nationally significant cultural resources, including prehistoric roads, communities, and shrines— (A) many of which are related to the resources found in the Chaco Culture National Historical Park, including the resources recognized by the amendment made by section 3 of the Chacoan Outliers Protection Act of 1995 ( 16 U.S.C. 410ii note; Public Law 104–11 ) providing for additional Chaco Culture Archeological Protection Sites; (B) a significant number of which are concentrated within the immediate area surrounding the Chaco Culture National Historical Park; and (C) that are commonly recognized by archeologists; (6) long considered one of the best places for stargazing in the world, Chaco Culture National Historical Park— (A) in 1991, established a night skies protection initiative and interpretive program to protect the night sky in the area of the Chaco Culture National Historical Park; and (B) in 2013, was certified as an International Dark Sky Park; (7) the Greater Chaco region extends beyond Chaco Culture National Historical Park and encompasses— (A) local communities, including the Pueblo Indian Tribes, Navajo Nation, Hopi Tribe, and other Indian Tribes; and (B) public and private land, which includes additional cultural resources and sacred sites; (8) for over 110 years, the Federal Government has recognized the importance of the area in which the Chacoan people lived and has acted to protect historic and sacred sites in the area, including— (A) Chaco Canyon, which was designated as a National Monument in 1907 and as the Chaco Culture National Historical Park in 1980; (B) the Aztec Ruins, which was designated as a National Monument in 1923 and expanded in each of 1928, 1930, 1948, and 1988; and (C) the 39 Chaco Culture Archeological Protection Sites designated in 1995; (9) recognizes that the standard for Tribal consultation is outlined in Executive Order No. 13175 ( 25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal governments); (10) extensive natural gas development has occurred in the Greater Chaco region that affect the health, safety, economies, and quality of life of local communities; (11) renewed interest in oil exploration and production within the Mancos/Gallup Shale play has increased the potential for— (A) significant impacts on cultural and other resources, the holistic experience of the sacred landscape, and visitor experiences at the Chaco Culture National Historical Park; and (B) additional impacts on local communities in the Greater Chaco region, including the Pueblo Indian Tribes, Navajo Nation, Hopi Tribe, and other Indian Tribes; (12) a mineral withdrawal in the landscape around the Chaco Culture National Historical Park would prevent leasing and development on Federal land and of Federal minerals in the immediate area surrounding the Chaco Culture National Historical Park, which would protect resources and visitor experiences at the Chaco Culture National Historical Park; (13) additional studies and protective measures should be undertaken to address health, safety, and environmental impacts on communities and interests of the Pueblo Indian Tribes, Navajo Nation, Hopi Tribe, and other Indian Tribes in the Greater Chaco region; and (14) the Greater Chaco region continues to be used for ceremonial and cultural purposes by the Pueblo Indian Tribes, Navajo Nation, Hopi Tribe, and other Indian Tribes. 3. Definitions In this Act: (1) Covered lease The term covered lease means any oil and gas lease for Federal land— (A) on which drilling operations have not been commenced before the end of the primary term of the applicable lease; (B) that is not producing oil or gas in paying quantities; and (C) that is not subject to a valid cooperative or unit plan of development or operation certified by the Secretary to be necessary. (2) Federal land (A) In general The term Federal land means— (i) any Federal land or interest in Federal land that is within the boundaries of the Chaco Cultural Heritage Withdrawal Area, as depicted on the Withdrawal Map; and (ii) any land or interest in land located within the boundaries of the Chaco Cultural Heritage Withdrawal Area, as depicted on the Withdrawal Map, that is acquired by the Federal Government after the date of enactment of this Act. (B) Exclusion The term Federal land does not include trust land (as defined in section 3765 of title 38, United States Code). (3) Secretary The term Secretary means the Secretary of the Interior. (4) Withdrawal map The term Withdrawal Map means the map prepared by the Bureau of Land Management entitled Proposed Withdrawal Chaco Culture National Historic Park Surrounding Area and dated January 6, 2022, as referred to in the notice of the Secretary entitled Notice of Proposed Withdrawal and Public Meetings; San Juan County, NM (87 Fed. Reg. 785 (January 6, 2022)). 4. Withdrawal of certain Federal land in the State of New Mexico (a) In general Subject to any valid existing rights, the Federal land is withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Availability of Withdrawal Map The Withdrawal Map shall be made available for inspection at each appropriate office of the Bureau of Land Management. (c) Conveyance of federal land to indian tribes Notwithstanding subsection (a), the Secretary may convey the Federal land to, or exchange the Federal land with, an Indian Tribe in accordance with a resource management plan that is approved as of the date of enactment of this Act, as subsequently developed, amended, or revised in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) and any other applicable law. (d) Oil and gas lease management (1) Termination of non-producing leases A covered lease— (A) shall automatically terminate by operation of law pursuant to section 17(e) of the Mineral Leasing Act ( 30 U.S.C. 226(e) ) and subpart 3108 of title 43, Code of Federal Regulations (or successor regulations); and (B) may not be extended by the Secretary. (2) Withdrawal of terminated, relinquished, or acquired leases Any portion of the Federal land subject to a covered lease terminated under paragraph (1) or otherwise or relinquished or acquired by the United States on or after the date of enactment of this Act is withdrawn from— (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent undermining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (e) Effect Nothing in this section— (1) affects the mineral rights of an Indian Tribe or a member of the Navajo Nation or any other Indian Tribe to trust land or allotment land; or (2) precludes improvements to, or rights-of-way for water, power, utility, or road development on, the Federal land to assist communities adjacent to or in the vicinity of the Federal land. | https://www.govinfo.gov/content/pkg/BILLS-117s5124is/xml/BILLS-117s5124is.xml |
117-s-5125 | II 117th CONGRESS 2d Session S. 5125 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Kelly (for himself and Mr. Cassidy ) 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 reform the application of family attribution rules for purposes of retirement plans.
1. Short title This Act may be cited as the Family Attribution Modernization Act . 2. Reform of family attribution rule (a) In general Section 414 of the Internal Revenue Code of 1986 is amended— (1) in subsection (b)— (A) by striking For purposes of and inserting the following: (1) In general For purposes of , and (B) by adding at the end the following new paragraphs: (2) Special rules for applying family attribution For purposes of applying the attribution rules under section 1563 with respect to paragraph (1), the following rules apply: (A) Community property laws shall be disregarded for purposes of determining ownership. (B) Except as provided by the Secretary, stock of an individual not attributed under section 1563(e)(5) to such individual’s spouse shall not be attributed to such spouse by reason of 1563(e)(6)(A). (C) Except as provided by the Secretary, in the case of stock in different corporations that is attributed to a child under section 1563(e)(6)(A) from each parent, and is not attributed to such parents as spouses under section 1563(e)(5), such attribution to the child shall not by itself result in such corporations being members of the same controlled group. (3) Plan shall not fail to be treated as satisfying this section If application of paragraph (2) causes two or more entities to be a controlled group, or an affiliated service group, or to no longer be in a controlled group or an affiliated service group, such change shall be treated as a transaction to which section 410(b)(6)(C) applies. , and (2) in subsection (m)(6)(B), by striking apply and inserting apply, except that community property laws shall be disregarded for purposes of determining ownership . (b) Effective date The amendments made by this section shall apply to plan years beginning on or after the date of the enactment of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s5125is/xml/BILLS-117s5125is.xml |
117-s-5126 | II 117th CONGRESS 2d Session S. 5126 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Van Hollen (for himself, Mr. Portman , Mr. Wyden , and Mr. Merkley ) 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 strike the provision of the American Opportunity Tax Credit that denies the credit to students with felony drug convictions.
1. Short title This Act may be cited as the Eliminating Discrimination And Creating Corridors to Expand Student Success Act of 2022 or the ED ACCESS Act of 2022 . 2. Elimination of denial of American Opportunity Tax Credit for students convicted of a felony drug offense (a) In general Section 25A(b)(2) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Effective date The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5126is/xml/BILLS-117s5126is.xml |
117-s-5127 | II 117th CONGRESS 2d Session S. 5127 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Cruz (for himself and Ms. Cantwell ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the disclosure of a camera or recording capability in certain internet-connected devices.
1. Short title This Act may be cited as the Informing Consumers about Smart Devices Act . 2. Required disclosure of a camera or recording capability in certain internet-connected devices Each manufacturer of a covered device shall disclose, clearly and conspicuously and prior to purchase, whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device. 3. Enforcement by the Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Actions by the Commission (1) In general The Federal Trade Commission (in this Act referred to as the Commission ) shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Penalties and privileges Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Savings clause Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (c) Commission guidance Not later than 180 days after the date of enactment of this Act, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this Act, including guidance about best practices for making the disclosure required by section 2 as clear and conspicuous as practicable. (d) Tailored guidance A manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of section 2 consistent with existing rules of practice or any successor rules. (e) Limitation on Commission Guidance No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate section 2. 4. Definition of covered device As used in this Act, the term covered device — (1) means a consumer product, as defined by section 3(a) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a) ) that is capable of connecting to the internet, a component of which is a camera or microphone; and (2) does not include— (A) a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera; (B) any device that is specifically marketed as a camera, telecommunications device, or microphone; or (C) any device or apparatus described in sections 255, 716, and 718, and subsections (aa) and (bb) of section 303 of the Communications Act of 1934 ( 47 U.S.C. 255 ; 617; 619; and 303(aa) and (bb)), and any regulations promulgated thereunder. 5. Effective date This Act shall apply to all covered devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under section 3(c), and shall not apply to covered devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date. | https://www.govinfo.gov/content/pkg/BILLS-117s5127is/xml/BILLS-117s5127is.xml |
117-s-5128 | II 117th CONGRESS 2d Session S. 5128 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes.
1. Short title This Act may be cited as the Fertilizer Stewardship, Utilization, Sustainability, Technology, Access, Innovation, and Nourishment Act or the Fertilizer SUSTAIN Act . 2. Designation of phosphate and potash as critical minerals (a) Designation Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall— (1) designate potash and phosphates as critical minerals under section 7002(c)(4) of the Energy Act of 2020 ( 30 U.S.C. 1606(c)(4) ); and (2) conduct an evaluation of other minerals necessary for the production of fertilizer and other agricultural products used to promote crop development for designation as critical minerals under that section. (b) Recommendations Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall— (1) evaluate any policies relating to permitting and leasing of projects to develop the minerals described in paragraphs (1) and (2) of subsection (a); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives recommendations to support domestic production of the minerals described in paragraphs (1) and (2) of subsection (a). 3. Federal Register and NEPA process for phosphate and potash exploration or mine permits (a) Federal Register process (1) Departmental review Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary of the Interior and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be— (A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and (B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice. (2) Preparation The preparation of Federal Register notices required by law associated with the issuance of a potash or phosphate exploration or mine permit shall be delegated to the organizational level within the Federal agency responsible for issuing the potash or phosphate exploration or mine permit. (3) Transmission All Federal Register notices relating to official document availability, announcements of meetings, or notices of intent to undertake an activity described in paragraph (2) shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable— (A) the documents or meetings are held; or (B) the activity is initiated. (b) Environmental documents; record of decision (1) Definition of covered project In this subsection, the term covered project means a project for the exploration or mining of potash or phosphate for which a Federal permit is required. (2) Preparation of environmental document by project sponsors and qualified 3rd parties Notwithstanding any other provision of law, the head of a Federal agency may, on request of a project sponsor for a covered project, authorize a qualified third party or the project sponsor for the covered project to prepare an environmental document intended to be adopted by a Federal agency as the environmental impact statement, environmental assessment, or other environmental document for a covered project. (3) Deadline for record of decision Notwithstanding any other provision of law, the record of decision for a covered project shall be completed by not later than 30 months after the date on which the proposal for the covered project was submitted. 4. Approval of use of phosphogypsum in government road projects The Administrator of the Environmental Protection Agency shall issue an approval of the use of phosphogypsum in government road projects that is identical to the approval described in the notice of the Environmental Protection Agency entitled Approval of the Request for Other Use of Phosphogypsum by the Fertilizer Institute (85 Fed. Reg. 66550 (October 20, 2020)). 5. Certification of certified crop advisors for conservation technical assistance Section 1242 of the Food Security Act of 1985 ( 16 U.S.C. 3842 ) is amended— (1) in subsection (a)(2), by inserting an individual certified crop advisor described in subsection (e)(6), after nonprofit entity, ; and (2) in subsection (e), by adding at the end the following: (6) Certified crop advisors An individual possessing a current registration and credentials as a certified crop advisor— (A) shall be exempt from obtaining a certification under paragraph (4); and (B) may provide assistance to an eligible participant with respect to conservation practices within the scope of the registration of the individual. . 6. Increased cost-share payments for precision agriculture and nutrient management under environmental quality incentives program Section 1240B(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d) ) is amended by adding at the end the following: (8) Increased payments for precision agriculture and nutrient management Notwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with— (A) adopting precision agriculture or nutrient management practices; and (B) acquiring precision agriculture or nutrient management equipment and technology. . 7. Eligibility of agriculture retailers as regional conservation partnership program partners Section 1271A(4) of the Food Security Act of 1985 ( 16 U.S.C. 3871a(4) ) is amended by adding at the end the following: (K) An agriculture retailer. . 8. Review of conservation practice standards relating to plant biostimulants Section 1242(h) of the Food Security Act of 1985 ( 16 U.S.C. 3842(h) ) is amended by adding at the end the following: (5) Review relating to plant biostimulants (A) Definition of plant biostimulant In this paragraph, the term plant biostimulant means a substance, micro-organism, or mixture of a substance and a micro-organism, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, acts to support the natural processes of a plant independently of the nutrient content of that substance, micro-organism, or mixture, including by improving— (i) nutrient availability; (ii) uptake or use efficiency; (iii) tolerance to abiotic stress; and (iv) consequent growth, development, quality, or yield. (B) Review required The Secretary shall conduct a review of nutrient management practice standards to determine if plant biostimulants should be approved for use in appropriate conservation practice standards. . | https://www.govinfo.gov/content/pkg/BILLS-117s5128is/xml/BILLS-117s5128is.xml |
117-s-5129 | II 117th CONGRESS 2d Session S. 5129 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. McConnell introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the boundary of the Mammoth Cave National Park in the State of Kentucky, and for other purposes.
1. Short title This Act may be cited as the Mammoth Cave National Park Boundary Adjustment Act of 2022 . 2. Mammoth Cave National Park boundary modification Section 11 of the Act of June 5, 1942 (56 Stat. 319, chapter 341; 16 U.S.C. 404c–11 ), is amended— (1) in the second paragraph, by striking the sum of not to exceed in the first sentence and all that follows through the period at the end of the paragraph and inserting such sums as are necessary. ; and (2) by inserting after the second paragraph the following: The Secretary of the Interior may acquire approximately 980 acres of the land and any interests in the land generally depicted on the map entitled Mammoth Cave National Park Proposed Southern Boundary Expansion Edmonson and Barren Counties, Kentucky , numbered 135/177, 967, and dated April 28, 2022, for inclusion in the Mammoth Cave National Park. . | https://www.govinfo.gov/content/pkg/BILLS-117s5129is/xml/BILLS-117s5129is.xml |
117-s-5130 | II 117th CONGRESS 2d Session S. 5130 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Sullivan (for himself, Mr. Grassley , Mr. Cramer , Mr. Tuberville , Ms. Ernst , and Mr. McConnell ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Camp Lejeune Justice Act of 2022 to appropriately limit attorney's fees.
1. Short title This Act may be cited as the Protect Camp Lejeune Victims Ensnared by Trial-lawyer’s Scams Act or the Protect Camp Lejeune VETS Act . 2. Attorneys fees in Federal cause of action relating to water at Camp Lejeune, North Carolina (a) In general The Camp Lejeune Justice Act of 2022 ( 28 U.S.C. 2671 note prec.) is amended— (1) by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k), respectively; and (2) by inserting after subsection (g) the following: (h) Attorney fees (1) General rule Notwithstanding any contract, the attorney of an individual, or of the legal representative of an individual, may not receive, for services rendered in connection with an action filed under subsection (b) or any administrative action relating to such an action (as described in section 2675 of title 28, United States Code) (in this subsection referred to as an administrative claim ), more than the percentage specified in paragraph (2) of a payment made in the action. (2) Applicable percentage limitations The percentage specified in this paragraph is— (A) 2 percent for an administrative claim with respect to which a party entered a contract for services on or after August 10, 2022; or (B) 10 percent for— (i) an administrative claim with respect to which a party entered a contract for services before August 10, 2022; (ii) a resubmission of an administrative claim after the denial of an initial administrative claim, without regard to the date on which the party entered the applicable contract for services; or (iii) a judgment rendered or settlement entered in an action filed under subsection (b). (3) Penalty Any attorney who violates paragraph (1) shall be fined not more than $5,000. (4) Terms for payment of fees Any judgment rendered, settlement entered, or other award made with respect to an action filed under subsection (b) or an administrative claim shall provide that— (A) the Government may not pay attorneys fees to an attorney directly; and (B) attorneys fees shall be payable to the attorney by an individual, or legal representative of an individual, after the individual or legal representative receives the amounts payable under the judgment, settlement, or award. (5) Disclosure (A) In general Any judgment rendered, settlement entered, or other award made with respect to an action filed under subsection (b) or an administrative claim shall require disclosure to the Attorney General or to the court of the attorneys fees charged to an individual, or the legal representative of an individual. (B) Reporting The Attorney General shall collect the disclosures under subparagraph (A) of attorneys fees charged and submit to Congress an annual report detailing— (i) the total amount paid under such judgments, settlements, and awards; (ii) the total amount of attorney fees paid in connection with such judgments, settlements, and awards; and (iii) for each such judgment, settlement, or award— (I) the name of the attorney for the individual or legal representative of the individual; (II) if applicable, the law firm of the attorney; and (III) the amount of fees paid to the attorney. . (b) Update of regulations The Secretary of Veterans Affairs shall amend section 14.636 of title 38, Code of Federal Regulations, and any other relevant regulations, to comply with the amendments made by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s5130is/xml/BILLS-117s5130is.xml |
117-s-5131 | II 117th CONGRESS 2d Session S. 5131 IN THE SENATE OF THE UNITED STATES November 17, 2022 Ms. Rosen introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To ensure that certain loan programs of the Small Business Administration are made available to cannabis-related legitimate businesses and service providers, and for other purposes.
1. Short title This Act may be cited as the Fair Access for Cannabis Small Businesses Act . 2. 7 (a) loans to cannabis-related legitimate businesses and service providers Section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) is amended by adding at the end the following: (38) Loans to cannabis-related legitimate businesses and service providers (A) Definitions In this paragraph: (i) Cannabis The term cannabis has the meaning given the term marihuana in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (ii) Cannabis product The term cannabis product means any article that contains cannabis, including an article that is a concentrate, an edible, a tincture, a cannabis-infused product, or a topical. (iii) Cannabis-related legitimate business The term cannabis-related legitimate business means a manufacturer, producer, or any person or company that is a small business concern and that— (I) engages in any activity described in subclause (II) pursuant to a law established by a State or a political subdivision of a State, as determined by the State or political subdivision; and (II) participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products. (iv) Manufacturer The term manufacturer means a person who manufactures, compounds, converts, processes, prepares, or packages cannabis or cannabis products. (v) Producer The term producer means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of cannabis. (vi) Service provider The term service provider — (I) means a business, organization, or other person that— (aa) sells goods or services to a cannabis-related legitimate business; or (bb) provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to cannabis; and (II) does not include a business, organization, or other person that participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products. (vii) State The term State means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States. (B) Loans Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Administrator may not decline to provide a guarantee for a loan under this subsection, and a lender may not decline to make a loan made under this subsection, to an otherwise eligible small business concern solely because the concern is a cannabis-related legitimate business or service provider. . 3. Disaster loans to cannabis-related legitimate businesses and service providers Section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ) is amended by inserting after paragraph (15) the following: (16) Assistance to cannabis-related legitimate businesses and service providers Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Administrator may not decline to provide assistance under this subsection to an otherwise eligible borrower solely because the borrower is a cannabis-related legitimate business or service provider (as defined in subsection (a)(38)). . 4. Microloans to cannabis-related legitimate businesses and service providers Section 7(m) of the Small Business Act ( 15 U.S.C. 636(m)(13) ) is amended by adding at the end the following: (14) Assistance to cannabis-related legitimate businesses and service providers Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Administrator may not prohibit an eligible intermediary from providing assistance under this subsection to an otherwise eligible borrower solely because the borrower is a cannabis-related legitimate business or service provider (as defined in subsection (a)(38)). . 5. Small business investment company debentures to finance cannabis-related legitimate businesses and service providers Part A of title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. ) is amended by adding at the end the following: 321. Debentures to finance cannabis-related legitimate businesses and service providers (a) Guarantees Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Administrator may not decline to purchase or guarantee a debenture issued under this title to an otherwise eligible small business investment company solely because the small business investment company provides financing to an entity that is a cannabis-related legitimate business or service provider (as defined in paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (b) Other assistance Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Administrator may not prohibit a small business investment company from providing assistance under this title to an otherwise eligible small business concern solely because the small business concern is a cannabis-related legitimate business or service provider (as defined in paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). . 6. State or local development company loans to finance cannabis-related legitimate businesses and service providers Title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ) is amended by adding at the end the following: 511. Loans to finance cannabis-related legitimate businesses and service providers (a) Guarantees Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Administrator may not decline to guarantee a debenture issued under this title for the purpose of making 1 or more loans to small business concerns solely because the small business concern is a cannabis-related legitimate business or service provider (as defined in paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (b) Other assistance Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), a qualified State or local development company may not decline an application for a loan under this title submitted by an otherwise eligible small business concern solely because the small business concern is a cannabis-related legitimate business or service provider (as defined in paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). . 7. Assistance from resource partners for cannabis-related legitimate businesses and service providers (a) Small business development centers Section 21(c) of the Small Business Act ( 15 U.S.C. 648(c) ) is amended by adding at the end the following: (9) Services for cannabis-related legitimate businesses and service providers Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), a small business development center may not decline to provide services to an otherwise eligible small business concern under this section solely because the small business concern is a cannabis-related legitimate business or service provider (as defined in section 7(a)(38)). . (b) Women’s business centers Section 29 of the Small Business Act ( 15 U.S.C. 656 ) is amended by adding at the end the following: (p) Services for cannabis-Related legitimate businesses and service providers Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), a women’s business center may not decline to provide services to an otherwise eligible small business concern under this section solely because the small business concern is a cannabis-related legitimate business or service provider (as defined in section 7(a)(38)). . (c) SCORE Section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ) is amended by adding at the end the following: Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the head of the SCORE program established under this subparagraph may not decline to provide services to an otherwise eligible small business concern solely because the concern is a cannabis-related legitimate business or service provider (as defined in section 7(a)(38)). . (d) Veteran business outreach centers Section 32 of the Small Business Act ( 15 U.S.C. 657b ) is amended by adding at the end the following: (h) Services for cannabis-Related legitimate businesses and service providers Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), a Veteran Business Outreach Center may not decline to provide services to an otherwise eligible small business concern under this section solely because the small business concern is a cannabis-related legitimate business or service provider (as defined in section 7(a)(38)). . 8. Technical assistance providers In addition to the programs covered by the amendments made by this Act, and notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), a provider of financial or technical assistance under a program administered or funded by the Small Business Administration may not decline to provide such financial or technical assistance to an otherwise eligible small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )) solely because the concern is a cannabis-related legitimate business or service provider (as defined in section 7(a)(38) of the Small Business Act ( 15 U.S.C. 636(a)(38) ). 9. Rulemaking Not later than 120 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue or amend any rules, standard operating procedures, and other legal or policy guidance as necessary to carry out the requirements of this Act and the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5131is/xml/BILLS-117s5131is.xml |
117-s-5132 | II 117th CONGRESS 2d Session S. 5132 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To correct the boundary of the Chaco Culture National Historical Park in the State of New Mexico, and for other purposes.
1. Short title This Act may be cited as the Pueblo Pintado Protection Act . 2. Chaco Culture National Historical Park boundary correction (a) In general The boundary of the Chaco Culture National Historical Park in the State of New Mexico is revised to reflect the boundary identified as Adjusted Boundary on the map entitled Chaco Culture National Historical Park Proposed Boundary Correction , numbered 310/126,526B, and dated November 19, 2018 (referred to in this section as the map ). (b) Transfers of administrative jurisdiction Subject to the consent of the Navajo Nation— (1) administrative jurisdiction over the surface estate of the land removed from the Chaco Culture National Historical Park under subsection (a), as depicted on the map, is transferred from the National Park Service to the Bureau of Indian Affairs, to be held in trust by the United States for the benefit of the Navajo Nation; and (2) administrative jurisdiction over the surface estate of the land added to the Chaco Culture National Historical Park under subsection (a), as depicted on the map, is transferred from the Bureau of Indian Affairs and the Bureau of Land Management to the National Park Service. | https://www.govinfo.gov/content/pkg/BILLS-117s5132is/xml/BILLS-117s5132is.xml |
117-s-5133 | II 117th CONGRESS 2d Session S. 5133 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Grassley (for himself, Mr. Leahy , Mr. Crapo , and Mrs. Feinstein ) 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 reform certain forfeiture procedures, and for other purposes.
1. Short title This Act may be cited as the Deterring Undue Enforcement by Protecting Rights Of Citizens from Excessive Searches and Seizures Act of 2022 or the DUE PROCESS Act of 2022 . 2. General rules for civil forfeiture proceedings Section 983(a) of title 18, United States Code, is amended— (1) in the subsection heading, by striking complaint and inserting complaint; initial hearing ; (2) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (i)— (I) by striking 60 days and inserting 30 days ; and (II) by striking clauses (ii) through (v) and inserting clauses (iii) and (iv) ; (ii) by striking clause (ii); (iii) by redesignating clauses (iii) through (v) as clauses (ii) through (iv), respectively; (iv) in clause (ii), as so redesignated— (I) in the matter preceding subclause (I)— (aa) by striking 60-day and inserting 30-day ; and (bb) by striking does not file and all that follows through obtain and inserting obtains ; and (II) in subclause (I), by striking 60 days and inserting 30 days ; (v) in clause (iii), as so redesignated, by striking 90 days and inserting 60 days ; (vi) in clause (iv), as so redesignated, by striking 60 days and inserting 30 days ; and (vii) by adding at the end the following: (v) The notice under this subparagraph shall include an address, which shall also be widely published, at which the seizing agency can receive until 5 p.m. on any business day an interested party’s claim contesting a seizure or forfeiture. The interested party may send such a claim to that address by courier or overnight mail. For the purpose of determining compliance with any deadlines in filing such a claim, an interested party completes the filing by placing the communication making the claim in the control of an independent third-party delivery service such as a courier company or the United States mail. In determining whether any legal deadline for the filing of such a claim has been met, a court shall allow for the equitable tolling of the deadline in appropriate cases. (vi) The seizing agency shall make publicly available for each nonjudicial forfeiture, with respect to which a request for mitigation or remission is made, a statement of the agency’s disposition of that request, redacted if necessary, including the reasons for the decision. ; (B) in subparagraph (C)— (i) by striking 60 and inserting 30 ; and (ii) by striking which period may and all that follows through as necessary, ; (C) by adding at the end the following: (G) Any notice described in subparagraph (A) that is provided to a party shall include notice of— (i) the right of the party to request an initial hearing in accordance with paragraph (5); (ii) the right of the party to be represented by counsel at the initial hearing described in clause (i) and any civil forfeiture proceeding under a civil forfeiture statute; and (iii) the right of the party to request that the party be represented by counsel at the initial hearing described in clause (i) and any civil forfeiture proceeding under a civil forfeiture statute if the party meets the requirements described in subsection (b). ; and (D) by striking nonjudicial each place the term appears; (3) in paragraph (2)— (A) in subparagraph (A), by striking nonjudicial ; and (B) in subparagraph (B)— (i) by striking 35 days and inserting 65 days ; and (ii) by striking 30 days and inserting 60 days ; (4) by striking paragraph (3)(A), by striking subparagraph (A) and inserting the following: (3) (A) Not later than 90 days after a claim has been filed, the Government shall file a complaint for forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and Maritime Claims or return the property pending the filing of a complaint, except that a court in the district in which the complaint has been filed may extend the period for filing a complaint upon agreement of the parties. ; and (5) by adding at the end the following: (5) (A) A party claiming property seized in a civil forfeiture proceeding under a civil forfeiture statute may request, not later than 30 days after the date on which a notice described in paragraph (1)(A) is received or if notice is not received, not later than 30 days after the date of final publication of notice of seizure, an initial hearing to take place before a magistrate judge in the appropriate United States district court not later than the date on which a civil forfeiture proceeding under a civil forfeiture statute relating to the seized property commences. (B) If a party makes a request under subparagraph (A), a magistrate judge shall conduct an initial hearing not later than 10 days after the date on which the request is made. (C) At the initial hearing— (i) the magistrate judge shall— (I) inform the party in easily understood terms of— (aa) the right of the party to be represented by counsel at the initial hearing and any civil forfeiture proceeding under a civil forfeiture statute; (bb) the right of the party to request that the party be represented by counsel at the initial hearing and any civil forfeiture proceeding under a civil forfeiture statute if the magistrate judge finds that the party meets the requirements described in subsection (b); (cc) sufficiently detailed facts regarding the seizure of the property if the property was seized pursuant to a warrant described in the matter preceding subparagraph (A) of section 981(b)(2); and (dd) the right of the party to challenge the lawfulness of the seizure of the property, including on the grounds that at the time the property was seized— (AA) if the property was seized pursuant to a warrant described in the matter preceding subparagraph (A) of section 981(b)(2), the warrant was not supported by probable cause; or (BB) if the property was seized without a warrant described in subitem (AA), none of the exceptions described in subparagraphs (A) and (B) of section 981(b)(2) apply to the seizure of the property; and (II) if the party meets the requirements described in subsection (b), authorize counsel to represent the party or insure that the party is represented by an attorney for the Legal Services Corporation, as applicable, in accordance with that subsection; and (ii) the burden of proof is on the Government to establish that at the time the property was seized— (I) if the property was seized pursuant to a warrant described in the matter preceding subparagraph (A) of section 981(b)(2), the warrant was supported by probable cause; or (II) if the property was seized without a warrant described in subclause (I)— (aa) sufficiently detailed facts regarding the seizure of the property; and (bb) an exception described in subparagraph (A) or (B) of section 981(b)(2) applies to the seizure of the property. (D) The magistrate judge shall enter an order for the immediate release of the seized property with prejudice to the right of the Government to commence a civil forfeiture proceeding at a later time if the magistrate judge finds that— (i) the requirements described in subparagraphs (A) through (E) of subsection (f)(1) are met; and (ii) the Government did not meet the burden of proof described in subparagraph (C)(ii). . 3. Representation Section 983(b) of title 18, United States Code, is amended— (1) in paragraph (1)(A), by striking judicial ; and (2) in paragraph (2)(A), by striking judicial civil forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel, and the property subject to forfeiture is real property that is being used by the person as a primary residence and inserting civil forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel . 4. Burden of proof Section 983(c) of title 18, United States Code, is amended— (1) in paragraph (1), by striking a preponderance of the evidence and inserting clear and convincing evidence ; and (2) in paragraph (2), by striking a preponderance of the evidence and inserting clear and convincing evidence . 5. Right to request hearing on pretrial restraint of property to retain counsel of choice (a) Title 18 Section 1963 of title 18, United States Code, is amended— (1) by striking subsection (d)(1) and inserting the following: (d) (1) (A) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) for forfeiture under this section— (i) upon the filing of an indictment or information charging a violation of section 1962 and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section; or (ii) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that— (I) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and (II) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered. (B) (i) Upon motion of a defendant charged with a violation of section 1962 for which criminal forfeiture may be ordered under this section, supported by an affidavit, the court shall hold a hearing to determine whether to modify or rescind, in whole or in part, an order entered under subparagraph (A) to allow the defendant to use the property subject to the order to retain counsel of choice. (ii) At the hearing, the court shall consider— (I) the weight of the evidence against the defendant with respect to the violation of section 1962 for which criminal forfeiture may be ordered under this section; (II) the weight of the evidence with respect to whether the property will be subject to forfeiture under this section; (III) the history and characteristics of the defendant; and (IV) the nature and circumstances of the case. (C) An order entered pursuant to subparagraph (A)(ii) shall be effective for not more than 90 days, unless— (i) extended by the court for good cause shown; or (ii) an indictment or information described in subparagraph (A)(i) has been filed. ; and (2) in subsection (d)(2), by inserting that the defendant committed a violation of section 1962 for which criminal forfeiture may be ordered under this section and probable cause to believe after believe . (b) Controlled Substances Act Section 413 of the Controlled Substances Act ( 21 U.S.C. 853 ) is amended— (1) by striking subsection (e)(1) and inserting the following: (e) (1) (A) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) for forfeiture under this section— (i) upon the filing of an indictment or information charging a violation of this title or title III for which criminal forfeiture may be ordered under this section and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section; or (ii) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that— (I) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and (II) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered. (B) (i) Upon motion of a defendant charged with a violation of section 401 for which criminal forfeiture is ordered under this section, supported by an affidavit sufficient to demonstrate a genuine need for the defendant to use the property subject to an order entered under subparagraph (A) to retain counsel of choice, the court shall hold a hearing to determine whether to modify or rescind, in whole or in part, the order to allow the defendant to use the property to retain counsel of choice. (ii) At the hearing, the court shall consider— (I) the weight of the evidence against the defendant with respect to the violation of this title or title III for which criminal forfeiture may be ordered under this section; (II) the weight of the evidence with respect to whether the property is subject to forfeiture under this section; (III) the history and characteristics of the defendant; and (IV) the nature and circumstances of the case. (C) An order entered pursuant to subparagraph (A)(ii) shall be effective for not more than 90 days, unless— (i) extended by the court for good cause shown; or (ii) an indictment or information described in subparagraph (A)(i) has been filed. ; and (2) in subsection (e)(2), by inserting that the defendant committed a violation of this title or title III for which criminal forfeiture may be ordered under this section and probable cause to believe after believe . 6. Recovery of attorneys fees Section 2465(b) of title 28, United States Code, is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking substantially ; and (2) by adding at the end the following: (3) If the claim is resolved by a settlement in which the claimant prevails, the claimant is entitled to attorneys fees under this subsection to the same extent that the claimant would be if a judgment were issued in the proceeding for the property recovered under the settlement. The payment of attorneys fees under this subsection may not be waived as a part of any settlement with the claimant. That payment is not subject to any offset or deduction by the United States in connection with any claim the United States may have against the claimant. (4) For the purposes of this subsection, a claimant prevails if the claimant recovers more than 50 percent, by value, of the money or other property that is claimed. . 7. Annual audit of civil forfeitures (a) In general The Inspector General of the Department of Justice shall annually conduct an audit of a representative sample of Federal civil forfeitures under statutes described in section 983(i) of title 18, United States Code, to ensure those forfeitures comply with the Constitution of the United States and all other applicable Federal laws. (b) Report The Inspector General of the Department of Justice shall submit to the Attorney General and to Congress a report on the results of the audit required under subsection (a), which shall include the fiscal status of the Department of Justice Assets Forfeiture Fund and Treasury Forfeiture Fund, including any projected growth or reduction of amounts in the funds in future years, and the viability of the funds. 8. Publicly available databases (a) Quarterly updated database on details of forfeitures The Attorney General shall establish and maintain, with updates on a quarterly basis, a publicly available database that describes with respect to seizures for all Federal civil forfeiture containing the following: (1) For each such seizure: (A) Unit of an agency responsible for the seizure, and the location, including at a minimum the State, city, and judicial district where and date when the seizure took place. (B) The type of initial seizure (such as during a stop based on probable cause, or pursuant to a Federal warrant). (C) The nature and value of the seized property. (D) In what manner forfeiture of seized property was conducted (whether by a civil or administrative proceeding, through settlement, or otherwise). (E) Whether a forfeiture of the seized property was of the entire property, or only a part, and if partial, the proportion of the whole that was forfeited. (F) The disposition of the seized property, the date of forfeiture, if any, and the date the disposition took place. (G) What type of criminal activity any forfeited property relates to. (H) Whether any forfeited money was returned to the victim of a crime in connection with which the forfeiture occurred, and the amount returned. (I) The status of any concurrent or related criminal proceeding against the owner of the property, any pending case under title 11, United States Code, in which the owner of record of the property is the debtor, and any pending civil case in which a receiver has been ordered to take control of the property. (J) Whether the forfeiture was contested. (K) Whether the innocent owner made a claim on the property. (L) The total expenses associated with the forfeiture. (M) The total net proceeds of the forfeiture. (N) Demographic information on the person or persons subject to the seizure. (2) A statistical breakdown for each agency of the cases of remission and mitigation, including— (A) the number of requests for remission and mitigation that were— (i) fully granted; (ii) partially granted; or (iii) returned; and (B) with respect to requests that were partially granted— (i) the average percentage of the value of seized property that was returned to the owner; and (ii) what percentage of requests resulted in— (I) less than 25 percent of the property returned; (II) not less than 25 percent and less than 50 percent of the property returned; (III) not less than 50 percent and less than 75 percent of the property returned; and (IV) not less than 75 percent of the property returned. (3) Any money given from the Department of Justice Asset Forfeiture Fund or Treasury Forfeiture Fund to State or local law enforcement for joint law enforcement operations funding, or for any other purpose, and the name of the State or local entity receiving that funding. (b) Real-Time database To assist persons whose property is seized (1) Establishment The Attorney General shall establish and maintain, with updates on a real-time basis, a database, organized by State and county, with respect to each Federal seizure of real and personal property for Federal civil forfeiture under statutes described in section 983(i) of title 18, United States Code. (2) Design The Attorney General shall design the database to allow any interested party, including any owner, creditor, or lienholder, to determine whether that party has an interest in any such property and to inform that party, and the general public, on the specifics of how to contest each seizure before the forfeiture. (c) Heads of agencies To submit information for databases Not less frequently than quarterly, on a schedule determined by the Attorney General, the head of each Federal agency shall submit to the Attorney General a report that provides, in such form as the Attorney General may prescribe, the information the Attorney General is required to include in the databases established under this section. 9. Standard of proof relating to possibly innocent owners (a) Burden of proof Section 983(c) of title 18, United States Code, is amended by striking paragraph (3) and inserting the following: (3) if the Government’s theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish by clear and convincing evidence that— (A) there was a substantial connection between the property and the offense; and (B) the owner of any interest in the seized property— (i) intentionally used the property in connection with the offense; (ii) knowingly consented to the use of the property by another in connection with the offense; or (iii) knew that the property was being used in connection with the offense. . (b) Innocent owner defense Section 983(d) of title 18, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) An innocent owner’s interest in property shall not be forfeited under any civil forfeiture statute. The Government shall have the burden of proving that the claimant is not an innocent owner by clear and convincing evidence. ; and (2) in paragraph (2)(A)(i), by inserting or consent to after know of . 10. Proportionality Section 983(g) of title 18, United States Code, is amended— (1) in paragraph (1), by inserting or otherwise disproportional to the gravity of the offense before the period at the end; and (2) by striking paragraph (2) and inserting the following: (2) In making this determination, the court shall consider, in addition to the analysis as to whether the forfeiture is constitutionally excessive, the value of the property, the seriousness of the offense, the level of the claimant’s culpability in the offense giving rise to forfeiture, the claimant’s prior record, the claimant’s financial condition, and whether the forfeiture statute is intended to address the type of conduct alleged as the basis for forfeiture. . 11. Search and forfeiture of monetary instruments Section 5317(c) of title 31, United States Code, is amended by striking paragraph (2) and inserting the following: (2) Civil forfeiture (A) In general Any property involved in a violation of section 5313 or 5316, or any conspiracy to commit any such violation, and any property traceable to any such violation or conspiracy, may be seized and forfeited to the United States in accordance with the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18. (B) Structuring Any property involved in a violation of section 5324, or any conspiracy to commit any such violation, and any property traceable to any such violation or conspiracy, may be seized and forfeited to the United States in accordance with the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18 only if the property to be seized and forfeited is derived from an illegal source or if the structuring offense was used to conceal violations of other criminal laws. . 12. Applicability This Act and the amendments made by this Act shall apply only with respect to seizures made on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5133is/xml/BILLS-117s5133is.xml |
117-s-5134 | II 117th CONGRESS 2d Session S. 5134 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Coons (for himself, Mr. Graham , Mr. Boozman , Mr. Whitehouse , Mr. Heinrich , Mr. Burr , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes.
1. Short title This Act may be cited as the United States Foundation for International Conservation Act of 2022 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Appropriations of the Senate ; (B) the Committee on Foreign Relations of the Senate ; (C) the Committee on Appropriations of the House of Representatives ; and (D) the Committee on Foreign Affairs of the House of Representatives . (2) Board The term Board means the Board of Directors established under section 4 (a). (3) Director The term Director means— (A) an initial member of the Board appointed pursuant to section 4(a)(2)(C); or (B) a member of the Board selected to fill a vacancy pursuant to section 4(a)(3)(B). (4) Eligible country The term eligible country means any of the countries described in section 7(b). (5) Eligible project The term eligible project means any of the projects described in section 7(a)(2). (6) Executive director The term Executive Director means the Executive Director of the Foundation hired pursuant to section 4(b). (7) Foundation The term Foundation means the United States Foundation for International Conservation established under section 3(a). (8) Secretary The term Secretary means the Secretary of State. 3. United States Foundation for International Conservation (a) Establishment (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish the United States Foundation for International Conservation. (2) Independence The Foundation is not an agency or instrumentality of the United States Government. (3) Tax-exempt status The Board shall take all necessary and appropriate steps to ensure that the Foundation is an organization described in subsection (c) of section 501 of the Internal Revenue Code of 1986, which exempts the organization from taxation under subsection (a) of such section. (b) Purposes The purposes of the Foundation are— (1) to promote effective, long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries; (2) to advocate for, incentivize, accept, and administer governmental and nongovernmental funds, including donations from the private sector, to increase the availability and predictability of financing for long-term management of protected and conserved areas; (3) to close critical gaps in public international conservation efforts by— (A) increasing private sector investment, including investments from philanthropic entities; and (B) collaborating with partners providing bilateral and multilateral financing to support enhanced coordination; (4) to identify and financially support implementation-ready projects— (A) that promote long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries, including supporting the management of terrestrial, coastal, freshwater, and marine protected areas, parks, community conservancies, indigenous reserves, conservation easements, and biological reserves; and (B) that provide effective area-based conservation measures, consistent with internationally recognized best practices and standards for environmental and social safeguards; and (5) to coordinate with, and otherwise support and assist, foreign governments, private sector entities, local communities, Indigenous Peoples, and other stakeholders in undertaking biodiversity conservation activities— (A) to achieve sustainable biodiversity conservation outcomes; and (B) to improve local security, governance, food security, and economic opportunities. 4. Governance of the Foundation (a) Board of Directors (1) Governance The Foundation shall be governed by a Board of Directors. (2) Composition (A) In general The Board shall be composed of— (i) the ex-officio nonvoting Directors described in subparagraph (B); and (ii) the voting Directors appointed pursuant to subparagraph (C). (B) Ex-officio directors The ex-officio Directors shall be the following individuals or designees of such individuals: (i) The Secretary of State. (ii) The Administrator of the United States Agency for International Development. (iii) The Secretary of the Interior. (iv) The Chief of the United States Forest Service. (v) The Administrator of the National Oceanic and Atmospheric Administration. (C) Initial members The Secretary, in consultation with the other ex-officio Directors, shall appoint as Directors of the Board— (i) 4 private-sector committed donors; and (ii) 5 independent experts who represent diverse points of view, to the maximum extent practicable. (D) Qualifications Each independent expert appointed pursuant to subparagraph (C)— (i) shall be knowledgeable and experienced in matters relating to— (I) international development; (II) protected area management and the conservation of global biodiversity, fish and wildlife, ecosystem restoration, adaptation, and resilience; and (III) grantmaking in support of international conservation. (E) Chairperson The Board shall elect, from among its Directors, a Chairperson, who shall serve for a 2-year term. (3) Terms; vacancies (A) Terms (i) In general The term of service of each appointed Director shall be not more than 5 years. (ii) Initial appointed directors Of the initial Directors appointed pursuant to paragraph (2)(C)— (I) 5 Directors, including at least 2 private-sector committed donors, shall serve for 4 years; and (II) 4 Directors shall serve for 5 years, as determined by the Chairperson of the Board. (B) Vacancies Any vacancy in the membership of the appointed Directors of the Board— (i) shall be filled in accordance with the bylaws of the Foundation by a private-sector committed donor or an independent expert who meets the qualifications under subparagraph (C)(ii)(A), as applicable, as represented by the vacating Director; (ii) shall not affect the power of the remaining appointed Directors to execute the duties of the Board; and (iii) shall be filled by an individual selected by the Board. (4) Quorum A majority of the current membership of the Board shall constitute a quorum for the transaction of Foundation business. (5) Meetings (A) In general The Board shall meet at the call of the Chairperson not less frequently than annually. (B) Initial meeting Not later than 60 days after the Board is established pursuant to section 3(a), the Secretary shall convene a meeting of the ex-officio Directors and the appointed Directors of the Board to incorporate the Foundation. (C) Removal Any Director who misses 3 consecutive regularly scheduled meetings may be removed from the Board. (6) Reimbursement of expenses Directors of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred in the performance of the duties of the Foundation. (7) Not federal employees Appointment as a Director of the Board shall not constitute employment by, or the holding of an office of, the United States for purposes of any Federal law. (8) Duties The Board shall— (A) establish bylaws for the Foundation in accordance with paragraph (9); (B) provide overall direction for the activities of the Foundation and establish priority activities; (C) carry out any other necessary activities of the Foundation; (D) evaluate the performance of the Executive Director; and (E) not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, and information regarding effective protected and conserved area management. (9) Bylaws (A) In general The bylaws established pursuant to paragraph (8)(A) may include— (i) policies for the selection of Directors of the Board and officers, employees, agents, and contractors of the Foundation; (ii) policies, including ethical standards, for— (I) the acceptance, solicitation, and disposition of donations and grants to the Foundation; and (II) the disposition of assets of the Foundation; (iii) policies that subject all employees, fellows, trainees, and other agents of the Foundation (including ex-officio Directors and appointed Directors of the Board) to conflict of interest standards; and (iv) the specific duties of the Executive Director. (B) Requirements The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws do not— (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program. (b) Executive Director The Board shall hire an Executive Director of the Foundation, who shall serve, at the pleasure of the Board, as the chief executive officer of the Foundation. (c) Foundation staff Officers and employees of the Foundation— (1) may not be employees of, or hold any office in, the United States Government; and (2) shall be appointed without regard to the provisions of— (A) title 5, United States Code, governing appointments in the competitive service; and (B) chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (d) Limitation and conflicts of interests (1) Political participation The Foundation may not participate or intervene in any political campaign on behalf of any candidate for public office in any country. (2) Financial interests Any Director of the Board or officer or employee of the Foundation is prohibited from participating, directly or indirectly, in the consideration or determination of any question before the Foundation affecting— (A) the financial interests of such Director, officer, or employee; and (B) the interests of any corporation, partnership, entity, or organization in which such Director, officer, or employee has any fiduciary obligation or direct or indirect financial interest. 5. Corporate powers and obligations of the Foundation (a) General authority (1) In general The Foundation— (A) shall have perpetual succession unless dissolved by an Act of Congress; (B) may conduct business throughout the States, territories, and possessions of the United States and in foreign countries; (C) shall have its principal offices in the Washington, DC, metropolitan area; and (D) shall continuously maintain a designated agent in Washington, DC, who is authorized to accept notice or service of process on behalf of the Foundation. (2) Notice and service of process The serving of notice to, or service of process upon, the agent referred to in paragraph (1)(D), or mailed to the business address of such agent, shall be deemed as service upon, or notice to, the Foundation. (3) Seal The Foundation shall have an official seal, which shall be selected by the Board and judicially noticed. (b) Authorities In addition to powers explicitly authorized under this Act, the Foundation, in order to carry out the purposes described in section 3(b), shall have the usual powers of a corporation headquartered in Washington, DC, including the authority— (1) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, or real or personal property or any income derived from such gift or property, or other interest in such gift or property; (2) to acquire by donation, gift, devise, purchase, or exchange any real or personal property or interest in such property; (3) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income derived from such property; (4) to borrow money and issue bonds, debentures, or other debt instruments; (5) to complain and defend itself in any court of competent jurisdiction (except that the Directors of the Board shall not be personally liable, except for gross negligence); (6) to enter into contracts or other arrangements with public agencies, private organizations, and persons and to make such payments as may be necessary to carry out the purposes of such contracts or arrangements; and (7) to award grants for eligible projects, in accordance with section 7. (c) Property interests (1) Interest in real property In this subsection, an interest in real property includes— (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. (2) In general The Foundation may acquire, hold, and dispose of lands, waters, and other interests in real property by donation, gift, devise, purchase, or exchange. (3) Limits to property rights A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation. (4) Tax exemption (A) In general The Foundation, any income or property received or owned by the Foundation, and all transactions relating to such income or property shall be exempt from all Federal, State, and local taxation. (B) Exempt organizations Contributions, gifts, and other transfers made to or for the use of the Foundation shall be treated as contributions, gifts, or transfers to an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986. (d) Federal funds (1) In general The Foundation may— (A) hold Federal funds made available, but not immediately disbursed; and (B) use any interest or other investment income earned on such Federal funds to carry out the purposes of the Foundation under this Act. (2) Limitation Investments made pursuant to paragraph (1)(B) may only be made in— (A) interest-bearing obligations of the United States; or (B) obligations guaranteed as to both principal and interest by the United States. (e) Limitation of public liability The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation. 6. Safeguards and accountability (a) Safeguards The Foundation shall develop, and incorporate into any agreement for support provided by the Foundation, appropriate safeguards, policies, and guidelines, consistent with internationally recognized best practices and standards for environmental and social safeguards. (b) Independent accountability mechanism (1) In general The Foundation shall establish a transparent and independent accountability mechanism, which shall provide— (A) a compliance review function that assesses whether Foundation-supported projects adhere to the requirements described in subsection (a); (B) a dispute resolution function for resolving concerns between complainants and project implementers regarding the impacts of specific Foundation-supported projects with respect to such standards; and (C) an advisory function that reports to the Foundation on projects, policies, and practices. (2) Duties The accountability mechanism shall— (A) report annually to the Board and to the appropriate congressional committees regarding the Foundation’s compliance with internationally recognized best practices and standards in accordance with paragraph (1)(A); (B) (i) have permanent staff to conduct compliance reviews and dispute resolutions; or (ii) maintain a roster of experts to serve such roles, to the extent needed; and (C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism. 7. Projects and grants (a) Project funding requirements (1) In general The Foundation shall— (A) fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries; and (B) recognize the importance of a landscape or seascape approach to conservation that includes buffer zones, wildlife dispersal and corridor areas, and other effective area-based conservation measures. (2) Eligible projects Eligible projects shall include projects that— (A) focus on supporting— (i) long-term management of protected or conserved areas and their contiguous buffer zones in countries described in subsection (b), including terrestrial, coastal, and marine-protected or conserved areas, parks, community conservancies, indigenous reserves, conservation easements, and biological reserves; and (ii) other effective area-based conservation measures; (B) are cost-matched from sources other than the United States Government; (C) have host country and local population support, as evidenced by a long-term binding memorandum of understanding signed by the host government that respects free, prior, and informed consent of affected communities; (D) incorporate a set of key performance indicators; (E) demonstrate robust local community engagement, with the completion of appropriate environmental and social due diligence, including— (i) free, prior, and informed consent of Indigenous Peoples and consultation with relevant local communities; (ii) equitable governance structures; and (iii) effective grievance mechanisms; (F) create economic opportunities for local communities, through activities such as— (i) equity and profit-sharing; (ii) employment activities; and (iii) other economic growth activities; (G) provide stable baseline funding for the effective management of the protected or conserved area project; (H) are implementation-ready; and (I) where possible, demonstrate a plan to strengthen the capacity of, and transfer skills to, local institutions to manage the protected or conserved area before or after grant funding is exhausted. (b) Eligible countries (1) In general Before awarding any grants or entering into any project agreements for a given fiscal year, the Board shall conduct a review of countries in which the Foundation shall be eligible to fund projects to determine which countries— (A) are low-income, lower middle-income, or upper-middle-income economies (as defined by the International Bank for Reconstruction and Development and the International Development Association; (B) have— (i) a high degree of biological diversity; or (ii) species or ecosystems of significant importance; and (C) have demonstrated a commitment to conservation through actions, such as protecting lands and waters through the gazettement of national parks, community conservancies, marine reserves and protected areas, forest reserves, and other legally recognized forms of place-based conservation. (2) Identification of eligible countries Not later than 5 days after the date on which the Board determines which countries are eligible countries for a given fiscal year, the Executive Director shall— (A) submit a report to the appropriate congressional committees that includes— (i) a list of all such eligible countries; and (ii) a justification for such eligibility determinations; and (B) publish the information contained in the report described in paragraph (A) in the Federal Register. (c) Grantmaking (1) In general In order to maximize its program effects, the Foundation should— (A) seek to coordinate with other international public and private donors to the extent possible; (B) seek additional financial and nonfinancial contributions and commitments for its projects from host governments; and (C) strive to generate a partnership mentality among all participants, including public and private funders, host governments, local protected areas authorities, and private and nongovernmental organization partners. (2) Grant criteria Foundation grants— (A) shall fund the management of well-defined protected or conserved areas and the systems of such conservation areas in eligible countries; (B) should provide adequate baseline funding for at least 10 years, without replacing or duplicating existing baseline funding, for each protected and conserved area and the system that supports that area in an amount sufficient to maintain the effective management of the area over the long term; (C) should, during the grant period, demonstrate progress in achieving clearly identified key performance indicators (as defined in the grant agreement), which may include— (i) the protection of biological diversity; (ii) the protection of native flora and habitats, such as trees, forests, grasslands, mangroves, coral reefs, and sea grass; (iii) community-based economic growth indicators, such as improved land tenure, increases in beneficiaries participating in economic growth activities, and sufficient income from conservation activities being directed to communities in project areas; (iv) improved management of the protected or conserved area covered by the project, as documented through the submission of strategic plans or annual reports to the Foundation; and (v) the identification of additional revenue sources or sustainable financing mechanisms to meet the recurring costs of management of the protected or conserved areas; and (D) may be terminated if the Board determines that the project is not meeting applicable requirements under this Act or making progress in achieving the key performance indicators defined in the grant agreement. 8. Annual report Not later than 360 days after the date of the enactment of this Act, and annually thereafter while the Foundation continues to function, the Executive Director of the Foundation shall submit a report to the appropriate congressional committees that describes— (1) the goals of the Foundation; (2) the programs, projects, and activities supported by the Foundation; (3) private and governmental contributions to the Foundation; and (4) the standardized criteria utilized to determine the programs and activities supported by the Foundation, including baselines, targets, desired outcomes, measurable goals, and extent to which those goals are being achieved for each project. 9. Authorization of appropriations (a) Administrative expenses There are authorized to be appropriated, for each of the fiscal years 2023 through 2032, such sums as may be necessary for the administrative expenses of the Foundation. (b) Program funds (1) Authorization There are authorized to be appropriated $100,000,000 for each of the fiscal years 2023 through 2032 to carry out section 7. (2) Cost matching requirement Amounts appropriated pursuant to paragraph (1) may only be made available to grantees to the extent such grantees secure funding for an eligible project from sources other than the United States Government in an amount that is not less than the amount received in grants for such project pursuant to section 7. | https://www.govinfo.gov/content/pkg/BILLS-117s5134is/xml/BILLS-117s5134is.xml |
117-s-5135 | II 117th CONGRESS 2d Session S. 5135 IN THE SENATE OF THE UNITED STATES November 28, 2022 Mr. Boozman (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to prohibit the Securities and Exchange Commission from requiring an issuer to disclose information relating to certain greenhouse gas emissions, and for other purposes.
1. Short title This Act may be cited as the Protect Farmers from the SEC Act . 2. Prohibition on requiring an issuer to disclose information relating to certain greenhouse gas emissions Section 23 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78w ) is amended by adding at the end the following: (e) Prohibition on requiring an issuer To disclose information relating to certain greenhouse gas emissions (1) Definitions In this subsection: (A) Agricultural product The term agricultural product has the meaning given the term in section 207 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1626 ). (B) Downstream activities The term downstream activities includes activities that relate to processing materials into a finished product and delivering that product or providing a service to the end user. (C) Greenhouse gas The term greenhouse gas means— (i) carbon dioxide; (ii) methane; (iii) nitrous oxide; (iv) nitrogen trifluoride; (v) hydrofluorocarbons; (vi) perfluorocarbons; or (vii) sulfur hexafluoride. (D) Upstream activities The term upstream activities includes activities that relate to the initial stages of producing a good or service. (2) Prohibition The Commission may not require an issuer to disclose greenhouse gas emissions from upstream activities or downstream activities in the value chain of the issuer from the production, manufacturing, or harvesting of an agricultural product. (3) Nonapplicability of exemptive authority Section 36 shall not apply to this subsection. . | https://www.govinfo.gov/content/pkg/BILLS-117s5135is/xml/BILLS-117s5135is.xml |
117-s-5136 | II 117th CONGRESS 2d Session S. 5136 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To protect employees from discrimination based on family caregiver responsibilities, and for other purposes.
1. Short title This Act may be cited as the Protecting Family Caregivers from Discrimination Act of 2022 . 2. Definitions In this Act: (1) Adverse action The term adverse action means— (A) to threaten, penalize, fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against any individual with respect to the individual's compensation, advancement, terms, conditions, scheduling or work hours, or privileges of employment; (B) to limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect an individual's status as an employee; (C) to make a communication regarding immigration status, as described in section 4(a)(3); or (D) any other act or practice that is considered an adverse action under title VII of the 1964 Civil Rights Act ( 42 U.S.C. 2000e et seq. ). (2) Commerce The term commerce has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (3) Commission The term Commission means the Equal Employment Opportunity Commission. (4) Employee The term employee means— (A) an employee, as defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ), who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce; or (B) an individual who is engaged by— (i) an employer; or (ii) an individual or entity that is not acting as an employer and engages the services of a worker to perform services or work as an independent contractor (regardless of the label or classification assigned or used by the employer or an individual or entity that is not acting as an employer and engages the services of a worker). (5) Employer; enterprise engaged in commerce or in the production of goods for commerce The terms employer and enterprise engaged in commerce or in the production of goods for commerce have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (6) Family caregiver responsibilities The term family caregiver responsibilities , with respect to an employee having such responsibilities, means the responsibilities of the employee as being responsible, or being regarded as being responsible, as a contributor to the support or care of one or more family members of the individual, regardless of the age of the family member. (7) Family member (A) In general The term family member means, with respect to an individual— (i) a spouse (including a domestic partner in a civil union or other registered domestic partnership recognized by a State) and a spouse’s parent; (ii) a child and a child’s spouse; (iii) a parent and a parent’s spouse; (iv) a sibling and a sibling’s spouse; (v) a grandparent, a grandchild, or a spouse of a grandparent or grandchild; and (vi) any other individual who is related by blood or affinity and whose association with the individual involved is equivalent of a family relationship. (B) Relationship A relationship described in clauses (i) through (vi) of subparagraph (A) may be acquired through adoption, marriage, or a dependent or custodial relationship. 3. Prohibition on discrimination It shall be unlawful for an employer or an individual or entity described in section 2(4)(B)(ii) to— (1) fail or refuse to hire an applicant as an employee of such employer, or such individual or entity, because of the family caregiver responsibilities of the applicant; or (2) take adverse action against an employee of such employer or such individual or entity, or otherwise discriminate against such an employee, including by harassing the employee, with respect to the compensation, advancement, terms, conditions, scheduling or work hours, or privileges, of employment or engagement of the employee because of the family caregiver responsibilities of the employee. 4. Prohibition on retaliation (a) Interference with rights (1) Exercise of rights It shall be unlawful for any employer or an individual or entity described in section 2(4)(B)(ii) to retaliate against, interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this section. (2) Adverse action It shall be unlawful for any employer or an individual or entity described in section 2(4)(B)(ii) to take any adverse action against any employee or applicant because the employee or applicant has exercised in good faith the rights protected under this section. (3) Immigration status It shall be unlawful for any employer or an individual or entity described in section 2(4)(B)(ii) to communicate to an employee or applicant exercising rights protected under this section, directly or indirectly, the willingness to inform a government employee that the employee or applicant is not lawfully in the United States, or to report, or to make an implied or express assertion of a willingness to report, suspected citizenship or immigration status of an employee or applicant or family member of the employee or applicant to a Federal, State, or local agency because the employee has exercised a right under this section. (b) Rights of employees The rights of an employee or applicant shall include the right to— (1) inform the employee's employer, union, or similar organization, or the applicant or employee's legal counsel or any other person about an alleged violation of this Act; (2) file any charge, or institute or cause to be instituted any proceeding, under or related to this Act, or otherwise take action in accordance with section 6 relating to the enforcement of this Act; (3) cooperate in investigations under or relating to this Act, including by giving or preparing to give information in connection with any inquiry or proceeding under or related to this Act; (4) testify in any inquiry or proceeding under or related to this Act; and (5) refuse to participate in, or otherwise oppose, any policy, practice, or act that is unlawful under this Act. (c) Presumption of retaliation There shall be a rebuttable presumption that retaliation has occurred in violation of this section if an employer or an individual or entity described in section 2(4)(B)(ii) takes an adverse action against an employee or applicant during the period that is 2 years after the date on which that employee or applicant exercised rights protected under this section. In the case of seasonal work, the presumption also applies if the employer or individual or entity described in section 2(4)(B)(ii) fails to rehire a former employee at the next opportunity for work in the same position. The employer or individual or entity described in section 2(4)(B)(ii) may rebut the presumption with clear and convincing evidence that the adverse action was taken for a permissible purpose. (d) Protections for good faith allegations The protections afforded under this section shall apply to any individual who mistakenly but in good faith alleges a violation of this section or section 3. (e) Explicit reference not required A complaint or other communication by an employee or any applicant may be an action described in subsection (b) that gives rise to the protections described in this section regardless of whether the complaint or communication is in writing or makes explicit reference to this Act. 5. Posting of notices (a) In general Each employer shall, not later than 180 days after the date of enactment of this Act, post, and keep posted, in a conspicuous place upon the premises of the employer a notice, to be prepared or approved by the Commission, setting forth information as the Commission determines appropriate to effectuate the purposes of this Act, including the pertinent provisions of this Act and information pertinent to the filing of a charge with the Commission. (b) Penalty A willful violation of this section shall be punishable by a fine of not more than $100 for each day on which the violation continues. 6. Enforcement (a) In general Subject to subsection (c), sections 3 and 4 of this Act shall be enforced by the Commission in the same manner and by the same means, including with the same jurisdiction, as the enforcement of a violation of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ). Violations of this Act may be established through proof of disparate treatment, harassment, or disparate impact. (b) Action by the commission Except as otherwise specified in this Act, the Commission shall receive, investigate, attempt to resolve, and otherwise enforce a charge of a violation of section 3 or 4 of this Act in the same manner that the Commission receives, investigates, attempts to resolve, and enforces a charge of a violation of title VII of the Civil Rights Act of 1964. (c) Private right of action Notwithstanding subsection (a) and section 706 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5 ), a private right of action shall also be available to an applicant or individual who alleges a violation of section 3 or 4 of this Act. Such applicant or individual shall not be required to file a charge with the Commission or pursue or exhaust any administrative remedies before instituting a civil action. (d) Penalties (1) In General In addition to sums that may otherwise be collected by an aggrieved individual or collected by the Commission and paid to an aggrieved individual, any person who willfully violates section 3 or 4 shall upon conviction thereof be subject to a penalty of an amount not to exceed— (A) $10,000 for each violation of section 3; and (B) $5,000 for each violation of section 4. (2) Transfer of funds Any penalties collected by the Commission under this subsection shall be transferred to the Family Caregiver Antidiscrimination Fund. (e) Family Caregiver Antidiscrimination Fund (1) In General There is established in the Treasury of the United States a revolving fund, to be known as the “Family Caregiver Antidiscrimination Fund” (referred to in this Act as the “Fund”), consisting of the amount of penalties transferred to the Fund under subsection (d)(2). (2) Use of funds Amounts in the Fund shall be available for the purpose of awarding grants under section 7. 7. Grants (a) In general (1) Grant program established The Commission, shall award grants, on a competitive basis, to eligible entities to enable those eligible entities to assist in preventing and combating discrimination against applicants and employees who have family caregiver responsibilities. (2) Duration A grant awarded under this section shall be for a period of 3 years. (b) Eligible entity In this section, the term eligible entity means— (1) a nonprofit organization with expertise in family caregiver discrimination; (2) an institution of higher education or research center that employs faculty with relevant expertise or that has expertise in family caregiver discrimination; or (3) a consortium of entities described in paragraphs (1) and (2) that submit a single application to carry out activities under the grant jointly. (c) Application An eligible entity desiring a grant under this section shall submit an application to the Commission at such time, in such manner, and containing such information as the Commission may require. (d) Use of funds An eligible entity receiving a grant under this section shall use grant funds to carry out one or more of the following activities: (1) Educate employees about the prohibited actions under section 3, caregiver rights, and the rights provided under this Act. (2) Conduct educational training for employers regarding caregiver discrimination. (3) Provide support to applicants and employees who are facing or who have faced discrimination based on family caregiver responsibilities. (4) Produce and disseminate outreach and training materials relating to the prohibited actions under section 3, caregiver rights, and the rights provided under this Act. (5) Recruit and hire staff and volunteers to carry out the activities described in this subsection. (6) Any other activities that the Commission determines are reasonable. (e) Report Not later than 12 months after the completion of the programs and activities funded under grants awarded under this section, the Commission shall submit to Congress, and all appropriate agencies, a report concerning an evaluation of the results of such programs and activities, including best practices, and lessons derived from the experiences of grantees. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 8. Rule of construction Nothing in this Act shall be construed to supersede any other provision of Federal, State, or local law that provides greater protection against employment discrimination or greater remedies to employees than the protection or remedies provided to employees under this Act, including any such provision in the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ), or section 6(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d) ). | https://www.govinfo.gov/content/pkg/BILLS-117s5136is/xml/BILLS-117s5136is.xml |
117-s-5137 | II 117th CONGRESS 2d Session S. 5137 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mr. Thune (for himself, Mr. Luján , Ms. Klobuchar , and Mrs. Fischer ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Rural Electrification Act of 1936 to reauthorize and improve the ReConnect loan and grant program, and for other purposes.
1. Short title This Act may be cited as the Rural Internet Improvement Act of 2022 . 2. Streamlining broadband authorities (a) In general Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb ) is amended— (1) by striking the section heading and inserting ReConnect Program ; (2) in subsection (b)— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following: (3) ReConnect Program The term ReConnect Program means the program established under this section. ; (3) in subsection (c)— (A) in paragraph (2)(A)— (i) in clause (i)— (I) in subclause (I), by striking 10-Mbps and inserting 25-Mbps ; and (II) in subclause (II), by striking 1-Mbps and inserting 3-Mbps ; and (ii) by striking clause (iv) and inserting the following: (iv) give priority to applications from applicants that have demonstrated the technical and financial experience required to construct and operate broadband networks. ; and (B) by adding at the end the following: (5) Applications The Secretary shall establish an application process for grants, loans, and loan guarantees under this section that— (A) reduces the amount of data required to apply by limiting the required data to only— (i) the entity applying, excluding any parent or affiliate entity that is not a party to the application, to the greatest extent practicable; and (ii) the geographic area affected by the application, if a parent or affiliate is not a party to the application; (B) simplifies the data interfaces for submission to the greatest extent practicable; and (C) allows all applicants, regardless of whether an applicant is publicly traded, to rely on a bond rating of at least investment grade (when bond ratings are available) in place of financial documentation. ; (4) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (B), by striking subsection (j) and inserting subsection (l) ; and (ii) by adding at the end the following: (C) Grant requirements The Secretary— (i) shall not restrict the eligibility of an entity for a grant under this section based on the legal structure of the entity; (ii) shall allow entities to apply for a grant under this section without regard to, or preference for, the legal structure of an entity; (iii) in determining the financial ability of an entity to carry out a project using a grant under this section, shall allow the entity to demonstrate that financial ability by methods that— (I) the Secretary determines to be the least burdensome; and (II) subject to clause (v), are not limited to providing the Federal Government an exclusive first lien on all grant-funded assets during the service obligation of the grant; (iv) subject to clause (v), in determining the required collateral to secure grant funds or to secure performance during the service obligation of a grant, shall allow an awardee to offer alternative security, such as a letter of credit, in lieu of providing the Federal Government an exclusive first lien on all grant-funded assets; and (v) if the Secretary reasonably determines that alternative methods or alternative security established under clause (iii)(II) or (iv) are insufficient to secure performance with respect to a project under this section— (I) may require an entity to provide the Federal Government an exclusive first lien all grant-funded assets during the service obligation of the grant; and (II) shall release that lien after the Secretary determines that the entity is performing to the satisfaction of the Secretary. ; and (B) in paragraph (2)— (i) in subparagraph (A)(i), by striking 50 and inserting 90 ; and (ii) by adding at the end the following: (D) Obligations to provide broadband service in the same service territory (i) Definition of broadband infrastructure In this subparagraph, the term broadband infrastructure means any cables, fiber optics, wiring, or other permanent infrastructure that is integral to the structure, including fixed wireless infrastructure, that— (I) is capable of providing access to internet connections in individual locations; and (II) offers an advanced telecommunications capability (as defined in section 706(d) of the Telecommunications Act of 1996 ( 47 U.S.C. 1302(d) )). (ii) Other providers The Secretary shall consider a proposed service territory with respect to which an eligible entity submits an application to carry out a project under this section to be served by broadband service if a broadband service provider other than that eligible entity is subject to an obligation by a Federal, State, or local government entity to build broadband infrastructure and offer broadband service in that service territory, subject to conditions— (I) under a Federal, State, or local funding award program; or (II) otherwise required by the Federal, State, or local government entity. (iii) Other funding Subject to clause (iv), the Secretary shall not be required to consider a proposed service territory with respect to which an eligible entity submits an application to carry out a project under this section to be served by broadband service if that eligible entity has accepted an obligation under a Federal, State, or local funding award program to build broadband infrastructure and offer broadband service in that service territory, if the proposed project under this section— (I) would not be duplicative of the obligation under the other award program; and (II) would build broadband infrastructure that results in faster speeds or expedited milestones of deployment of broadband infrastructure in that service territory, as compared to the obligation under the other award program. (iv) Other obligations for lower transmission capacity The Secretary shall consider a proposed service territory with respect to which an eligible entity submits an application to carry out a project under this section to be unserved by broadband service if an obligation under another award program described in clause (iii) would not provide broadband service of at least— (I) a 25-Mbps downstream transmission capacity; and (II) a 3-Mbps upstream transmission capacity. (E) Requirements for funding (i) Affiliate owned and operated networks A grant, loan, or loan guarantee under this section may be used to construct networks that will be owned and operated by an affiliate of the eligible entity receiving the grant, loan, or loan guarantee, subject to the condition that the eligible entity, the affiliate, or both, as the Secretary determines to be necessary, shall provide adequate security for the grant, loan, or loan guarantee. (ii) Negative covenants and conditions To the greatest extent practicable, a project carried out using a grant, loan, or loan guarantee under this section shall not add any new negative covenants or conditions to the grant, loan, or loan guarantee agreement that were not previously disclosed to the eligible entity at the time of application for the grant, loan, or loan guarantee. (iii) Ownership of systems (I) In general A network constructed with a grant, loan, or loan guarantee under this section may be transferred to an unaffiliated provider that agrees— (aa) to assume the service obligation; and (bb) to provide appropriate and sufficient security for that network. (II) Determination The Secretary shall not unreasonably withhold consent to enter into an appropriate agreement described in subclause (I) with the transferee based on an evaluation by the Secretary of the ability of the transferee to assume the agreement and provide security described in item (bb) of that subclause. (iv) Reporting and auditing The Secretary shall— (I) simplify, to the maximum extent practicable, ongoing reporting and auditing requirements for recipients of a grant, loan, or loan guarantee under this section; and (II) allow a recipient described in subclause (I) whose financial information is consolidated with the financial information of a parent entity to rely on that consolidated financial information in complying with the requirements described in that subclause if the parent entity is providing a guarantee on behalf of a subsidiary of the parent entity with respect to the grant, loan, or loan guarantee. (v) Procurement and contracting The Secretary— (I) shall simplify, to the maximum extent practicable, requirements for recipients of a grant, loan, or loan guarantee under this section relating to the procurement of materials and retention of contractors; and (II) shall not unreasonably restrict the ability of a recipient described in subclause (I) to obtain goods and services from affiliated entities. ; (5) in subsection (e)(1)— (A) in subparagraph (A), by striking 25-Mbps and inserting 100-Mbps ; and (B) in subparagraph (B), by striking 3-Mbps and inserting 20-Mbps ; (6) by redesignating subsections (j) and (k) as subsections (l) and (m), respectively; (7) by inserting after subsection (i) the following: (j) Regulations The Secretary shall issue regulations to carry out this section in accordance with section 553 of title 5, United States Code. (k) Annual reports Not later than 120 days after the date of enactment of the Rural Internet Improvement Act of 2022 , and not less frequently than annually thereafter, the Secretary shall— (1) publish a report describing— (A) the distribution of amounts made available under the ReConnect Program for the preceding year; (B) the number of locations at which broadband service was made available using amounts under the ReConnect Program for the preceding year; (C) the number of locations described in subparagraph (B) at which broadband service was used; and (D) the highest level of broadband service made available at each location described in subparagraph (B); and (2) submit the report described in paragraph (1) to— (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 Energy and Commerce of the House of Representatives. ; and (8) in subsection (l) (as so redesignated), in paragraph (1), by striking $350,000,000 for each of fiscal years 2019 through 2023 and inserting such sums as are necessary for each fiscal year . (b) Sunset Beginning on the date that is 120 days after the date of enactment of this Act, section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 399), shall have no force or effect. (c) Transfer of amounts The unobligated balance, as of the date that is 120 days after the date of enactment of this Act, of any amounts made available to carry out the pilot program described in section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 399)— (1) is transferred to, and merged with, amounts made available to carry out section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb ); and (2) shall remain available, until expended, and without further appropriation, to carry out the ReConnect Program established under that section. (d) Effect Title VI of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb et seq. ) is amended by adding at the end the following: 607. Effect Nothing in this title authorizes the Secretary to regulate rates charged for broadband service. . (e) Public notice, assessments, and reporting requirements Section 701 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950cc ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by inserting , including a complete shapefile map after applicant ; and (B) in paragraph (2)(D), by striking (c) and inserting (d) ; (2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (3) by inserting after subsection (a) the following: (b) Challenge process (1) In general The Secretary shall establish a transparent, evidence based, and expeditious process for challenging, with respect to any area for which assistance is sought under an application described in subsection (a)(1), whether that area has access to broadband service. (2) Notice The Secretary shall make publicly available on the website of the Department of Agriculture a written notice describing— (A) the decision of the Secretary on each challenge submitted under paragraph (1); and (B) the reasons for each decision described in subparagraph (A). ; and (4) by adding at the end the following: (g) Public notice of eligible funding areas Prior to making available to the public the database under subsection (a), the Secretary shall make available to the public a fully searchable database on the website of the Rural Utilities Service that contains information on areas eligible for assistance under retail broadband projects that are administered by the Secretary in accordance with the maps created by the Federal Communications Commission under section 802(c)(1) of the Communications Act of 1934 ( 47 U.S.C. 642(c)(1) ). . (f) Federal broadband program coordination Section 6212 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 950bb–6 ) is amended— (1) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (e), and (a), respectively, and moving the subsections so as to appear in alphabetical order; (2) in subsection (a) (as so redesignated), in paragraph (3), by striking section 601(b)(3) of the Rural Electrification Act of 1936 and inserting section 601(b) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(b) ) ; (3) in subsection (c) (as so redesignated), in paragraph (1)— (A) by striking The Secretary and inserting the following: (A) In general The Secretary ; and (B) by adding at the end the following: (B) ReConnect Program On awarding a grant, loan, or loan guarantee under the ReConnect Program established under section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb ), the Secretary shall notify the Commission of that award. ; and (4) by inserting after subsection (c) (as so redesignated) the following: (d) Memorandum of understanding relating to outreach The Secretary shall enter into a memorandum of understanding with the Assistant Secretary and the Commission to facilitate outreach to residents and businesses in rural areas, including— (1) to evaluate the broadband service needs in rural areas; (2) to inform residents and businesses in rural areas of available Federal programs that promote broadband access, broadband affordability, and broadband inclusion; and (3) for such additional goals as the Secretary, the Assistant Secretary, and the Commission determine to be appropriate. . | https://www.govinfo.gov/content/pkg/BILLS-117s5137is/xml/BILLS-117s5137is.xml |
117-s-5138 | II 117th CONGRESS 2d Session S. 5138 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To establish the Office of High-Risk AFO Disaster Mitigation and Enforcement in the Department of Agriculture, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Industrial Agriculture Accountability Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Sec. 3. Findings. TITLE I—High-risk AFO disaster mitigation and enforcement Sec. 101. Definitions. Subtitle A—Department of Agriculture Sec. 111. Office of High-Risk AFO Disaster Mitigation and Enforcement. Sec. 112. Registration of high-risk AFOs. Sec. 113. Covered industrial operator responsibilities and liabilities. Sec. 114. Restriction on certain methods of depopulation. Sec. 115. Reports. Sec. 116. Civil actions. Subtitle B—Department of Labor Sec. 121. Definitions. Sec. 122. Minimum labor standards for covered workers and affected contract growers. Sec. 123. Prohibition on the use of incarcerated workers. TITLE II—Grant and pilot programs Sec. 201. Definitions. Sec. 202. Controlled-atmosphere stunning transition program. Sec. 203. Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities. TITLE III—Humane handling reforms Subtitle A—Transport Sec. 311. Transportation of livestock and poultry. Sec. 312. Higher-welfare transport research funding. Subtitle B—Nonambulatory livestock Sec. 321. Unlawful slaughter practices involving nonambulatory livestock. Sec. 322. Unlawful use of drugs contributing to nonambulatory conditions. Sec. 323. Inclusion of poultry in Humane Methods of Slaughter Act. Subtitle C—Inspections Sec. 331. Definitions. Sec. 332. Ending dangerous higher-speed slaughter and self-inspection systems. Sec. 333. Funding for additional OSHA inspectors. Sec. 334. Funding for additional FSIS inspectors. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Agriculture. 3. Findings Congress finds that— (1) factory farms owned or controlled by industrial operators— (A) lack systemic resilience; (B) present significant risks, particularly in the event of a disaster; and (C) negatively impact— (i) farmed animals, who suffer tremendously from cruel depopulation methods and without meaningful disaster mitigation efforts; (ii) meat and poultry processing workers, who are subjected to exploitative conditions and abusive behavior by employers in depopulation situations— (I) including— (aa) being required to spend long hours, over days or weeks, mass-killing farmed animals; and (bb) being terminated following the completion of a depopulation event, without financial support; and (II) that lead to long-term psychological impacts, including increased feelings of anger and stress; and (iii) neighboring communities and the environment, including through— (I) flood waters overrunning manure lagoons resulting in ecological degradation in the form of soil, surface, and groundwater contamination; (II) algae blooms; and (III) wildlife population crashes; (2) (A) since 2019, more than 60,000,000 poultry and 10,000,000 swine have been depopulated; and (B) those massive cullings are often conducted using incredibly inhumane practices including ventilation shutdown, ventilation shutdown plus, sodium nitrite poisoning, and water-based foaming (as those terms are defined in section 114(a)); (3) since 2019, industrial operators put slaughterhouse workers in jeopardy and cost taxpayers millions of dollars; (4) industrial operators continue to experience record profits, including a 300-percent growth in profits during the COVID–19 pandemic; (5) industrial operators have created a system that allows for the inhumane handling of nonambulatory livestock (as defined in section 3(a) of Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 )) that causes needless suffering, unsafe working conditions, and the spread of foodborne and zoonotic diseases; (6) industrial operators have abused the use of certain drugs that increase the risk of livestock becoming nonambulatory livestock (as so defined); (7) slaughterhouse deregulation and decreased Federal oversight of meat and poultry slaughter pose significant risks to workers, consumers, and animals; (8) Federal humane slaughter laws currently exempt 98 percent of animals slaughtered for food; (9) current Federal animal transport laws are ineffective and inherently cruel; and (10) Federal support is needed to create a level playing field for farmers engaged in higher-welfare practices who are struggling to compete in a highly monopolized market controlled by industrial operators. I High-risk AFO disaster mitigation and enforcement 101. Definitions In this title: (1) Animal feeding operation; AFO (A) In general The term animal feeding operation or AFO means a single lot or facility at which— (i) for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are— (I) stabled or confined; and (II) fed or maintained; and (ii) crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. (B) Multiple lots For purposes of subparagraph (A), 2 or more lots or facilities described in that subparagraph shall be considered to be a single animal feeding operation if the lots or facilities— (i) are located within 3 miles of each other; and (ii) are under common ownership or control. (C) Exclusion The term animal feeding operation or AFO does not include a pasture-based livestock or poultry production system in which animals— (i) are primarily raised on pasture, grassland, or other vegetative environments; (ii) have the ability to exercise species-specific natural behaviors; and (iii) have access to appropriate shelter, healthy vegetation, potable water, and adequate protection from predators. (2) Covered industrial operator The term covered industrial operator means an individual or entity that owns or controls not less than the following number of livestock or poultry, as applicable, that are housed in an AFO at a single point in time: (A) 2,500 swine. (B) 30,000 turkeys or ducks. (C) 82,000 laying hens or broilers. (3) Depopulation The term depopulation means the rapid destruction of a population of animals in response to urgent circumstances. (4) Disaster event The term disaster event means— (A) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); (B) 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 ); (C) a disaster designated by the Secretary pursuant to part 759 of title 7, Code of Federal Regulations (or successor regulations); and (D) a quarantine designated by the Secretary pursuant to the Plant Protection Act ( 7 U.S.C. 7701 et seq. ) or animal quarantine laws. (5) High-risk AFO The term high-risk AFO means an AFO that houses livestock or poultry owned or controlled by a covered industrial operator. (6) Office The term Office means the Office of High-Risk AFO Disaster Mitigation and Enforcement established under section 111. A Department of Agriculture 111. Office of High-Risk AFO Disaster Mitigation and Enforcement The Secretary shall establish an office within the Department of Agriculture, to be known as the Office of High-Risk AFO Disaster Mitigation and Enforcement , which shall carry out or enforce, as applicable, sections 112 through 115. 112. Registration of high-risk AFOs (a) Registration requirement (1) In general A covered industrial operator shall be required to register with the Office prior to selling, buying, or transferring livestock, poultry, or any product derived from livestock or poultry across State lines. (2) Information In registering with the Office under paragraph (1), a covered industrial operator shall submit to the Office— (A) identifying information about the covered industrial operator, including the location, animal type, and peak inventory animal totals for all high-risk AFOs owned or controlled by the covered industrial operator; and (B) a standard disaster mitigation plan that includes— (i) a description of the type, location, and extent of all potential disaster events that can affect livestock or poultry housed in a high-risk AFO, including information on previous occurrences of disaster events and the probability of future disaster events; (ii) a plan to ensure that animals do not go without necessary resources such as shelter, food, and water during an extreme weather event; (iii) a plan to increase flexibility and resiliency, including— (I) identifying ways to house animals past their intended slaughter date; and (II) alternative slaughter and processing arrangements, including contracting with small-scale Department of Agriculture, State-certified, or mobile operations with existing capacity, in the event of supply chain disruptions; (iv) a plan for accessing necessary resources, personal protective equipment, and labor to carry out depopulation in ways that most rapidly render animals unconscious in the event that depopulation is unavoidable; (v) a plan for disposal of any deceased animals that— (I) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (II) does not rely on unlined burial or onsite incineration; and (vi) other information, as determined appropriate by the Secretary. (3) Annual submission A covered industrial operator that is registered with the Office pursuant to this subsection shall submit to the Office the information described in paragraph (2) on an annual basis. (4) Restricted funds for plan A covered industrial operator shall not, in developing a standard disaster mitigation plan described in paragraph (2)(B), use any Federal funds, including funds provided under the environmental quality incentive program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq. ). (b) Disaster mitigation maintenance fee (1) In general A covered industrial operator registered under subsection (a) shall pay to the Office an annual fee by January 15 of each year for each high-risk AFO owned or controlled by the covered industrial operator. (2) Total amount of fees The amount of the fee required under paragraph (1)— (A) shall be determined by the Secretary in a manner that will ensure that the total amount of fees collected for each fiscal year shall sufficiently fund the activities of the Office for that fiscal year; but (B) shall not be less than $1 per animal unit (as defined by the Administrator of the Environmental Protection Agency) for each fiscal year. (3) Restriction A covered industrial operator may not reduce wages or grower payments in order to derive the amount of the fee required under paragraph (1). (c) High-Risk AFO Disaster Mitigation and Enforcement Fund (1) Establishment There is established in the Treasury of the United States a fund, to be known as the High-Risk AFO Disaster Mitigation and Enforcement Fund (referred to in this subsection as the Fund ). (2) Source; use All moneys derived from fees collected by the Office under subsection (b) shall be deposited in the Fund and made available to the Secretary, without fiscal year limitation, to offset costs relating to— (A) the administrative costs associated with operating the Office and technical assistance offered by staff of the Office; (B) creating the national stockpile pursuant to section 114(c)(2); (C) enforcement actions against covered industrial operators that do not comply with this subtitle; and (D) any other activities determined by the Secretary. 113. Covered industrial operator responsibilities and liabilities A covered industrial operator shall be responsible and liable for, with respect to each high-risk AFO owned or controlled by the covered industrial operator, all costs associated with activities related to disaster events or depopulation of livestock or poultry, including— (1) procuring resources for depopulation of livestock or poultry, including from the national stockpile described in section 114(c)(2); (2) disposal of deceased animals that— (A) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (B) does not rely on unlined burial or onsite incineration; (3) compensation for contract growers and workers, as provided in subtitle B; (4) compensation for any adverse health impacts, property value diminution, and loss of use and enjoyment of property suffered by neighboring residents of the high-risk AFO; and (5) other costs determined by the Secretary. 114. Restriction on certain methods of depopulation (a) Definitions In this section: (1) Restricted practice The term restricted practice means— (A) sodium nitrite poisoning; (B) ventilation shutdown; (C) ventilation shutdown plus; (D) water-based foaming; and (E) any other method identified by the Secretary. (2) Sodium nitrite poisoning The term sodium nitrite poisoning means a method of animal depopulation that involves feeding the toxic substance sodium nitrite to animals, causing changes to the blood that prevent delivery of oxygen to tissues and result in prolonged respiratory distress prior to loss of consciousness. (3) Ventilation shutdown The term ventilation shutdown means a method of animal depopulation that involves sealing a building in which animals are confined, shutting inlets, and turning off fans in order to raise the temperature in the building until the animals die from hyperthermia or hypoxia, including ventilation shutdown plus. (4) Ventilation shutdown plus The term ventilation shutdown plus means a ventilation shutdown method that involves the use of additional heat or humidity. (5) Water-based foaming The term water-based foaming means a method of animal depopulation that involves pumping foam concentrate combined with water into a building in which animals are confined until the animals die from hypoxia. (b) Restrictions; civil penalty Notwithstanding any other provision of law, beginning 1 year after the date of enactment of this Act, a covered industrial operator that uses 1 or more restricted practices for any event of depopulation of livestock or poultry on a high-risk AFO owned or controlled by the covered industrial operator, as determined by the Office— (1) shall not be eligible for any Federal contract for a period of 10 years beginning on that date; (2) shall not be eligible for inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) or the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), as applicable, for a period of 10 years beginning on that date; and (3) shall be assessed a civil penalty of up to $1,000 per animal per act of depopulation, with consideration given to the appropriateness of the penalty with respect to the gravity of the violation and the good faith of the covered industrial operator. (c) Standards and resources Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule— (1) to establish depopulation standards that rapidly induce unconsciousness and death with minimal pain and distress; and (2) to coordinate a national stockpile of resources— (A) to carry out depopulation activities during a disaster event in a way that rapidly induces unconsciousness and death of the animals with minimal pain and distress; and (B) using funds from the High-Risk AFO Disaster Mitigation and Enforcement Fund established by section 112(c)(1). 115. Reports (a) Reports to Secretary Not later than 3 business days after completing any depopulation of any animals, a covered industrial operator performing or requiring such depopulation shall submit to the Secretary a report on that depopulation instance that specifies— (1) the 1 or more dates on which, and location at which, the depopulation and disposal of the animals occurred; (2) the total number, species, breed, and intended product of the depopulated animals; (3) the depopulation and disposal methods utilized; (4) any monitoring, testing, or sampling protocol put in place to monitor releases of environmental contaminants from the disposal location; (5) a summary of any assets utilized or received from the national stockpile established pursuant to section 114(c)(2), as applicable; (6) documentation of compliance or noncompliance with the standard disaster mitigation plan described in section 112(a)(2)(B) of the covered industrial operator; and (7) the cost associated with the depopulation and disposal, including labor. (b) Publicly searchable database The Secretary, acting through the Office, shall develop and make publicly available an electronically searchable and sortable online database that contains information— (1) reported under subsection (a); and (2) submitted by covered industrial operators registering under section 112. 116. Civil actions (a) In general Any person may— (1) bring a civil action against a covered industrial operator or the Secretary in an appropriate court to redress any violation of this subtitle or any other law relating to the activities described in this subtitle; and (2) obtain appropriate relief in that civil action, including equitable relief and compensatory damages. (b) Attorney's fees for plaintiff The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action described in subsection (a). B Department of Labor 121. Definitions In this subtitle: (1) Affected contract grower The term affected contract grower means an owner of an AFO— (A) that raises livestock or poultry pursuant to a written contract, marketing arrangement, or other arrangement, with a covered industrial operator; and (B) whose AFO is impacted by a disaster mitigation event. (2) Affected contractor The term affected contractor means an individual or entity that supplies, either with or without a contract, a covered industrial operator with a worker to perform labor directly or indirectly related to a disaster mitigation event. (3) Covered worker (A) In general The term covered worker — (i) means an employee who performs labor in connection with a disaster mitigation event for a covered industrial operator; and (ii) includes any employee of an affected contract grower, or of another affected contractor, of a covered industrial operator. (B) Additional terms In this paragraph, the term employee means an individual performing any labor for a covered industrial operator, including through an affected contract grower or other affected contractor, unless— (i) the individual is free from control and direction in connection with the performance of the labor, both under the contract for the performance of labor and in fact; (ii) the labor is performed outside the usual course of the business of the covered industrial operator; and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the labor performed. (4) Disaster mitigation event The term disaster mitigation event means a disaster event affecting a covered industrial operator that triggers activities described in the disaster mitigation plan submitted by the covered industrial operator under section 112(a)(2)(B). 122. Minimum labor standards for covered workers and affected contract growers (a) Applicability A covered industrial operator that employs or contracts with covered workers, affected contract growers, or other affected contractors related to a disaster mitigation event shall comply with the labor standards described in subsection (b). (b) Labor standards The labor standards described in this subsection are the following: (1) Whistleblower protections A covered industrial operator shall not discharge, cause to be discharged, or in any other manner discriminate against any covered worker or affected contract grower because such covered worker or affected contract grower— (A) has filed any complaint or instituted or caused to be instituted any proceeding under or related to this section; or (B) has testified or is about to testify in any such proceeding. (2) Health insurance requirement During a disaster mitigation event and for a period of not less than 2 years following the disaster mitigation event, the covered industrial operator shall offer each covered worker and affected contract grower of the covered industrial operator a health plan that provides coverage that is at least equivalent to coverage provided by an essential health benefits package (as defined in subsection (a) of section 1302 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022 )) at the silver level of coverage (as defined in subsection (d)(1)(B) of such section), regardless of their employment status or contract with the covered industrial operator. Such covered industrial operator shall pay the full premium amount for such health plan for each such covered worker or affected contract grower who elects to enroll in such plan. (3) Severance pay for covered workers In the case of a disaster mitigation event, the covered industrial operator shall provide any covered worker terminated by the covered industrial operator, or by an affected contract grower or other affected contractor of the covered industrial operator impacted by the disaster mitigation event, during the 60-day period following the disaster mitigation event with 12 weeks of severance pay, at a weekly rate equal to the average weekly earnings of the covered worker during the disaster mitigation event. (4) Lost revenue for affected contract growers In any case in which a covered industrial operator terminates the contract of an affected contract grower following a disaster mitigation event, the covered industrial operator shall provide an amount of lost revenue to the affected contract grower equal to the affected contract grower’s revenue from the covered operator during the preceding 180 days. (c) Enforcement by the Secretary of Labor (1) General authority The Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of this section in the same manner that the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of sections 6, 7, and 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 , 207, and 215(a)(3)), including such Secretary’s authority to supervise payment of wages and compensation under section 16(c) of such Act ( 29 U.S.C. 216(c) ). (2) Civil penalties The Secretary of Labor may assess a civil penalty against a covered industrial operator that violates any provision of this section. (3) Monitoring compliance Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall— (A) develop a process to monitor compliance with the standards under this section that requires covered industrial operators to provide information to demonstrate such compliance; and (B) issue rules to determine penalties for noncompliance with this section. (4) Notification of Office The Secretary of Labor shall notify the Office of any covered industrial operator that is determined to be noncompliant with the requirements of this section. (d) Right of action for violations (1) Private right of action for violations An action to recover damages or obtain relief prescribed in paragraph (2) may be maintained against any covered industrial operator in any Federal or State court of competent jurisdiction by 1 or more covered workers or affected contract growers for and on behalf of themselves and other similarly situated covered workers or affected contract growers. (2) Liability (A) In general A covered industrial operator who violates this section shall be liable to each covered worker or affected contract grower that is aggrieved by the violation for— (i) damages in the amount of unpaid wages, salary, overtime compensation, or other compensation denied or lost by reason of the violation; and (ii) an additional equal amount as liquidated damages. (B) Attorney’s fees and costs In a civil action brought under paragraph (1) in which the plaintiff prevails, the court shall award the plaintiff reasonable attorney’s fees and costs of the action. (3) Enforcement by the Secretary of Labor The Secretary of Labor may bring an action in any court of competent jurisdiction to recover damages or obtain relief described in paragraph (2) on behalf of a covered worker or affected contract grower aggrieved by a violation of this section. 123. Prohibition on the use of incarcerated workers Notwithstanding any other provision of law, a covered industrial operator that the Secretary of Labor determines entered into a contract, on or after the date of enactment of this Act, with any entity to utilize incarcerated workers to perform labor related to a disaster mitigation event shall not be eligible for— (1) any Federal contracts for a period of 10 years beginning on the date of the determination; and (2) inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) or the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), as applicable, for a period of 10 years beginning on that date. II Grant and pilot programs 201. Definitions In this title: (1) Controlled-atmosphere stunning The term controlled-atmosphere stunning means rendering poultry unconscious through exposure to a mixture of gas (nitrogen and argon or concentrations of carbon dioxide) before slaughter. (2) Eligible processing facility The term eligible processing facility means an eligible facility described in section 764 of division N of the Consolidated Appropriations Act, 2021 ( 21 U.S.C. 473 ), that has a labor peace agreement in place. (3) Labor peace agreement The term labor peace agreement means an agreement— (A) between an employer and a labor organization that represents, or is actively seeking to represent as of the date on which the labor peace agreement is entered, the employees of the employer; and (B) under which such employer and such labor organization agree that— (i) the employer will not— (I) hinder any effort of an employee to join a labor organization; or (II) take any action that directly or indirectly indicates or implies any opposition to an employee joining a labor organization; (ii) the labor organization will refrain from picketing, work stoppages, or boycotts against the employer; (iii) the employer will— (I) provide the labor organization with employee contact information; and (II) facilitate or permit labor organization access to employees at the workplace, including facilitating or permitting the labor organization to meet with employees to discuss joining the labor organization; and (iv) the employer will, upon the request of the labor organization, recognize the labor organization as the bargaining representative of the employees if a majority of the employees choose the labor organization as their bargaining representative. (4) Live-shackle slaughter The term live-shackle slaughter means the method of stunning poultry before slaughter by shackling the poultry upside down by their legs and moving the poultry through electrified baths meant to render the poultry unconscious. 202. Controlled-atmosphere stunning transition program (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a transition program to award grants to eligible processing facilities that process poultry to transition from live-shackle slaughter to controlled-atmosphere stunning. (b) Eligibility As a condition of receipt of a grant under subsection (a), an eligible processing facility shall not, for a period of 10 years following the date of receipt of the grant, sell a slaughter or processing facility to, or merge the slaughter or processing facility with, a packer that owns more than 10 percent of the market share of meat and poultry markets. (c) Funding There is appropriated, out of any funds in the Treasury not otherwise appropriated, $750,000,000 to the Secretary to carry out this section. 203. Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities (a) In general The Secretary shall carry out a 5-year pilot program within the Meat and Poultry Inspection Division of the Food Safety and Inspection Service— (1) to expand the availability of processing inspectors, technical assistance, and onsite inspection for eligible processing facilities, including no-cost overtime inspections; and (2) to identify and train part-time inspectors and technical assistance providers. (b) Professional experience The Secretary shall determine the appropriate professional experience of inspectors and providers described in subsection (a)(2), which shall include individuals with expertise in veterinary medicine, public health, food service management, and animal science, as applicable. (c) Funding There is authorized to be appropriated to the Secretary not less than $50,000,000 to carry out this section. III Humane handling reforms A Transport 311. Transportation of livestock and poultry (a) Transportation lasting more than 8 hours (1) In general Section 80502 of title 49, United States Code, is amended— (A) in subsection (a)(1), by striking a rail carrier and all that follows through territory or possession, and inserting a covered provider of transportation ; (B) in subsection (b)— (i) in paragraph (3), by striking subsection (a) of this section and inserting subsection (b) ; (ii) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (iii) in the matter preceding subparagraph (A) (as so redesignated), in the third sentence— (I) by striking the rail carrier and all that follows through a vessel and inserting the covered provider of transportation ; and (II) by striking When the animals and inserting the following: (3) Responsibility of covered provider of transportation When the animals ; (iv) in the matter preceding paragraph (3) (as so designated), in the second sentence, by striking The owner and inserting the following: (2) Responsibility of owner or person having custody The owner ; and (v) in the matter preceding paragraph (2) (as so designated), by striking Animals being and inserting the following: (1) In general Animals being ; (C) in subsection (d)— (i) in the second sentence, by striking On learning and inserting the following: (2) Civil action On learning ; and (ii) in the first sentence, by striking A rail carrier and all that follows through a vessel and inserting the following: (1) In general A covered provider of transportation ; (D) by redesignating subsections (a) through (d) as subsections (b), (c), (g), and (f), respectively, and moving the subsections so as to appear in alphabetical order; (E) by inserting before subsection (b) (as so redesignated) the following: (a) Definitions In this section: (1) Covered industrial operator (A) In general The term covered industrial operator means an individual or entity that owns or controls a quantity of livestock or poultry that is not less than the quantity described in subparagraph (B) for the applicable livestock or poultry. (B) Quantity of livestock or poultry in AFOs The quantity of livestock or poultry referred to in subparagraph (A) is 1 or more of the following quantities of livestock or poultry housed in 1 or more Animal Feeding Operations at a single point in time: (i) 2,500 swine. (ii) 30,000 turkeys or ducks. (iii) 82,000 laying hens or broilers. (2) Covered provider of transportation (A) In general The term covered provider of transportation means an individual or entity described in subparagraph (B) that is transporting animals from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession of the United States. (B) Individuals and entities described An individual or entity referred to in subparagraph (A) is— (i) a rail carrier, express carrier, or common carrier (except by air or water); (ii) a receiver, trustee, or lessee of a carrier described in clause (i); or (iii) an owner or master of a vessel. (3) Secretary The term Secretary means the Secretary of Agriculture. ; and (F) by inserting after subsection (c) (as so redesignated) the following: (d) Transportation lasting more than 8 hours (1) In general In any case in which animals are transported by a covered provider of transportation on behalf of a covered industrial operator for a period lasting, or expected to last, more than 8 consecutive hours, the covered provider of transportation transporting the animals shall ensure that— (A) the means of transport provides adequate protection of the animals from high winds, rain, and snow; (B) any livestock or poultry are provided with appropriate bedding or equivalent material that— (i) prevents slipping; (ii) ensures a level of comfort appropriate to— (I) the species of the livestock or poultry; (II) the number of animals being transported; (III) the duration of the period of transportation; and (IV) the weather; and (iii) provides adequate absorption of urine and feces; (C) the animals are not overcrowded during transport, including by complying with the regulations promulgated under paragraph (2); (D) the means of transport is equipped with a water supply that ensures that each animal has access to water in a manner and quantity appropriate to the species and size of the animal; (E) watering devices on the means of transport are— (i) in good working order; (ii) appropriately designed; and (iii) positioned appropriately for the species of animal to be watered during transport; and (F) the animals are not transported when the temperature within the means of transport cannot be maintained between 40 degrees Fahrenheit and 86 degrees Fahrenheit. (2) Rulemaking (A) In general The Secretary shall promulgate regulations setting species-specific space allowances during periods of transportation lasting more than 8 hours. (B) Requirements The regulations promulgated under subparagraph (A) shall ensure that each species of animal has enough space— (i) to turn around; (ii) to lie down; and (iii) to fully extend the limbs of the animal. (e) Recordkeeping (1) In general Each covered industrial operator shall maintain records of all livestock transported by the covered industrial operator. (2) Production of records A covered industrial operator shall provide the records maintained under paragraph (1) to the Secretary on request. . (2) Effective date The amendments made by paragraph (1) take effect on the date that is 1 year after the date of enactment of this Act. (3) Rulemaking Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by paragraph (1). (b) Modification of 28-Hour rule (1) In general Section 80502 of title 49, United States Code (as amended by subsection (a)), is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) by striking (1) Except as provided and inserting the following: (1) In general Except as otherwise provided ; and (II) by striking 28 and inserting 8 ; (ii) by striking paragraph (2) and inserting the following: (2) Exceptions (A) In general Animals may be confined for more than 8 hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful. (B) Sheep Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 8-hour period of confinement described in paragraph (1) ends at night. ; and (iii) in paragraph (3), by striking (3) Time and inserting the following: (3) Loading and unloading Time ; and (B) by striking subsection (g). (2) Effective date The amendments made by paragraph (1) take effect on the date that is 10 years after the date of enactment of this Act. 312. Higher-welfare transport research funding (a) Definitions In this section: (1) Eligible research institution The term eligible research institution means— (A) an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 )); (B) an 1890 Institution (as defined in that section); (C) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )); (D) a non-land-grant college of agriculture (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )) that has a demonstrable capacity to conduct livestock or poultry research, as determined by the Secretary; (E) Hispanic-serving agricultural colleges and universities (as defined in that section); and (F) a center of excellence recognized under section 1673 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5926 ). (2) Higher-welfare transport The term higher-welfare transport means the handling, loading, and transport mechanisms by which livestock and poultry are transported, at any time, which take into account animal welfare and species-specific requirements to ensure that— (A) animal welfare is maintained throughout transport; and (B) animals are spared unnecessary distress or injury. (b) Grant program The Secretary shall establish a program to provide grants to eligible research institutions to study higher-welfare transport. (c) Applications To be eligible for a grant under this section, an eligible research institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Requirements In carrying out the program established under subsection (b), the Secretary shall ensure that none of the grant funding may be used to perform any experiment that would not comply with current transport law. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2023 through 2025. B Nonambulatory livestock 321. Unlawful slaughter practices involving nonambulatory livestock (a) In general Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) is amended by inserting after section 2 ( 7 U.S.C. 1902 ) the following: 3. Nonambulatory livestock (a) Definitions In this section: (1) Covered entity The term covered entity means— (A) a stockyard; (B) a market agency; (C) a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 )); (D) a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 201 )); (E) a slaughter facility; and (F) an establishment. (2) Establishment The term establishment means an establishment that is subject to inspection pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ). (3) Humanely euthanize The term humanely euthanize means to immediately render an animal unconscious by mechanical, chemical, or other means, with the unconscious state remaining until the death of the animal. (4) Nonambulatory livestock The term nonambulatory livestock means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. (5) Secretary The term Secretary means the Secretary of Agriculture. (b) Humane treatment, handling, and disposition The Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory livestock by covered entities, including requirements for covered entities— (1) to immediately humanely euthanize nonambulatory livestock when the livestock becomes nonambulatory livestock, subject to subsection (c); and (2) (A) to have written policies and procedures in place, and proper equipment, relating to the humane handling, euthanization, and disposition of all nonambulatory livestock; (B) to maintain records of all nonambulatory livestock; and (C) to electronically submit those written policies and procedures and records to the Administrator of the Food Safety and Inspection Service. (c) Humane euthanasia (1) In general The Secretary shall promulgate regulations specifying— (A) the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory livestock required under the regulations promulgated under subsection (b); and (B) processes for ensuring effective enforcement of the use of those methods. (2) Disease testing The regulations promulgated under subsection (b) shall not limit the ability of the Secretary to test nonambulatory livestock for a disease. (d) Transacting or processing A covered entity shall not— (1) buy or sell a nonambulatory animal; or (2) process, butcher, or sell meat or products of nonambulatory livestock. (e) Records The Administrator of the Food Safety and Inspection Service shall maintain all documents submitted by covered entities pursuant to the regulations under subsection (b). . (b) Inspection of nonambulatory livestock; labeling Section 6 of the Federal Meat Inspection Act ( 21 U.S.C. 606 ) is amended by adding at the end the following: (c) Inspection of nonambulatory livestock; labeling (1) Definition of nonambulatory livestock In this subsection, the term nonambulatory livestock means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. (2) Inspection It shall be unlawful for an inspector at an establishment subject to inspection under this Act to pass through inspection any nonambulatory livestock or carcass (including parts of a carcass) of nonambulatory livestock. (3) Labeling An inspector or other employee of an establishment described in paragraph (2) shall label, mark, stamp, or tag as inspected and condemned any carcass (including parts of a carcass) of nonambulatory livestock. . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by subsections (a) and (b). 322. Unlawful use of drugs contributing to nonambulatory conditions The Animal Health Protection Act is amended by inserting after section 10409A ( 7 U.S.C. 8308a ) the following: 10409B. Unlawful use of drugs on certain animals Any use of a beta-agonist drug, including ractopamine, zilpaterol, and lubabegron, in an animal in the absence of disease, including use for growth promotion or feed efficiency, is prohibited. . 323. Inclusion of poultry in Humane Methods of Slaughter Act (a) In general Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1901 et seq. ) is amended by adding and poultry after the term livestock each place it appears, except as provided in subsection (b). (b) Other conforming amendment Section 2(a) of Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1902 ) is amended by striking and other livestock, and inserting other livestock, and poultry . (c) Effective date The amendments made by subsections (a) and (b) shall take effect on the date that is 10 years after the date of enactment of this Act. C Inspections 331. Definitions In this subtitle: (1) Covered establishment The term covered establishment means— (A) an official establishment (as defined in section 301.2 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ); and (B) an official establishment (as defined in section 381.1 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ). (2) Employee The term employee has the meaning given the term in section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652 ). 332. Ending dangerous higher-speed slaughter and self-inspection systems (a) Definition of covered program (1) In general The term covered program means any waiver, program, or regulation that— (A) allows covered establishments to operate at slaughter speeds that exceed existing limits required by regulations of the Department of Agriculture as of the date of enactment of this Act; (B) reduces the number of Federal inspectors in covered establishments; or (C) replaces Federal inspectors at covered establishments with employees of the covered establishments for purposes of inspection. (2) Inclusions The term covered program includes— (A) the New Swine Slaughter Inspection System described in the final rule entitled Modernization of Swine Slaughter Inspection (84 Fed. Reg. 52300 (October 1, 2019)); (B) the New Poultry Inspection System described in the final rule entitled Modernization of Poultry Slaughter Inspection (79 Fed. Reg. 49566 (August 21, 2014)); and (C) any waiver issued under an inspection system described in subparagraph (A) or (B). (b) Termination of covered programs The Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall terminate or suspend implementation of or conversion to, as applicable, all covered programs. 333. Funding for additional OSHA inspectors There is authorized to be appropriated $60,000,000 for each of fiscal years 2023 through 2032 for the hiring of additional inspectors to carry out inspections under section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 ) in covered establishments. 334. Funding for additional FSIS inspectors (a) In general There is authorized to be appropriated to the Secretary $50,000,000 for each of fiscal years 2023 through 2032 to hire additional full-time equivalent positions within the Food Safety and Inspection Service relating to inspections conduced pursuant to, and the enforcement of, Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1901 et seq. ). (b) Priority for hiring In carrying out subsection (a), priority shall be given to hiring personnel— (1) to inspect processing facilities (as described by the term eligible facility in section 764 of division N of the Consolidated Appropriations Act, 2021 ( 21 U.S.C. 473 )); and (2) in regions with the highest number of vacancies within the Food Safety and Inspection Service. | https://www.govinfo.gov/content/pkg/BILLS-117s5138is/xml/BILLS-117s5138is.xml |
117-s-5139 | II 117th CONGRESS 2d Session S. 5139 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mr. Blumenthal (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish criminal penalties for failing to inform and warn of serious dangers.
1. Short title This Act may be cited as the Hide No Harm Act of 2022 . 2. Criminal penalties (a) In general Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: 101A Reporting Standards Sec. 2081. Definitions. 2082. Failure to inform and warn. 2083. Relationship to existing law. 2081. Definitions In this chapter— (1) the term appropriate Federal agency means an agency with jurisdiction over a covered product, covered service, or business practice; (2) the term business entity means a corporation, company, association, firm, partnership, sole proprietor, or other entity engaged in the operation of a business; (3) the term business practice means a method or practice of— (A) manufacturing, assembling, designing, researching, importing, or distributing a covered product; (B) conducting, providing, or preparing to provide a covered service; or (C) otherwise carrying out business operations relating to covered products or covered services; (4) the term covered product means a product manufactured, assembled, designed, researched, imported, or distributed by a business entity that enters interstate commerce; (5) the term covered service means a service conducted, provided, or prepared by a business entity that enters interstate commerce; (6) the term responsible corporate officer means a person who— (A) is an employer, director, or officer of a business entity; (B) has the responsibility and authority, by reason of his or her position in the business entity and in accordance with the rules or practice of the business entity, to acquire knowledge of any serious danger associated with a covered product (or component of a covered product), covered service, or business practice of the business entity; and (C) has the responsibility, by reason of his or her position in the business entity, to communicate information about the serious danger to— (i) an appropriate Federal agency; (ii) employees of the business entity; or (iii) individuals, other than employees of the business entity, who may be exposed to the serious danger; (7) the term serious bodily injury means an impairment of the physical condition of an individual, including as a result of trauma, repetitive motion, or disease, that— (A) creates a substantial risk of death; or (B) causes— (i) serious permanent disfigurement; (ii) unconsciousness; (iii) extreme pain; or (iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; (8) the term serious danger means a danger, not readily apparent to a reasonable person, that the normal or reasonably foreseeable use of, or the exposure of an individual to, a covered product, covered service, or business practice has an imminent risk of causing death or serious bodily injury to an individual; and (9) the term warn affected employees means take reasonable steps to give, to each individual who is exposed or may be exposed to a serious danger in the course of work for a business entity, a description of the serious danger that is sufficient to make the individual aware of the serious danger. 2082. Failure to inform and warn (a) Requirement After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall— (1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; (2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; (3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and (4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. (b) Penalty (1) In general Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. (2) Prohibition of payment by business entities If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. (c) Civil action To protect against retaliation (1) Prohibition It shall be unlawful to knowingly discriminate against any person in the terms or conditions of employment, in retention in employment, or in hiring because the person informed a Federal agency, warned employees, or informed other individuals of a serious danger associated with a covered product, covered service, or business practice, as required under this section. (2) Enforcement action (A) In general A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by— (i) filing a complaint with the Secretary of Labor; or (ii) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (B) Procedure (i) In general An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. (ii) Exception Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. (iii) Burdens of proof An action brought under subparagraph (A)(ii) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49. (iv) Statute of limitations An action under subparagraph (A) shall be commenced not later than 180 days after the date on which the violation occurs, or after the date on which the employee became aware of the violation. (v) Jury trial A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. (3) Remedies (A) In general An employee prevailing in any action under paragraph (2)(A) shall be entitled to all relief necessary to make the employee whole. (B) Compensatory damages Relief for any action under subparagraph (A) shall include— (i) reinstatement with the same seniority status that the employee would have had, but for the discrimination; (ii) the amount of back pay, with interest; and (iii) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. (4) Rights retained by employee Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. (5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes (A) Waiver of rights and remedies The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (B) Predispute arbitration agreements No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this subsection. 2083. Relationship to existing law (a) Rights To intervene Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. (b) Rule of construction Nothing in this chapter shall be construed to— (1) increase the time period for informing of a serious danger or other harm under any other provision of law; or (2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law. . (b) Technical and conforming amendment The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 101 the following: 101A. Reporting standards 2081 . (c) Effective date The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5139is/xml/BILLS-117s5139is.xml |
117-s-5140 | II 117th CONGRESS 2d Session S. 5140 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mr. Tester (for himself, Mr. Hoeven , Mr. Luján , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide for rental assistance for homeless or at-risk Indian veterans, and for other purposes.
1. Rental assistance for homeless or at-risk Indian veterans Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) is amended— (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph (D): (D) Indian veterans housing rental assistance program (i) Definitions In this subparagraph: (I) Eligible Indian veteran The term eligible Indian veteran means an Indian veteran who is— (aa) homeless or at risk of homelessness; and (bb) living— (AA) on or near a reservation; or (BB) in or near any other Indian area. (II) Eligible recipient The term eligible recipient means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ). (III) Indian; Indian area The terms Indian and Indian area have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (IV) Indian veteran The term Indian veteran means an Indian who is a veteran. (V) Program The term Program means the Tribal HUD–VASH program carried out under clause (ii). (VI) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (ii) Program specifications The Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the Tribal HUD–VASH program , in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans. (iii) Model (I) In general Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs. (II) Exceptions (aa) Secretary of Housing and Urban Development After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (bb) Secretary of Veterans Affairs After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (iv) Eligible recipients The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients. (v) Funding criteria The Secretary shall award grants under the Program based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), except that recipients shall— (I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and (II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans. (vii) Consultation (I) Grant recipients; tribal organizations The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program. (II) Indian Health Service The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program. (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans. (II) Exception The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. (ix) Renewal grants The Secretary may— (I) set aside, from amounts made available for tenant-based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and (II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program. (x) Reporting (I) In general Not later than 1 year after the date of the enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall— (aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and (bb) submit a report describing the results of the review under item (aa) to— (AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and (BB) the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives. (II) Analysis of housing stock limitation The Secretary shall include in the initial report submitted under subclause (I) a description of— (aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program; (bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and (cc) proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program. . | https://www.govinfo.gov/content/pkg/BILLS-117s5140is/xml/BILLS-117s5140is.xml |
117-s-5141 | II 117th CONGRESS 2d Session S. 5141 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mr. Durbin (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To direct the Director of the Bureau of Justice Statistics to establish a database with respect to corporate offenses, and for other purposes.
1. Short title This Act may be cited as the Corporate Crime Database Act of 2022 . 2. Corporate crime database at the Bureau of Justice Statistics (a) In general Part C of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10131 et seq. ) is amended by adding at the end the following: 305. Corporate crime database (a) Definitions In this section: (1) Business entity The term business entity means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. (2) Corporate offense The term corporate offense means— (A) a violation or alleged violation of Federal law committed by— (i) a business entity; or (ii) an individual employed by a business entity within the conduct of the individual's occupational role; and (B) any other violation determined by the Director to be a corporate offense. (3) Director The term Director means the Director of the Bureau. (4) Enforcement action The term enforcement action includes any concluded administrative, civil, or criminal enforcement action or any declination, settlement, deferred prosecution agreement, or non-prosecution agreement entered into by a Federal agency to enforce a law or regulation. (5) Federal agency The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. (b) Establishment Beginning not later than 1 year after the date of enactment of the Corporate Crime Database Act of 2022 , the Director shall— (1) collect, aggregate, and analyze information regarding enforcement actions taken with respect to corporate offenses; and (2) publish on the internet website of the Bureau a database of the enforcement actions described in paragraph (1). (c) Information included The database established under subsection (b) shall include the following information on an enforcement action with respect to corporate offenses: (1) Each business entity or individual identified by the enforcement action. (2) The employer of an individual identified under paragraph (1), as determined relevant by the Director. (3) The parent company of a business entity identified under paragraph (1) or the parent company of any employer identified under paragraph (2), as determined relevant by the Director. (4) The type of offense or alleged offense committed by the business entity or individual. (5) Any relevant statute or regulation violated by the business entity or individual. (6) Each Federal agency bringing the enforcement action. (7) The outcome of the enforcement action, if any, including all documentation relevant to the outcome. (8) An unique identifier for each business entity, individual, employer, or parent company identified by the enforcement action. (9) Any additional information the Director determines necessary to carry out the purposes of this section. (d) Information collection by Director (1) In general Not later than 180 days after the date of enactment of the Corporate Crime Database Act of 2022 , the Director shall establish guidance for the collection of information from each Federal agency that carries out an enforcement action with respect to corporate offenses, including identification of each Federal agency that shall submit information to the Director and the manner in which, time at which, and frequency with which the information shall be submitted. (2) Timing of information included To the extent to which information is available, the database established under subsection (b) shall include the information described in subsection (c) on each enforcement action with respect to corporate offenses taken by a Federal agency before, on, or after the date of enactment of the Corporate Crime Database Act of 2022 . (e) Publication details (1) In general Not later than 1 year after the date of enactment of the Corporate Crime Database Act of 2022 , the Director shall publish on the internet website of the Bureau the database established under subsection (b) in a format that is searchable, downloadable, and accessible to the public. (2) Update of information The Director shall update the information included in the database established under subsection (b) each time the information is collected under subsection (d). (f) Report required Not later than 1 year after the publication of the database established under subsection (b), and annually thereafter, the Director shall submit to Congress a report including— (1) a description of the data collected and analyzed under this section related to corporate offenses, including an analysis of recidivism, offenses and alleged offenses, and enforcement actions; (2) an estimate of the impact of corporate offenses on victims and the public; and (3) recommendations, developed in consultation with the Attorney General, for legislative or administrative actions to improve the ability of Federal agencies to monitor, respond to, and deter instances of corporate offenses. . (b) Chief Data Officer Council Section 3520A(b) of title 44, United States Code, is amended— (1) in paragraph (4), by striking ; and and inserting a semicolon; (2) in paragraph (5), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (6) identify ways in which a Federal agency (as defined in section 305 of title I of the Omnibus Crime Control and Safe Streets Act of 1968) that carries out an enforcement action (as defined in that section) with respect to a corporate offense (as defined in that section) can improve the collection, digitalization, tabulation, sharing, and publishing of information under that section, and the standardization of those processes, in order to carry out that section. . | https://www.govinfo.gov/content/pkg/BILLS-117s5141is/xml/BILLS-117s5141is.xml |
117-s-5142 | II 117th CONGRESS 2d Session S. 5142 IN THE SENATE OF THE UNITED STATES November 29, 2022 Ms. Baldwin (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to eliminate certain health care charges for members of the Selected Reserve eligible for TRICARE Reserve Select, and for other purposes.
1. Short title This Act may be cited as the Healthcare for Our Troops Act . 2. Elimination of certain health care charges for members of the Selected Reserve (a) TRICARE Reserve Select Section 1076d of title 10, United States Code, is amended to read as follows: 1076d. TRICARE program: TRICARE Reserve Select coverage for members of the Selected Reserve (a) Members of Selected Reserve (1) In general A member of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces is eligible for health benefits under TRICARE Reserve Select as provided in this section. (2) Termination of coverage Eligibility for TRICARE Reserve Select coverage of a member under this section shall terminate upon the termination of the member's service in the Selected Reserve. (b) TRICARE Reserve Select family coverage (1) In general While a member of a reserve component is covered by TRICARE Reserve Select under this section, the members of the immediate family of such member are eligible for TRICARE Reserve Select family coverage as dependents of the member. (2) Continuation of coverage If a member of a reserve component dies while in a period of coverage under this section, the eligibility of the members of the immediate family of such member for TRICARE Reserve Select family coverage shall continue for six months beyond the date of death of the member. (c) Premiums (1) No premiums for individual coverage A member of a reserve component covered by TRICARE Reserve Select individual coverage shall pay no premium for such coverage. (2) Family coverage (A) In general A member of a reserve component covered by TRICARE Reserve Select under this section shall pay a premium for any member of the immediate family of such member covered under TRICARE Reserve Select family coverage. Such premium shall apply instead of any enrollment fees required under section 1075 of this title. (B) Uniform application The Secretary of Defense shall prescribe for the purposes of this section one premium for TRICARE Reserve Select family coverage of immediate family members of members of the reserve components, that shall apply uniformly to all such immediate family members. (C) Premium amount (i) In general The monthly amount of the premium in effect for a month for TRICARE Reserve Select family coverage under this section shall be the amount equal to 28 percent of the total monthly amount determined on an appropriate actuarial basis as being reasonable for that coverage. (ii) Appropriate actuarial basis The appropriate actuarial basis for purposes of clause (i) for each calendar year after calendar year 2009 shall be determined by utilizing the actual cost of providing benefits under this section to dependents of members of the reserve components during the calendar years preceding such calendar year. (D) Payment of premiums (i) In general The premiums for TRICARE Reserve Select family coverage payable by a member of a reserve component under this subsection may be deducted and withheld from basic pay payable to the member under section 204 of title 37 or from compensation payable to the member under section 206 of such title. (ii) Requirements and procedures The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums under this subsection. (E) Collection of premiums Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section for such fiscal year. (d) Cost-Sharing amounts (1) Network individual coverage Except as provided in paragraph (2), a beneficiary covered by TRICARE Reserve Select individual coverage shall pay no charge for any health care service to which the beneficiary is entitled pursuant to such coverage. (2) Out-of-network individual coverage With respect to out-of-network health care services, a beneficiary covered by TRICARE Reserve Select individual coverage shall be subject to the same out-of-network cost-sharing requirements as those to which beneficiaries described in section 1075(c)(1) of this title in the active-duty family member category are subject to for the corresponding year. (3) Family coverage A beneficiary covered by TRICARE Reserve Select family coverage shall be subject to the same cost-sharing requirements as those to which beneficiaries described in section 1075(c)(1) of this title in the active-duty family member category are subject to for the corresponding year. (e) Regulations The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section. (f) Definitions In this section: (1) The terms active-duty family member category , network , and out-of-network have the meanings given such terms in section 1075(i) of this title. (2) The term immediate family , with respect to a member of a reserve component, means all of the member’s dependents described in subparagraphs (A), (D), and (I) of section 1072(2) of this title. (3) The term TRICARE Reserve Select means— (A) medical care, excluding dental care, at facilities of the uniformed services to which a dependent described in section 1076(a)(2) of this title is entitled; and (B) health benefits under the TRICARE Select self-managed, preferred provider network option under section 1075 of this title made available to beneficiaries by reason of this section and subject to the cost-sharing requirements set forth in subsection (d). (4) The term TRICARE Reserve Select family coverage means coverage under TRICARE Reserve Select of any members of the immediate family of a member of a reserve component, as described in subsection (b). (5) The term TRICARE Reserve Select individual coverage means coverage under TRICARE Reserve Select of a member of a reserve component, as described in subsection (a). . (b) Conforming amendments to TRICARE Select Paragraph (3) of section 1075(c) of title 10, United States Code, is amended to read as follows: (3) With respect to beneficiaries in the reserve and young adult category— (A) for beneficiaries covered by section 1076e or 1110b of this title, the cost-sharing requirements shall be calculated pursuant to subsection (d)(1) as if the beneficiary were in the active-duty family member category or the retired category, as applicable, except that the premiums calculated pursuant to section 1076e or 1110b of this title shall apply instead of any enrollment fee required under this section; and (B) for beneficiaries covered by section 1076d of this title, the cost-sharing requirements shall be calculated pursuant to subsection (d) of such section. . (c) Applicability This section shall apply with respect to the provision of health care under the TRICARE program beginning on the date that is one year after the date of the enactment of this Act. 3. Forms and study relating to improved coverage for members of the Selected Reserve (a) Forms (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop forms to be used by civilian health care providers under the purchased care component of the TRICARE program for medical care for members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces eligible for TRICARE Reserve Select. (2) Information To include Forms developed under paragraph (1) shall include opportunities for a civilian health care provider to indicate, with respect to a member of the Selected Reserve, the following information: (A) Medical Readiness Classification. (B) Fitness for deployment. (C) Any other information the Secretary determines necessary. (b) Study (1) In general The Secretary of Defense shall conduct a study on— (A) the phasing out of mass medical events and periodic health assessments for members of the Selected Reserve eligible for TRICARE Reserve Select; and (B) the replacement of such events and processes with the new TRICARE Reserve Select coverage model under section 1076d of title 10, United States Code, as amended by section 2(a), and the use of forms by civilian health care providers as specified in subsection (a). (2) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the findings of the study conducted under paragraph (1). (c) Definitions In this section, the terms TRICARE program and TRICARE Reserve Select have the meanings given those terms in section 1072 of title 10, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s5142is/xml/BILLS-117s5142is.xml |
117-s-5143 | II 117th CONGRESS 2d Session S. 5143 IN THE SENATE OF THE UNITED STATES November 29, 2022 Ms. Stabenow introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve the assignment of patient advocates at medical facilities of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Veterans Patient Advocacy Act . 2. Patient advocates at medical facilities of Department of Veterans Affairs (a) In general Section 7309A of title 38, United States Code, is amended— (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Number of patient advocates Beginning on the date that is one year after the date of the enactment of the Veterans Patient Advocacy Act , the Director shall ensure that— (1) there is not fewer than one patient advocate for every 13,500 veterans enrolled in the system of annual patient enrollment of the Department established and operated under section 1705(a) of this title; and (2) highly rural veterans may access the services of patient advocates, including, to the extent practicable, by assigning patient advocates to rural community-based outpatient clinics. . (b) GAO Report Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report evaluating the implementation by the Secretary of Veterans Affairs of subsection (e) of section 7309A of title 38, United States Code, as added by subsection (a)(2). | https://www.govinfo.gov/content/pkg/BILLS-117s5143is/xml/BILLS-117s5143is.xml |
117-s-5144 | II 117th CONGRESS 2d Session S. 5144 IN THE SENATE OF THE UNITED STATES November 29, 2022 Ms. Stabenow introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to increase the mileage rate offered by the Department of Veterans Affairs through their Beneficiary Travel program for health related travel, and for other purposes.
1. Short title This Act may be cited as the Driver Reimbursement Increase for Veteran Equity Act or the DRIVE Act . 2. VA payments or allowances for beneficiary travel Section 111(g) of title 38, United States Code, is amended— (1) by striking (1) Beginning one year after the date of the enactment of the Caregivers and Veterans Omnibus Health Services Act of 2010, the Secretary may and inserting The Secretary shall ; (2) by striking to be and inserting to be at least ; and (3) by striking paragraph (2). | https://www.govinfo.gov/content/pkg/BILLS-117s5144is/xml/BILLS-117s5144is.xml |
117-s-5145 | II 117th CONGRESS 2d Session S. 5145 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mrs. Fischer (for herself, Ms. Klobuchar , Mr. Grassley , Ms. Duckworth , Mr. Thune , Ms. Smith , Ms. Ernst , Mr. Brown , Mr. Marshall , Mr. Durbin , Mr. Cramer , Ms. Baldwin , Mr. Sasse , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes.
1. Short title This Act may be cited as the Consumer and Fuel Retailer Choice Act of 2022 . 2. Ethanol waiver (a) Existing waivers Section 211(f)(4) of the Clean Air Act ( 42 U.S.C. 7545(f)(4) ) is amended— (1) by striking (4) The Administrator, upon and inserting the following: (4) Waivers (A) In general The Administrator, on ; (2) in subparagraph (A) (as so designated)— (A) in the first sentence— (i) by striking of this subsection each place it appears; and (ii) by striking if he determines and inserting if the Administrator determines ; and (B) in the second sentence— (i) by striking such an application and inserting an application described in subparagraph (A) ; and (ii) by striking The Administrator and inserting the following: (B) Final action The Administrator ; and (3) by adding at the end the following: (C) Reid vapor pressure A fuel or fuel additive may be introduced into commerce if— (i) (I) the Administrator determines that the fuel or fuel additive is substantially similar to a fuel or fuel additive utilized in the certification of any model year vehicle pursuant to paragraph (1)(A); or (II) the fuel or fuel additive has been granted a waiver under subparagraph (A) and meets all of the conditions of that waiver other than any limitation of the waiver with respect to the Reid Vapor Pressure of the fuel or fuel additive; and (ii) the fuel or fuel additive meets all other applicable Reid Vapor Pressure requirements under subsection (h). . (b) Reid vapor pressure limitation Section 211(h) of the Clean Air Act ( 42 U.S.C. 7545(h) ) is amended— (1) by striking vapor pressure each place it appears and inserting Vapor Pressure ; (2) in paragraph (4), in the matter preceding subparagraph (A), by inserting or more after 10 percent ; and (3) in paragraph (5)(A)— (A) by striking Upon notification, accompanied by and inserting On receipt of a notification that is submitted before January 1, 2022, or after the date of enactment of the Consumer and Fuel Retailer Choice Act of 2022 , and is accompanied by appropriate ; and (B) by inserting or more after 10 percent . | https://www.govinfo.gov/content/pkg/BILLS-117s5145is/xml/BILLS-117s5145is.xml |
117-s-5146 | II 117th CONGRESS 2d Session S. 5146 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for the sealing of records relating to Federal nonviolent criminal offenses related to substance use disorders, and for other purposes.
1. Short title This Act may be cited as the Clean Start Act of 2022 . 2. Sealing of criminal records (a) In general Chapter 229 of title 18, United States Code, is amended by adding at the end the following: E Sealing of criminal records Sec. 3641. Definitions. 3642. Sealing petition. 3643. Effect of sealing order. 3641. Definitions In this subchapter— (1) the term covered nonviolent offense means a Federal criminal offense that is not— (A) a crime of violence (as that term is defined in section 16); (B) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911 )); (C) an offense involving a victim under the age of 18 years; or (D) a serious drug offense (as that term is defined in section 3559(c)(2)); (2) the term covered treatment program means a substance use disorder treatment program or recovery support program that is licensed, certified, or accredited by a State or national accreditation body, including peer-driven and sober-living programs; (3) the term eligible individual means an individual who— (A) has been arrested for or convicted of a qualifying offense; (B) in the case of a conviction described in subparagraph (A)— (i) has fulfilled each requirement of the sentence for the qualifying offense, including— (I) completing each term of imprisonment, probation, or supervised release; and (II) satisfying each condition of imprisonment, probation, or supervised release; (ii) has satisfactorily completed a covered treatment program; and (iii) has rendered service for a period of not less than 180 days— (I) as a peer mentor in a substance use disorder peer mentorship program; or (II) if service described in subclause (I) is not practicable, as a volunteer; (C) has not been convicted of more than 2 felonies that are covered nonviolent offenses, including any such convictions that have been sealed; and (D) has not been convicted of any felony that is not a covered nonviolent offense; (4) the term petitioner means an individual who files a sealing petition; (5) the term protected information , with respect to a qualifying offense, means any reference to— (A) an arrest, conviction, or sentence of an individual for the offense; (B) the institution of criminal proceedings against an individual for the offense; or (C) the result of criminal proceedings described in subparagraph (B); (6) the term qualifying offense means— (A) a covered nonviolent offense committed by an individual whose substance use disorder is a substantial contributing factor in the commission of the offense, as determined by a court reviewing a sealing petition with respect to the offense under section 3642(b)(3)(A)(i); or (B) in the case of an arrest for an offense that does not result in a conviction, a covered nonviolent offense with respect to which the act that would have constituted the offense is committed by an individual whose substance use disorder is a substantial contributing factor in the commission of the act, as determined by a court reviewing a sealing petition with respect to the offense under section 3642(b)(3)(A)(i); (7) the term seal — (A) means— (i) to close a record from public viewing so that the record cannot be examined except by court order; and (ii) to physically seal the record shut and label the record SEALED or, in the case of an electronic record, the substantive equivalent; and (B) has the effect described in section 3643, including— (i) the right to treat the offense to which a sealed record relates, and any arrest, criminal proceeding, conviction, or sentence relating to the offense, as if it never occurred; and (ii) protection from civil and criminal perjury, false swearing, and false statement laws with respect to a sealed record; (8) the term sealing hearing means a hearing held under section 3642(b)(2); (9) the term sealing petition means a petition for a sealing order filed under section 3642(a); and (10) the term substance use disorder peer mentorship program means a peer mentorship program at a covered treatment program. 3642. Sealing petition (a) Right To file sealing petition (1) Date of eligibility (A) Convicted individuals (i) In general On and after the date that is 3 years after the applicable date under clause (ii), an eligible individual who was convicted of a qualifying offense and has not been arrested for or convicted of a substance use-related offense since that applicable date may file a petition for a sealing order with respect to the qualifying offense in a district court of the United States. (ii) Applicable date The applicable date— (I) for an eligible individual who was convicted of a qualifying offense and sentenced to a term of imprisonment, probation, or supervised release is the date on which the eligible individual has fulfilled each requirement under section 3641(3)(B)(i); and (II) for an eligible individual who was convicted of a qualifying offense and not sentenced to a term of imprisonment, probation, or supervised release is the date on which the case relating to the qualifying offense is disposed of. (iii) Violation of 3-year good behavior requirement (I) In general An eligible individual who is prohibited from filing a petition for a sealing order with respect to a qualifying offense under clause (i) because the individual is arrested for or convicted of a substance use-related offense on or after the applicable date under clause (ii) may file such a petition on or after the date as of which 3 years have elapsed since the last such arrest or conviction. (II) Rule of construction Nothing in subclause (I) shall be construed to allow an eligible individual to file more than 1 petition for a sealing order with respect to a particular qualifying offense. (B) Individuals not convicted An eligible individual who is arrested for but not convicted of a qualifying offense may file a petition for a sealing order with respect to the qualifying offense in a district court of the United States on and after the date on which the case relating to the offense is disposed of. (2) Notice of opportunity to file petition (A) Convicted individuals (i) In general If an individual is convicted of a covered nonviolent offense and will potentially be eligible to file a sealing petition with respect to the offense upon fulfilling each requirement under section 3641(3)(B), the court in which the individual is convicted shall, in writing, inform the individual, on each date described in clause (ii) of this subparagraph, of— (I) that potential eligibility; (II) the necessary procedures for filing the sealing petition; and (III) the benefits of sealing a record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. (ii) Dates The dates described in this clause are— (I) the date on which the individual is convicted; and (II) the date on which the individual has fulfilled each requirement under section 3641(3)(B)(i). (B) Individuals not convicted (i) Arrest only If an individual is arrested for a covered nonviolent offense, criminal proceedings are not instituted against the individual for the offense, and the individual is potentially eligible to file a sealing petition with respect to the offense, on the date on which the case relating to the offense is disposed of, the arresting authority shall, in writing, inform the individual of— (I) that potential eligibility; (II) the necessary procedures for filing the sealing petition; and (III) the benefits of sealing a record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. (ii) Court proceedings If an individual is arrested for a covered nonviolent offense, criminal proceedings are instituted against the individual for the offense, the individual is not convicted of the offense, and the individual is potentially eligible to file a sealing petition with respect to the offense, on the date on which the case relating to the offense is disposed of, the court in which the criminal proceedings take place shall, in writing, inform the individual of— (I) that potential eligibility; (II) the necessary procedures for filing the sealing petition; and (III) the benefits of sealing a record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. (b) Procedures (1) Notification to prosecutor and other individuals If an individual files a petition under subsection (a) with respect to a qualifying offense, the district court in which the petition is filed shall provide notice of the petition— (A) to the office of the United States attorney that prosecuted or would have prosecuted the petitioner for the offense; and (B) upon the request of the petitioner, to any other individual that the petitioner determines may testify as to the— (i) conduct of the petitioner since the date of the offense or arrest; or (ii) reasons that the sealing order should be entered. (2) Hearing (A) In general Not later than 180 days after the date on which an individual files a sealing petition, the district court shall— (i) except as provided in subparagraph (D), conduct a hearing in accordance with subparagraph (B); and (ii) determine whether to enter a sealing order for the individual in accordance with paragraph (3). (B) Opportunity to testify and offer evidence (i) Petitioner The petitioner may testify or offer evidence at the sealing hearing in support of sealing, including evidence of ongoing sobriety. (ii) Prosecutor The office of a United States attorney that receives notice under paragraph (1)(A) may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing. (iii) Other individuals An individual who receives notice under paragraph (1)(B) may testify or offer evidence at the sealing hearing as to the issues described in clauses (i) and (ii) of that paragraph. (C) Magistrate judges A magistrate judge may preside over a hearing under this paragraph. (D) Waiver of hearing If the petitioner and the United States attorney that receives notice under paragraph (1)(A) so agree, the court shall make a determination under paragraph (3) without a hearing. (3) Basis for decision (A) In general In determining whether to enter a sealing order with respect to protected information relating to a covered nonviolent offense, the court shall— (i) determine whether the offense is a qualifying offense based on evidence that the petitioner suffered from an active substance use disorder at the time of the commission of— (I) the offense; or (II) the act that would have constituted the offense, in the case of an arrest for an offense that does not result in a conviction; (ii) consider— (I) the petition and any documents in the possession of the court; and (II) all the evidence and testimony presented at the sealing hearing, if such a hearing is conducted; and (iii) balance— (I) (aa) the interest of public knowledge and safety; and (bb) the legitimate interest, if any, of the Government in maintaining the accessibility of the protected information, including any potential impact of sealing the protected information on Federal licensure, permit, or employment restrictions, against (II) (aa) the conduct of the petitioner and the demonstrated desire of the petitioner to be rehabilitated and positively contribute to the community; and (bb) the interest of the petitioner in having the protected information sealed, including the harm of the protected information to the ability of the petitioner to secure and maintain employment. (B) Burden on Government The burden shall be on the Government to show that the interests under subclause (I) of subparagraph (A)(iii) outweigh the interests of the petitioner under subclause (II) of that subparagraph. (C) Reasoning The court shall provide the petitioner and the Government with a written decision explaining the reasons for the determination made under subparagraph (A). (4) Appeal A denial of a sealing petition by a district court under this section shall be subject to review by a court of appeals in accordance with section 1291 of title 28. (5) Universal form The Director of the Administrative Office of the United States Courts shall create a universal form, available over the internet and in paper form, that an individual may use to file a sealing petition. (6) Fee waiver The Director of the Administrative Office of the United States Courts shall by regulation establish a minimally burdensome process under which indigent petitioners may obtain a waiver of any fee for filing a sealing petition. (7) Reporting Not later than 2 years after the date of enactment of this subchapter, and each year thereafter, each district court of the United States shall publish and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that— (A) describes— (i) the number of sealing petitions granted and denied under this section; (ii) the number of instances in which the office of a United States attorney supported or opposed a sealing petition; and (iii) the number and amount of fees assessed and waived under this section; (B) includes any supporting data that— (i) the court determines relevant; and (ii) does not name any petitioner; and (C) disaggregates all relevant data by race, ethnicity, gender, and the nature of the offense. (8) Public defender eligibility (A) In general The district court may, in its discretion, appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent a petitioner for purposes of this section. (B) Considerations In making a determination whether to appoint counsel under subparagraph (A), the court shall consider— (i) the anticipated complexity of the sealing hearing, including the number and type of witnesses called to advocate against the sealing of the protected information of the petitioner; and (ii) the potential for adverse testimony by a victim or a representative of the office of the United States attorney. 3643. Effect of sealing order (a) In general Except as provided in this section, if a district court of the United States enters a sealing order with respect to a qualifying offense, the offense, and any arrest, criminal proceeding, conviction, or sentence relating to the offense, shall be treated as if it never occurred. (b) Verification of sealing If a district court of the United States enters a sealing order with respect to a qualifying offense, the court shall— (1) send a copy of the sealing order to each entity or person known to the court that possesses a record containing protected information that relates to the offense, including each— (A) law enforcement agency; and (B) public or private correctional or detention facility; (2) in the sealing order, require each entity or person described in paragraph (1) to— (A) seal the record in accordance with this section; and (B) submit a written certification to the court, under penalty of perjury, that the entity or person has sealed each paper and electronic copy of the record; (3) seal each paper and electronic copy of the record in the possession of the court; and (4) after receiving a written certification from each entity or person under paragraph (2)(B), notify the petitioner that each entity or person described in paragraph (1) has sealed each paper and electronic copy of the record. (c) Protection from perjury laws Except as provided in subsection (f)(3)(A), a petitioner with respect to whom a sealing order has been entered for a qualifying offense shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement, including section 1001, 1621, 1622, or 1623, for failing to recite or acknowledge any protected information with respect to the offense or respond to any inquiry made of the petitioner, relating to the protected information, for any purpose. (d) Attorney General nonpublic records The Attorney General— (1) shall maintain a nonpublic record of all protected information that has been sealed under this subchapter; and (2) may access or utilize protected information only— (A) for legitimate investigative purposes; (B) in defense of any civil suit arising out of the facts of the arrest or subsequent proceedings; or (C) if the Attorney General determines that disclosure is necessary to serve the interests of justice, public safety, or national security. (e) Law enforcement access A Federal or State law enforcement agency may access a record that is sealed under this subchapter solely— (1) to determine whether the individual to whom the record relates is eligible for a first-time-offender diversion program; (2) for investigatory, prosecutorial, or Federal supervision purposes; or (3) for a background check that relates to law enforcement employment or any employment that requires a government security clearance. (f) Prohibition on disclosure (1) Prohibition Except as provided in paragraph (3), it shall be unlawful to intentionally make or attempt to make an unauthorized disclosure of any protected information from a record that has been sealed under this subchapter. (2) Penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned for not more than 1 year, or both. (3) Exceptions (A) Background checks An individual who is the subject of a record sealed under this subchapter shall, and a Federal or State law enforcement agency that possesses such a record may, disclose the record in the case of a background check for— (i) law enforcement employment; or (ii) any position that a Federal agency designates as a— (I) national security position; or (II) high-risk, public trust position. (B) Disclosure to Armed Forces A person may disclose protected information from a record sealed under this subchapter to the Secretaries of the military departments (or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) for the purpose of vetting an enlistment or commission, or with regard to any member of the Armed Forces. (C) Criminal and juvenile proceedings A prosecutor may disclose protected information from a record sealed under this subchapter if the information pertains to a potential witness in a Federal or State— (i) criminal proceeding; or (ii) juvenile delinquency proceeding. (D) Authorization for individual to disclose own record An individual who is the subject of a record sealed under this subchapter may choose to disclose the record. . (b) Applicability The right to file a sealing petition under section 3642(a) of title 18, United States Code, as added by subsection (a), shall apply with respect to a qualifying offense (as defined in section 3641(a) of such title) that is committed or alleged to have been committed before, on, or after the date of enactment of this Act. (c) Transition period for hearings deadline During the 1-year period beginning on the date of enactment of this Act, section 3642(b)(2)(A) of title 18, United States Code, as added by subsection (a), shall be applied by substituting 1 year for 180 days . (d) Technical and conforming amendment The table of subchapters for chapter 229 of title 18, United States Code, is amended by adding at the end the following: E. Sealing of Criminal Records 3641 . 3. State incentives (a) COPS grants priority Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking or at the end; (B) in paragraph (3), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (4) subject to subsection (n), from an applicant in a State that has in effect— (A) a law relating to the sealing of adult records that is substantially similar to, or more generous to the former offender than, the amendments made by section 2 of the Clean Start Act of 2022 ; or (B) a law that allows an individual who has successfully sealed a criminal record to be free from civil and criminal perjury laws. ; and (2) by adding at the end the following: (n) Degree of priority relating to sealing laws commensurate with degree of compliance If the Attorney General, in awarding grants under this part, gives preferential consideration to any application as authorized under subsection (c)(4), the Attorney General shall base the degree of preferential consideration given to an application from an applicant in a particular State on the number of subparagraphs under subsection (c)(4) that the State has satisfied, relative to the number of such subparagraphs that each other State has satisfied. . (b) Attorney General guidelines and technical assistance The Attorney General shall issue guidelines and provide technical assistance to assist States in complying with the incentive under paragraph (4) of section 1701(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(c) ), as added by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s5146is/xml/BILLS-117s5146is.xml |
117-s-5147 | II 117th CONGRESS 2d Session S. 5147 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate the Staten Island Unit of the Gateway National Recreation Area as the Senator James L. Buckley Seashore .
1. Short title This Act may be cited as the Senator James L. Buckley Seashore Designation Act . 2. Designation of Senator James L. Buckley Seashore (a) Designation The Staten Island Unit of the Gateway National Recreation Area described in subsection (a)(4) of the first section of Public Law 92–592 ( 16 U.S.C. 460cc ) is designated as the Senator James L. Buckley Seashore . (b) References Any reference in a law, map, regulation, document, record, or other paper of the United States to the unit of the Gateway National Recreation Area described in subsection (a) shall be considered to be a reference to the Senator James L. Buckley Seashore . | https://www.govinfo.gov/content/pkg/BILLS-117s5147is/xml/BILLS-117s5147is.xml |
117-s-5148 | II 117th CONGRESS 2d Session S. 5148 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Ms. Ernst (for herself, Mr. Tester , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To end unemployment payments to jobless millionaires.
1. Short title This Act may be cited as the Ending Unemployment Payments to Jobless Millionaires Act of 2022 . 2. Ending unemployment payments to jobless millionaires (a) Prohibition Notwithstanding any other provision of law, no Federal funds may be used to make payments of unemployment compensation (including such compensation under the Federal-State Extended Compensation Act of 1970) in a year to an individual whose adjusted gross income is equal to or greater than $1,000,000. (b) Compliance Any application for unemployment compensation shall include a form or procedure for an individual applicant to certify that such individual is not prohibited from receiving unemployment compensation pursuant to subsection (a). (c) Audits The certifications required by subsection (b) shall be auditable by the Department of Labor or the Government Accountability Office. (d) Effective date The prohibition under subsection (a) shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5148is/xml/BILLS-117s5148is.xml |
117-s-5149 | II 117th CONGRESS 2d Session S. 5149 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Rounds (for himself and Mr. Risch ) 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 exclude independent agents and brokers from requirement to record calls with beneficiaries under the Medicare Advantage and Prescription Drug Benefit programs.
1. Excluding independent agents and brokers from requirement to record calls with beneficiaries under Medicare Advantage and Prescription Drug Benefit programs (a) Medicare advantage program Section 1851(h) of the Social Security Act ( 42 U.S.C. 1395w–21(h) ) is amended by adding at the end the following new paragraph: (8) Exclusion of independent agents and brokers from requirement to record calls with beneficiaries The requirement described in paragraph (g)(2)(ii) of section 422.2274 of title 42, Code of Federal Regulations, or any successor regulation (relating to recording calls with beneficiaries), shall not apply to an agent or broker appointed in accordance with paragraph (7)(A). . (b) Prescription drug benefit program Section 1860D–4(l) of the Social Security Act ( 42 U.S.C. 1395w–104(l) ) is amended— (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately; (2) by striking activities .—The following provisions and inserting “ activities .— (1) In general The following provisions ; and (3) by adding at the end the following new paragraph: (2) Exclusion of independent agents and brokers from requirement to record calls with beneficiaries The requirement described in paragraph (g)(2)(ii) of section 423.2274 of title 42, Code of Federal Regulations, or any successor regulation (relating to recording calls with beneficiaries), shall not apply to an agent or broker appointed in accordance with section 1851(h)(7)(A), as applied under paragraph (1)(D). . (c) Effective date The amendments made by this section shall apply to plan years beginning on or after January 1, 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s5149is/xml/BILLS-117s5149is.xml |
117-s-5150 | II 117th CONGRESS 2d Session S. 5150 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Murphy (for himself 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 amend the Public Health Service Act to provide additional transparency and consumer protections relating to medical debt collection practices.
1. Short title This Act may be cited as the Strengthening Consumer Protections and Medical Debt Transparency Act . 2. Medical debt collections (a) In general Part C of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–91 et seq. ) is amended by adding at the end the following: 2795. Medical debt collections (a) Definitions (1) In general In this section: (A) Database The term database means the medical debt collection database established under subsection (e). (B) Debt collector The term debt collector has the meaning as defined under the Fair Debt Collection Practices Act. (C) Extraordinary collection action The term extraordinary collection action is as defined for purposes of section 501(r) of the Internal Revenue Code of 1986 (as in effect on the date of enactment of this section). (D) Health care entity The term health care entity means an entity defined pursuant to paragraph (2). (E) Medical debt The term medical debt means debt arising from a patient's receipt of medical services, products, or devices. (2) Health care entity For purposes of this section, the Secretary shall develop a definition of the term health care entity that shall include— (A) nonprofit, for-profit, critical access, and cancer hospitals, including hospital-owned facilities; (B) independently licensed outpatient, ambulatory, behavioral, optical, radiology, laboratory, dental, emergency departments, and urgent care centers; (C) physician group practices, with an exemption for small practices, as determined by the Secretary; (D) physician staffing firms or physician services companies; (E) nursing home, skilled nursing and long-term care facilities; (F) any health care agent of an entity described in this paragraph; and (G) other entities as specified by the Secretary. (b) Requirements and prohibitions (1) Debt collection A health care entity, or its debt collector, shall not commence, or shall halt, an extraordinary collection action with respect to a patient if the entity or its designee is notified by any party that a health insurance appeal is pending. (2) Determination of eligibility for assistance A health care entity, or its debt collector, shall not commence any extraordinary collection actions with respect to a patient until the entity determines whether the patient qualifies for assistance, either through enrollment in a Federal or State program or through the entity’s charity care or financial assistance policy, with respect to such debt. The entity shall refer such patient to any such assistance where available. (3) Prohibition on extraordinary collection With respect to medical debt collection relating to a patient, a health care entity, or its debt collector, shall not take any extraordinary collection actions (including an action described in sections 1.501(r)–6(a)(2) of title 26, Code of Federal Regulations (as in effect on the date of enactment of this section)) until the expiration of the 180-day period beginning on the date on which the initial bill is sent to the patient, or a later date if applicable. (4) Providing information to patients A health care entity or its debt collector shall provide a patient with— (A) an easy-to-understand itemized statement of the medical debt owed by the patient to the health care entity prior to such entity, or the debt collector acting on behalf of the entity, commencing collection activities relating to such debt; (B) a copy of the detailed receipts of any payments made to the entity or its debt collector by the patient relating to the medical debt involved within 30 days of such payments; and (C) information about the availability of language-assistance services for individuals with limited English proficiency (LEP). (5) Limitation on recovery by nonprofit entities A health care entity that is a nonprofit entity, or its debt collector, shall not collect amounts for the medical debt of a patient who is not enrolled in health insurance coverage, that are in excess of the amount generally billed, as described in sections 1.501(r)–1(b)(1) and 1.501(r)–5(b) of title 26, Code of Federal Regulations. (6) Requirement of health care entity or its debt collector Prior to commencing any debt collection activity with respect to a medical debt, the health care entity or its debt collector shall make all reasonable efforts to confirm the identity of the debtor. (7) Limit on medical debt interest The interest rate growth applied with respect to any medical debt collected under this section shall be set forth on the initial medical bill, but shall not exceed 5 percent annually or the annual rate set forth under section 1961 of title 28, United States Code, for the calendar week preceding the date of the initial medical bill plus 2 percent, whichever is lower. This subsection shall not be construed to limit assistance or a lower interest rate for a patient who is otherwise eligible for financial assistance. (c) Penalties Except as provided in this section, a health care entity, or its debt collector, that fails to comply with any provision of this section with respect to a patient shall be liable to such patient for damages in an amount equal to the sum of— (1) any actual damages sustained by such patient as a result of such failure to comply; (2) in the case of an action commenced— (A) by an individual, any additional damages as the court may permit, but not to exceed $1,000 for each failure to comply; or (B) by a class of patients— (i) such amount for each named plaintiff as could be recovered under paragraph (1) and subparagraph (A); and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $2,000,000 or 1 percent of the annual net income of the covered provider; and (3) in the case of any successful action under this section, the costs of the action, together with a reasonable attorney’s fee as determined appropriate by the court. (d) Establishment of database (1) In general The Secretary shall establish and regularly update a medical debt collection public database. (2) Required information Not later than 12 months after the date of enactment of this section, and annually thereafter, a health care entity shall submit to the database a debt collection report that shall include— (A) the name and contact information of any debt collector owned, utilized, or retained by the entity or to which the entity assigned or sold medical debt during the year; (B) a description, or link to such description, of the processes and policies of the entity for assigning a medical debt to the debt collector and for compensating such collector for services provided to the entity; (C) the type and number of extraordinary collection practices the entity, or debt collector reported by the entity pursuant to subparagraph (A), undertakes or seeks to undertake, such as wage garnishment, bank account attachments, liens, arrest warrants, reporting to a consumer reporting agency, and lawsuits; (D) the breakdown, by race and ethnicity, gender, and ZIP Code of residence, of medical debt collection accounts referred to a debt collector; (E) the breakdown, by race or ethnicity, gender, and ZIP Code of residence, against whom the health entity, or a debt collector used by the health entity, filed an action to collect a debt owed on a medical bill; (F) the breakdown, by race or ethnicity, gender, and ZIP Code of residence, of medical debt collection accounts the health entity has and has not reported or classified as bad debt; (G) the total dollar amount of the cost of charges for health care services provided to patients but not collected by the health entity for patients covered by insurance, including the out-of-pocket costs for patients covered by insurance, and patients without insurance; (H) the recovery rate on medical debt collection cases assigned to the debt collector, as defined by the Secretary; (I) the number of bills paid using a credit card; and (J) any other information determined appropriate by the Secretary. (3) Availability of information The information contained in the database shall be available on a public, searchable internet website regularly updated by the Secretary. The Secretary shall annually publish a public list on HHS.gov of any health care entity that fails to submit such required information. (4) CFPB report Not later than 12 months after the expiration of two annual reporting periods under paragraph (2), the Director of the Consumer Financial Protection Bureau shall submit to Congress a report containing an analysis of the reports submitted under that paragraph and an explanation of whether the findings based on the database under this subsection are a useful tool for the agency’s Supervision of Nondepository Covered Persons, including the Risk-Based Supervision Program (under section 1024 of Public Law 111–203 ). Such report shall include recommendations to improve the disclosures by health care entities for the purposes of supervising the medical debt industry, including for predictive analytics, machine learning, or other analysis techniques used in its Risk-Based Supervision Program. . (b) CFPB report Not later than 12 months after the date of enactment of this Act, and every 2 years thereafter, the Consumer Financial Protection Bureau shall publicly report on medical debt collections, incorporating data from the medical debt collection public database established pursuant to section 2795(a) of the Public Health Service Act, anonymized data from the three largest credit bureaus, the Consumer Financial Protection Bureau database of consumer complaints, information from the Consumer Financial Protection Bureau's Supervision of Nondepository Covered Persons program including the Risk-Based Supervision Program, and relevant complaints and information from other sources as available. | https://www.govinfo.gov/content/pkg/BILLS-117s5150is/xml/BILLS-117s5150is.xml |
117-s-5151 | II 117th CONGRESS 2d Session S. 5151 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit individuals and entities from owning more than 100 single-family residences, and for other purposes.
1. Short title This Act may be cited as the End Hedge Fund Control of American Homes Act . 2. Excise tax on certain taxpayers failing to sell excess single-family residences (a) In general Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 50B Excess single-family residences Sec. 5000E. Excess single-family residences. 5000E. Excess single-family residences (a) In general In the case of any covered taxpayer who fails to meet the requirement of subsection (b) for any taxable year, there is hereby imposed a tax equal to the product of— (1) $20,000, and (2) the excess of— (A) the number of single-family residences owned by the taxpayer as of the last day of the taxable year, over (B) 100. (b) Requirement A covered taxpayer meets the requirements of this section for any taxable year if the number of single-family residences owned by the covered taxpayer as of the last day of the taxable year is equal to or less than 90 percent of the number of single family homes owned by the covered taxpayer as of the first day of the taxable year. (c) Covered taxpayer For purposes of this section— (1) In general The term covered taxpayer means, with respect to any taxable year, any person who owns more than 100 single-family residences, as determined on the first day of the taxable year. (2) Exclusions Such term shall not include— (A) a mortgage note holder that owns a single-family residence through foreclosure, (B) a organization which is described in section 501(c)(3) and exempt from tax under section 501(a), (C) any person primarily engaged in the construction or rehabilitation of single-family residences, or (D) any person who owns federally subsidized housing. (3) Aggregation rules (A) In general For purposes of this section, all persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. (B) Modifications For purposes of this paragraph— (i) section 52(a) shall be applied by substituting component members for members , and (ii) for purposes of applying section 52(b), the term trade or business shall include any activity treated as a trade or business under paragraph (5) or (6) of section 469(c) (determined without regard to the phrase To the extent provided in regulations in such paragraph (6)). (C) Component member For purposes of this paragraph, the term component member has the meaning given such term by section 1563(b), except that the determination shall be made without regard to section 1563(b)(2). (d) Other rules and definitions For purposes of this section— (1) Single-family residence The term single-family residence means a residential property consisting of 1-to-4 dwelling units. (2) Own (A) In general The term own , with respect to a single-family residence, means having a direct majority ownership interest in the single-family residence, regardless of the percentage of that ownership interest. (B) Special rule for certain sales (i) In general Notwithstanding subparagraph (A), for purposes of subsections (a)(2)(A) and (b), any single-family residence which is owned by a covered taxpayer as of the first day of the taxable year and which is sold or transferred during such taxable year by the covered taxpayer in a sale or transfer described in clause (ii) shall be treated as a single-family residence which is owned by the covered taxpayer as of the last day of such taxable year. (ii) Sales described A sale or transfer is described in this clause if such sale or transfer is a sale or transfer to— (I) a corporation or entity engaged in a trade or business, (II) a group of more than 2 individuals, or (III) a person who owns any other single-family residence at the time of such sale. (e) Reporting (1) In general The Secretary shall require such reporting as the Secretary determines necessary or appropriate to carry out the purposes of this section, including reporting with respect to whether any person acquiring a single-family residence from a covered taxpayer owns any other single-family residences at the time of the acquisition. (2) Failure to report (A) In general Any person who fails to report information required under paragraph (1) or who fails to include correct information in such report shall pay a penalty of $20,000. (B) Reasonable cause waiver No penalty shall be imposed under this paragraph with respect to any failure if it is shown that such failure is due to reasonable cause and not to willful neglect. (C) Treatment of penalty The penalty under this paragraph shall be paid upon notice and demand by the Secretary, and shall be assessed and collected in the same manner as an assessable penalty under subchapter B of chapter 68. . (b) Certification (1) In general The reporting required under section 5000E(a) of the Internal Revenue Code of 1986, as added by this section, shall include a certification from each individual to whom a single-family residence is sold or transferred from a covered taxpayer. (2) Form of certification The certification required under this subsection shall be signed by the purchaser or transferee and state the following: (A) The name and address of the purchaser or transferee. (B) The sale is not a sale described in section 5000E(d)(2)(B)(ii) of the Internal Revenue Code of 1986. (C) The purchaser or transferee will be subject to the penalty imposed under section 5000E(e)(2) of such Code for any false certification. (3) Definitions Any term used in this subsection which is used in section 5000E of the Internal Revenue Code of 1986 shall have the meaning give such term under such section. (c) Clerical amendment The table of chapters for subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Chapter 50B—Excess single-Family residences . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 3. Use of tax revenues for down payment assistance grants (a) Establishment of housing trust fund (1) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Housing Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Housing Trust Fund (hereinafter in this section referred to as the Trust Fund ), consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section and section 9602(b). (b) Transfers to Trust Fund There are hereby appropriated to the Housing Trust Fund amounts equivalent to revenues received in the Treasury from the tax imposed by section 5000E. (c) Expenditures from Trust Fund Amounts in the Housing Trust Fund shall be available, as provided in appropriations Acts, only for grants under section 3(b) of the End Hedge Fund Control of American Homes Act . . (2) Clerical amendment The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: (b) Grants program for down payment assistance programs (1) Establishment The Secretary of Housing and Urban Development shall establish a program under which the Secretary makes grants to State housing finance agencies to establish new or supplement existing programs that provide down payment assistance to families purchasing homes within the State. (2) Priority A State housing finance agency that receives a grant under this section shall give priority to families seeking assistance to purchase any single-family residence that is sold or transferred by a covered taxpayer (as defined in section 5000E(c) of the Internal Revenue Code of 1986, as added by section 2). | https://www.govinfo.gov/content/pkg/BILLS-117s5151is/xml/BILLS-117s5151is.xml |
117-s-5152 | II 117th CONGRESS 2d Session S. 5152 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To foster transparent crime data, to discourage no-cash bail, and for other purposes.
1. Short title This Act may be cited as the Concerned Citizens Bill of Rights Act . 2. Definitions In this Act— (1) the term covered grant means— (A) a grant awarded under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ); and (B) a grant awarded under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. ); (2) the term criminal courts — (A) means any court of a State or unit of local government having jurisdiction over criminal matters; and (B) includes the judicial officers serving in a court described in subparagraph (A), including judges, magistrate judges, commissioners, justices of the peace, or any other person with decision-making authority; (3) the term jail means any confinement facility of a State or unit of local government, whether administered by such government or by a private organization on behalf of such government; (4) the term money bail means any condition of release from confinement that imposes a financial burden on the person released; (5) the term prosecution office means any public agency charged with direct responsibility for prosecuting criminal offenders, including any component bureau of such an agency; and (6) the terms State and unit of local government have the meanings given such terms in section 901(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251(a) ). 3. Crime wave transparency (a) In general Each State or unit of local government shall— (1) fully and accurately report information required by the National Incident-Based Reporting System of the Federal Bureau of Investigation; (2) not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing— (A) any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which requires or results in the nonenforcement of any criminal offenses within such jurisdiction; (B) any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which requires or results in the nonprosecution of any criminal offenses within such jurisdiction; (C) any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which has the effect of withdrawing law enforcement protection from a geographical area or structure that law enforcement officers are lawfully entitled to access; (D) the number of criminal offenses declined to be prosecuted, disaggregated by each criminal offense; (E) average sentences for filed criminal charges which resulted in punishment, disaggregated by length of sentence issued after a plea of guilty or plea of nolo contendere, length of sentence issued after guilt was determined by trial, and obligations placed on a defendant as a result of pretrial diversion; and (F) the average sentences imposed for each crime within the jurisdiction of the State or unit of local government, and the average sentences actually served, disaggregated by each criminal offense; (3) not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing efforts to reduce crime within the jurisdiction of the State or unit of local government, which shall include a discussion of— (A) ongoing strategies to reduce the number of criminal offenses committed within the jurisdiction of the State or unit of local government; (B) ongoing efforts to hire and retain law enforcement officers; (C) ongoing strategies to combat anti-police sentiment; (D) ongoing strategies to prevent repeat offenses by violent offenders; and (E) ongoing strategies to increase prosecution of crime within its jurisdiction; and (4) not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing the criminal offenses committed by persons who have been released from jail on pretrial release, which shall include crime data, in compliance with the requirements of the National Incident-Based Reporting System, for individuals who have been released from jail on pretrial release that have been arrested or charged with a felony or violent misdemeanor committed after pretrial release. (b) Enforcement through reduction in grant funds For any fiscal year beginning on or after the date of enactment of this Act, a State or unit of local government that fails to comply with subsection (a) shall be subject to a 20-percent reduction in the amount that would otherwise be made available to the State or unit of local government under covered grants. (c) Use of amounts Amounts not allocated to a State or unit of local government under a covered grant under subsection (b) for failure to fully comply with subsection (a) shall be reallocated under the applicable covered grant program to States or units of local government that have not failed to comply with subsection (a). (d) Report Not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, the Attorney General shall publish a report listing each State or unit of local government that is not in compliance with subsection (a). (e) Online information The Attorney General shall maintain a public website on which each report required under subsection (a) or (d) may be accessed in an electronically searchable format. (f) Monitoring In order to ensure that the reports required under subsection (a) are true and correct, the Attorney General shall monitor and assess the accuracy of the reports required under section (a), which shall include conducting audits. 4. Crime Identification Technology Act of 1998 Section 102(b) of the Crime Identification Technology Act of 1998 ( 34 U.S.C. 40301(b) ) is amended— (1) by redesignating paragraphs (1) through (18) as subparagraphs (A) through (R), respectively, and by moving such subparagraphs 2 ems to the right; (2) in the matter preceding subparagraph (A), as so redesignated, by striking may be used for programs and all that follows and inserting “may be used— (1) for programs to establish, develop, update, or upgrade— ; (3) in paragraph (1)(R), as so designated, by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (2) to assist units of local government that have a population of less than 150,000 in complying with the reporting requirements under section 3(a) of the Concerned Citizens Bill of Rights Act. . 5. Defunding no cash bail (a) In general In order to be eligible to receive any amounts under a covered grant, a State or unit of local government shall, not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a certification that— (1) the State or unit of local government does not have in effect a law, rule, policy, or practice that prohibits criminal courts from— (A) imposing money bail for any felony or any violent misdemeanor offense; or (B) taking the criminal history and dangerousness of the defendant into account when setting money bail for any felony or violent misdemeanor offense; and (2) prosecution office of the State or unit of local government does not have in effect a law, rule, policy, or practice of prohibiting the imposition of money bail for any felony or violent misdemeanor offense. (b) Use of amounts Amounts not allocated to a State or unit of local government under a covered grant for failure to fully comply with subsection (a) shall be reallocated under the applicable covered grant program to States or units of local government that have not failed to comply with subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s5152is/xml/BILLS-117s5152is.xml |
117-s-5153 | II 117th CONGRESS 2d Session S. 5153 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend title 18, United States Code, to require certain notice requirements by law enforcement officers of the Environmental Protection Agency before executing and serving warrants.
1. Powers of the Environmental Protection Agency Section 3063 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (2) by adding at the end the following: (c) The guidelines approved under subsection (b) shall require that a law enforcement officer described in subsection (a) provide notice to appropriate State and local law enforcement agencies before executing and serving any warrant. . | https://www.govinfo.gov/content/pkg/BILLS-117s5153is/xml/BILLS-117s5153is.xml |
117-s-5154 | II 117th CONGRESS 2d Session S. 5154 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Van Hollen introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To promote the African Continental Free Trade Area, and for other purposes.
1. Short title This Act may be cited as the Strengthening the African Continental Free Trade Area Act of 2022 or the Strengthening the AfCFTA Act of 2022 . 2. Findings Congress finds the following: (1) By 2035, the gross domestic product of African countries is projected to increase by $450,000,000,000 with the implementation of the AfCFTA and lift 30,000,000 Africans out of extreme poverty while boosting the wages of African women and unskilled workers in particular, according to World Bank estimates. (2) According to the World Bank, the total intracontinental exports from African countries would increase by 81 percent under the AfCFTA. By economic sector, the AfCFTA is expected to be especially important for expanding manufacturing, by increasing intracontinental manufacturing exports by 110 percent, which will diversify African economies and decrease the reliance of such economies upon extracting natural resources. (3) The AfCFTA will also increase African manufacturing exports to the rest of the world by 46 percent. As a result of the AfCFTA creating new commercial opportunities and diversifying global supply chains, the rest of the world’s gross domestic product is expected to increase by $76,000,000,000. 3. Statement of policy It is the policy of the United States to— (1) support the African Union’s Agenda 2063 efforts to promote regional economic development, diversification, and integration by stimulating greater trade and investment among African countries and between Africa and the global trade partners of Africa, notably including greater collaboration with the United States; (2) partner with the African Union Commission, African Union entities such as the African Continental Free Trade Area Secretariat, regional economic communities, and other intergovernmental African organizations to bolster trade and investment at the regional, intracontinental, and international levels; (3) increase opportunities for trade and investment between African countries and United States businesses, including those owned by members of the African diaspora, thereby contributing to potential United States economic growth; and (4) promote the goals of the African Continental Free Trade Area (AfCFTA), formed by the Agreement Establishing the African Continental Free Trade Area, done at Kigali, Rwanda on March 21, 2018, to simplify and expedite trade and investment among African countries and expand commercial opportunities for underserved groups, women, and youth entrepreneurs. 4. Strategy to promote the African Continental Free Trade Area (a) Development of strategy (1) United States Trade Representative The President shall, using existing interagency trade policy development and coordination authority and mechanisms, direct the United States Trade Representative to develop a 10-year Federal strategy to promote the AfCFTA to achieve the following goals: (A) Improving the efficacy, efficiency, and coordination of development aid and technical assistance from the United States focusing on trade capacity building that is provided to African countries, regional communities, and intergovernmental or multinational entities, including to the AfCFTA Secretariat. (B) Implementing trade policy priorities of the AfCFTA developed in coordination with continental, regional, and country partners in Africa. (2) Elements The strategy developed pursuant to paragraph (1) shall include policy or program plans to accomplish the following: (A) Increasing the volume and velocity of goods and services trade between African countries by improving customs operations, which may include— (i) providing support for increased automation or online processing of customs and cross-border trade-related tasks; and (ii) supporting efforts— (I) to ensure adequate access to reliable electrical power supplies and internet access to foster digitalization where necessary; and (II) to provide paper-based or other applicable technical alternatives at border crossings where electricity or internet access is unreliable or unavailable, including in coordination with the Power Africa initiative of the United States where applicable. (B) Expanding trade capacities and supporting trade-related infrastructure development, prioritizing major intra-African trade corridors. (C) Supporting the implementation and success of the AfCFTA and its goals as identified in consultation with African counterparts at the continental, regional, and country level, including by— (i) advancing African regional and intracontinental alignment of trade-related legal and administrative procedures; (ii) strengthening the technical capacity of the AfCFTA Secretariat; and (iii) promoting the development and expansion of African regional economic communities as they pertain to fostering trade, including through direct consultation and partnership with the AfCFTA Secretariat. (D) Improving the efficacy of trade capacity building by the United States to support the implementation of the AfCFTA, as appropriate, by preventing duplication of or incompatibility between the assistance activities of other major donors (such as nongovernmental organizations, other countries, and intergovernmental organizations) and the policies and projects included in the strategy. (E) Enabling more effective and inclusive participation of stakeholders, including those representing workers, environmental sustainability, women, youth, or marginalized or underrepresented groups, in the negotiation and implementation of the AfCFTA. (F) Increasing trade and investment by the United States to expand African regional value chains, especially as it relates to increasing manufacturing and production in Africa in industries expected to grow with the implementation of the AfCFTA. (G) Evaluating the industries in which the United States has a comparative advantage in Africa relative to other countries and promoting trade and investment within those industries, especially in industries expected to grow with the implementation of the AfCFTA. (3) Biennial updates The strategy required under paragraph (1) shall be updated biennially. (4) Prior approval The strategy required under paragraph (1) and any update to that strategy under paragraph (3) may only be developed through prior consultation with, and submitted with the approval of, the Trade Policy Staff Committee. (5) Consultation In developing the strategy required under paragraph (1) and any update to that strategy under paragraph (3), the United States Trade Representative shall, as appropriate and practicable, consult with— (A) stakeholders in the United States and in Africa from the private sector, civil society, and African diaspora; (B) relevant African Union entities such as the AfCFTA Secretariat; (C) State, local, and Tribal governments; and (D) development agencies and entities of the United States not represented on the Trade Policy Staff Committee, such as the Prosper Africa Initiative, the Millennium Challenge Corporation, and the United States International Development Finance Corporation. (b) Initial report Not later than 270 days after the date of the enactment of this Act, the President shall (subject to the prior approval required under subsection (a)(4)) submit to the relevant congressional committees an initial report that includes the strategy required under subsection (a) and an implementation plan for that strategy that includes each of the following: (1) The rationale, objectives, and anticipated manner of implementation of the strategy. (2) The anticipated role of each agency represented in the Trade Policy Staff Committee in the implementation of the strategy. (3) A summary of the current trade capacity-building programs, projects, and activities of the United States in support of the AfCFTA as of the date of the submission of the report, and the relationships between such programs, projects, and activities and the objectives of the strategy. (4) Any gaps, inefficiencies, or unmet needs identified in the course of preparing the summary described in paragraph (3). (5) Qualitative and quantitative goals and metrics for the implementation of the strategy, including the criteria to be used in monitoring and evaluating progress towards the objectives of the strategy. (6) Recommendations, in consultation with the Director of the Office of Management and Budget, relating to programmatic or appropriations measures that could potentially enhance the implementation of the strategy, including legislative or executive policy changes for such enhanced implementation. (c) Biennial report (1) In general Not later than each of 2, 4, 6, and 8 years after the date of the submission of the initial report required by subsection (b), the President shall submit to the relevant congressional committees a report containing revisions and updates to the strategy required under subsection (a) and an assessment of the progress made in implementing the strategy as described in such initial report. (2) Elements Each report required by paragraph (1) shall include each of the following: (A) A description of the obligation and expenditure of all amounts made available to carry out the strategy required under subsection (a) during the preceding 2 fiscal years, disaggregated by fiscal year, account, and activity. (B) Notable successes and challenges relating to the implementation of the strategy. (C) An evaluation of the progress toward achieving the qualitative and quantitative goals and metrics included in the initial report required by subsection (b) pursuant to paragraph (5) of that subsection. (D) Any updates and revisions made to the criteria described in subsection (b)(5) and included in the initial report. (E) Updated recommendations as described in subsection (b)(6). (d) Final report (1) In general Not later than 10 years after the date of the submission of the initial report required by subsection (b), the President shall submit to the relevant congressional committees a report that assesses progress of the strategy required by subsection (a) during the 10-year period preceding the date of the report. (2) Elements The report required by paragraph (1) shall include each of the following: (A) An assessment of the progress made in the implementation of the strategy required by subsection (a) during the 10-year period preceding the date of the report with respect to each of the goals described in subsection (a)(1), including with respect to the qualitative and quantitative goals and metrics included in the initial report pursuant to subsection (b)(5) and using the criteria described in such subsection (b)(5). (B) An assessment of the successes, challenges, and effectiveness of the strategy. (C) Recommended legislative or administrative policy changes relevant to addressing any gaps, policy or program shortcomings, or other outstanding challenges relating to the goals of the strategy, along with descriptions of prospective follow-up activities necessary to address those challenges. (D) Recommendations relating to fostering further synergies between implementation of activities, as relevant and appropriate, relating to the African Growth and Opportunity Act ( 19 U.S.C. 3701 et seq. ), the AfCFTA, and any other trade policy initiatives of the United States towards Africa, including types of activities and expected outcomes based on the implementation of the strategy. (E) A detailed description of the expenditure of all amounts authorized to implement the strategy throughout the 10-year period, including amounts appropriated pursuant to the authorization under section 5(c), disaggregated by fiscal year, account, and activity. (e) Publication Each report required by this section shall be submitted in unclassified form and may include a classified annex. The unclassified portion of each such report shall be posted on publicly available websites of the Office of the United States Trade Representative. 5. AfCFTA Trade Capacity Building Program (a) Trade capacity building implementation The Administrator of the United States Agency for International Development shall establish an AfCFTA Trade Capacity Building Program (in this section referred to as the Program ) to support the implementation of the strategy required by section 4(a) through existing authorities granted by the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), in collaboration with continental, regional, and country partners in Africa. (b) Matters To be included In carrying out the Program, the Administrator— (1) may designate the Prosper Africa Initiative to administer the Program; (2) may support multi-year and renewable activities with the Program; (3) shall consult with the United States Trade Representative in making programmatic decisions; and (4) shall receive approval from the Trade Policy Staff Committee for all activities for which funds are planned to be made available (including any transfers to other Federal departments, agencies, or entities) in a fiscal year from the Program before the start of such fiscal year. (c) Authorization of appropriations There is authorized to be appropriated $200,000,000 for each of fiscal years 2025 through 2034 for the United States Agency for International Development to carry out the Program. Amounts so authorized— (1) shall be in addition to amounts otherwise authorized for existing projects, programs, and activities that support the goals of the Program; (2) may also be made available for consulting or technical services, equipment, new personnel, or other project-related administrative expenses associated with the development, implementation, and reporting requirements of the strategy required by section 4(a); and (3) are authorized to be transferred from the United States Agency for International Development to other appropriate Federal departments or agencies to the extent provided in advance by appropriations Acts. 6. Rule of construction Nothing in this Act may be construed to— (1) limit any authority or responsibility of the United States Trade Representative relating to the establishment or implementation of the trade policies of the United States (including under section 141 of the Trade Act of 1974 ( 19 U.S.C. 2171 )); or (2) transfer any such authority or responsibility to the Administrator of the United States Agency for International Development. 7. Definitions In this Act: (1) A f CFTA The term AfCFTA means the African Continental Free Trade Area authorized to be created under the Agreement Establishing the African Continental Free Trade Area, adopted by its African Union signatories in Kigali, Rwanda, on March 21, 2018. (2) Relevant congressional committees The term relevant congressional committees means the following: (A) The Committee on Foreign Relations, the Committee on Finance, and the Committee on Appropriations of the Senate. (B) The Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives. (3) Trade Policy Staff Committee The term Trade Policy Staff Committee means the interagency organization established under section 242(a) of the Trade Expansion Act of 1962 ( 19 U.S.C. 1872(a) ). | https://www.govinfo.gov/content/pkg/BILLS-117s5154is/xml/BILLS-117s5154is.xml |
117-s-5155 | II 117th CONGRESS 2d Session S. 5155 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Durbin (for himself, Ms. Warren , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the Proprietary Education Interagency Oversight Coordination Committee and facilitate the disclosure and reporting of information regarding complaints and investigations related to proprietary institutions of higher education eligible to receive Federal education assistance.
1. Short title This Act may be cited as the Proprietary Education Interagency Oversight Coordination Improvement Act . 2. Definitions In this Act: (1) Accrediting agency The term accrediting agency means a private educational association that acts as a reliable authority on the quality of education or training provided by an institution of higher education and is recognized by the Secretary of Education under section 496 of the Higher Education Act of 1965 ( 20 U.S.C. 1099b ). (2) Executive officer The term executive officer , with respect to a proprietary institution of higher education that is a publicly traded corporation, means— (A) the president of such corporation; (B) a vice president of such corporation who is in charge of a principal business unit, division, or function of such corporation, such as sales, administration, or finance; or (C) any other officer or person who performs a policy making function for such corporation, including an executive officer of a subsidiary of the corporation if the officer performs a policy making function for the corporation. (3) Federal education assistance The term Federal education assistance when used with respect to a proprietary institution of higher education, means Federal funds that are disbursed or delivered to or on behalf of a student to be used for tuition, fees, instruction, or any component of the student's cost of attendance (as defined in section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll )) to attend such institution. (4) Institutional debt The term institutional debt means any debt owed by a student or the parent of a student to an institution of higher education, including— (A) debt owed through a private loan program or income share agreement operated by the institution; (B) debt owed from a return of student assistance made, insured, or guaranteed under title IV of the Higher Education Act 1965 ( 20 U.S.C. 1070 et seq. ) to the Department of Education; and (C) debt owed from the student’s nonpayment of institutional charges or fees. (5) Private education loan The term private education loan means— (A) a loan provided by a private educational lender (as defined in section 140(a) of the Truth in Lending Act ( 15 U.S.C. 1650(a) )) that— (i) is not made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (ii) is issued expressly for postsecondary educational expenses to a borrower, regardless of whether the loan is provided through the educational institution that the subject student attends or directly to the borrower from the private educational lender (as so defined); and (iii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act ( 42 U.S.C. 292 et seq. and 296 et seq.); and (B) does not include an extension of credit under an open end consumer credit plan, a reverse mortgage transaction, a residential mortgage transaction, or any other loan that is secured by real property or a dwelling. (6) Proprietary institution of higher education The term proprietary institution of higher education has the meaning given the term in section 102(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(b) ). (7) Recruiting and marketing activities (A) In general Except as provided in subparagraph (B), the term recruiting and marketing activities means activities that consist of the following: (i) Advertising and promotion activities, including paid announcements in newspapers, magazines, radio, television, billboards, electronic media, naming rights, or any other public medium of communication, including paying for displays or promotions at job fairs, military installations, or college recruiting events, that are made directly or indirectly to a student, a prospective student, the public, an accrediting agency, a State agency, or to the Secretary by an institution of higher education, one of its representatives, or any person with whom the institution has an agreement to provide educational programs, advertising, or admissions services. (ii) Misleading statement, misrepresentation, and substantial misrepresentation (as defined in section 668.71(c) of title 34, Code of Federal Regulations, or any successor regulation). (iii) Efforts to identify and attract prospective students, either directly or through a contractor or other third party, including contact concerning a prospective student’s potential enrollment or application for a grant, a loan, or work assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) or participation in preadmission or advising activities, including soliciting an individual to provide contact information to an institution of higher education, including through websites established for such purpose and funds paid to third parties for such purpose. (iv) Such other activities as the Secretary of Education may prescribe, including paying for promotion or sponsorship of education or military-related associations. (B) Exceptions Any activity that is required as a condition of receipt of funds by an institution under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), is specifically authorized under such title, or is otherwise specified by the Secretary of Education, shall not be considered to be a recruiting and marketing activity under subparagraph (A). (8) State approval agency The term State approval agency means any State agency that determines whether an institution of higher education is legally authorized within such State to provide a program of education beyond secondary education. (9) Veterans service organization The term veterans service organization means an organization that is— (A) recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code; (B) congressionally chartered under title 36, United States Code, and serves or represents veterans; (C) recognized by the Secretary of Veteran Affairs under section 14.628 of title 38, Code of Federal Regulations (or a successor regulation), as a national organization, State organization, tribal organization, or regional or local organization; or (D) an organization that has a record of demonstrating expertise in, assists in, or serves the interests of veterans in education. 3. Establishment of committee (a) Establishment There is established a committee to be known as the Proprietary Education Interagency Oversight Coordination Committee (referred to in this Act as the Committee ) and to be composed of the head (or the designee of such head who is designated under subsection (d)) of each of the following Federal entities: (1) The Department of Education. (2) The Consumer Financial Protection Bureau. (3) The Department of Justice. (4) The Securities and Exchange Commission. (5) The Department of Defense. (6) The Department of Veterans Affairs. (7) The Federal Trade Commission. (8) The Department of Labor. (9) The Internal Revenue Service. (10) At the discretion of the President, any other relevant Federal agency or department. (b) Purposes The Committee shall have the following purposes: (1) To improve enforcement of applicable Federal laws and regulations. (2) To increase accountability of proprietary institutions of higher education to students and taxpayers. (3) To ensure the promotion of quality education programs. (4) To reduce and prevent fraud and abuse by proprietary institutions of higher education. (c) Responsibilities To meet the purposes described in subsection (b), the Committee shall have the following responsibilities: (1) Coordinate administrative oversight of proprietary institutions of higher education— (A) such that the Federal agencies represented on the Committee may develop a memorandum of understanding to specify responsibilities of each such Federal agency in creating the report under section 6; (B) to encourage information sharing among the Federal agencies related to Federal investigations, audits, or inquiries of proprietary institutions of higher education; and (C) to increase coordination and cooperation between Federal and State agencies, including State Attorneys General and State approval agencies, with respect to improving oversight and accountability of proprietary institutions of higher education. (2) Synthesize cross-agency industry data on proprietary institutions of higher education to— (A) develop an annual report under section 6; (B) publish a For-Profit College Warning List for Parents and Students , in accordance with section 7; and (C) develop consistency among Federal and State agencies in the dissemination of consumer information regarding proprietary institutions of higher education to ensure that students, parents, and other stakeholders have easy access to such information. (d) Membership (1) Designees The head of a Federal entity described in subsection (a) may designate a high ranking official of the entity to serve as a designee on the Committee. The designee shall be, whenever possible, the head of the portion of the entity that is most relevant to the purposes described in subsection (b). (2) Chairperson The Secretary of Education or the designee of such Secretary shall serve as the Chairperson of the Committee. (3) Committee support The Chairperson of the Committee shall ensure appropriate staff and officials at the Department of Education are available to support Committee-related work. 4. Meetings and advisory committee (a) Committee meetings The members of the Committee shall meet regularly, but not less than once during each quarter of each fiscal year, to carry out the purposes described in section 3(b) and responsibilities described in section 3(c). (b) Proprietary education oversight advisory committee (1) In general The Committee shall establish a Proprietary Education Oversight Advisory Committee to advise the Proprietary Education Interagency Oversight Coordination Committee that meets not less than twice each fiscal year. (2) FACA applicability The activities of the Proprietary Education Oversight Advisory Committee shall be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). (3) Membership The Proprietary Education Oversight Advisory Committee shall be composed of the following members: (A) State Attorneys General. (B) Representatives from State approval agencies. (C) Representatives from veterans service organizations. (D) Representatives from accrediting agencies. (E) Representatives from civil rights organizations. (F) Representatives from proprietary institutions of higher education. (G) Consumer advocates. (H) Any additional stakeholders deemed relevant by the Proprietary Education Interagency Oversight Coordination Committee to provide input and information to enable the Proprietary Education Interagency Oversight Coordination Committee to carry out the purposes described in section 3(b) and responsibilities in section 3(c). 5. Collection and tracking of complaints (a) In general In consultation with the Committee, the Secretary of Education shall establish a single, toll-free telephone number, a website, and a database (or utilize an existing database) to facilitate the centralized collection of, monitoring of, and response to student complaints regarding the services or activities of any proprietary institution of higher education eligible for Federal education assistance. The Committee shall coordinate with the Federal agencies represented on the Committee to route complaints to such agencies, where appropriate. (b) Routing calls to states To the extent practicable, State approval agencies may receive appropriate complaints from the systems established under subsection (a), if— (1) the State approval agency system has the functional capacity to receive calls or electronic reports routed by the Department of Education systems; (2) the State approval agency has satisfied any conditions of participation in the system that the Department of Education may establish, including treatment of personally identifiable information and sharing of information on complaint resolution or related compliance procedures and resources; and (3) participation by the State approval agency includes measures necessary to provide for protection of personally identifiable information that conform to the standards for protection of the confidentiality of personally identifiable information and for data integrity and security that apply to the Federal agencies described in subsection (c). (c) Data sharing required To facilitate preparation of the reports required under section 6, supervision and enforcement activities, and monitoring of the market for educational services provided by any proprietary institution of higher education eligible for Federal education assistance, the Committee members shall share student complaint information with accrediting agencies, the Federal Trade Commission, other Federal agencies, and State agencies, subject to the standards applicable to Federal agencies for protection of the confidentiality of personally identifiable information and for data security and integrity. The accrediting agencies, the Federal Trade Commission, and other Federal agencies shall share data relating to student complaints regarding educational services provided by any proprietary institution of higher education with the Department of Education, subject to the standards applicable to Federal agencies for protection of confidentiality of personally identifiable information and for data security and integrity. 6. Report (a) In general The Committee shall submit an annual report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Labor of the House of Representatives, and any other committee of Congress that the Committee determines appropriate. (b) Public access The report described in subsection (a) shall be made available to the public in a manner that is easily accessible to parents, students, and other stakeholders. (c) Contents (1) In general The report shall include— (A) a description of the role of each member of the Committee in achieving the purposes described in section 3(b); (B) an accounting of any action taken by the Federal Government, any member entity of the Committee, or a State to enforce Federal or State laws and regulations applicable to a proprietary institution of higher education; (C) a summary of complaints received, resolved, or pending against each proprietary institution of higher education during the applicable year, including— (i) student complaints collected by the complaint system established under section 5 or received by any member entity of the Committee; (ii) any complaint filed by a Federal or State agency in a Federal, State, local, or tribal court; (iii) any administrative proceeding by a Federal or State agency involving noncompliance of any applicable law or regulation; (iv) any other review, audit, or administrative process by any Federal or State agency that results in a penalty, suspension, or termination from any Federal or State program; and (v) any complaint, review, audit, or administrative process initiated against the proprietary institution of higher education by an accrediting agency or any adverse action taken by an accrediting agency during the applicable year; (D) the data described in paragraph (2) and any other data relevant to proprietary institutions of higher education that the Committee determines appropriate; and (E) recommendations of the Committee for such legislative and administrative actions as the Committee determines are necessary to— (i) improve enforcement of applicable Federal laws; (ii) increase accountability of proprietary institutions of higher education to students and taxpayers; (iii) reduce and prevent fraud and abuse by proprietary institutions of higher education; and (iv) ensure the promotion of quality education programs. (2) Data (A) Industry-wide data The report shall include data on all proprietary institutions of higher education that consists of information regarding— (i) the total amount of Federal education assistance that proprietary institutions of higher education received for the previous academic year, and the percentage of the total amount of Federal education assistance provided to institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) for such previous academic year that reflects such total amount of Federal education assistance provided to proprietary institutions of higher education for such previous academic year; (ii) the total amount of Federal education assistance that proprietary institutions of higher education received for the previous academic year, disaggregated by— (I) educational assistance in the form of a loan provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (II) educational assistance in the form of a grant provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (III) educational assistance provided under chapter 33 of title 38, United States Code; (IV) assistance for tuition and expenses under section 2007 of title 10, United States Code; (V) assistance provided under section 1784a of title 10, United States Code; and (VI) Federal education assistance not described in subclauses (I) through (V); (iii) the percentage of the total amount of Federal education assistance provided to institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) for such previous academic year for each of the programs described in subclauses (I) through (VI) of clause (ii) that reflects such total amount of Federal education assistance provided to proprietary institutions of higher education for such previous academic year for each of such programs; (iv) the average retention and graduation rates for students pursuing a degree at proprietary institutions of higher education; (v) the average cohort default rate (as defined in section 435(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m) ) for proprietary institutions of higher education, and list of each cohort default rate for each proprietary institution of higher education; (vi) the average pre-enrollment expenditures on a per-enrolled-student basis, including expenditures on recruiting and marketing activities; (vii) the average educational and general expenditures (as defined in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a )) per student, excluding all pre-enrollment expenditures; (viii) for careers requiring the passage of a licensing examination— (I) the passage rate of individuals who attended a proprietary institution of higher education taking such examination to pursue such a career; and (II) the passage rate of all individuals taking such exam to pursue such a career; and (ix) the use of private education loans at proprietary institutions of higher education that includes— (I) an estimate of the total number of such loans; (II) information on the average debt, default rate, and interest rate of such loans; and (III) the names of each lender providing private education loans to borrowers with respect to each proprietary institution of higher education in the prior academic year, including— (aa) the number of borrowers receiving loans from each lender; and (bb) the volume of dollars provided to borrowers with respect to the proprietary institution of higher education by each lender. (B) Data on publicly traded corporations (i) In general The report shall include data on proprietary institutions of higher education that are publicly traded corporations, consisting of information on— (I) any pre-tax profit of such proprietary institutions of higher education— (aa) reported as a total amount and an average percent of revenue for all such proprietary institutions of higher education; and (bb) reported for each such proprietary institution of higher education; (II) revenue for such proprietary institutions of higher education spent on recruiting and marketing activities, student instruction, and student support services, reported— (aa) as a total amount and an average percent of revenue for all such proprietary institutions of higher education; and (bb) for each such proprietary institution of higher education; (III) total compensation packages of the executive officers of each such proprietary institution of higher education; (IV) a list of institutional loan programs offered by each such proprietary institution of higher education that includes information on the default and interest rates of such programs; and (V) the data described in clauses (ii) and (iii). (ii) Disaggregated by ownership The report shall include data on proprietary institutions of higher education that are publicly traded corporations, disaggregated by corporate or parent entity, brand name, and campus, consisting of— (I) the average total cost of attendance at each such proprietary institution of higher education, and information comparing such total cost for each such program to— (aa) the average total cost of attendance— (AA) at each public institution of higher education; and (BB) at each public institution of higher education that offers the same level of education degree or certification as the proprietary institution of higher education; and (bb) the average total cost of attendance— (AA) at all institutions of higher education, including such institutions that are public and such institutions that are private; and (BB) at all institutions of higher education that offer the same level of education degree or certification as the proprietary institution of higher education, including such institutions that are public and such institutions that are private; (II) total enrollment, disaggregated by— (aa) individuals enrolled in programs taken online; (bb) individuals enrolled in programs that are not taken online; and (cc) individuals enrolled in programs taken both online and not online; (III) the average retention and graduation rates for students pursuing a degree at such proprietary institutions of higher education; (IV) the percentage of students enrolled in such proprietary institutions of higher education who complete a program of such an institution within— (aa) the standard period of completion for such program; and (bb) a period that is 150 percent of such standard period of completion; (V) the average total cost of attendance for each program at such proprietary institutions of higher education; (VI) the average cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m) ), for such proprietary institutions of higher education, and an annual list of cohort default rates (as so defined) for all proprietary institutions of higher education; (VII) the median Federal educational debt incurred by students who complete a program at such a proprietary institution of higher education; (VIII) the median Federal educational debt incurred by students who start but do not complete a program at such a proprietary institution of higher education; (IX) the job placement rate for students who complete a program at such a proprietary institution of higher education and the type of employment obtained by such students; (X) for careers requiring the passage of a licensing examination, the rate of individuals who attended such a proprietary institution of higher education and passed such an examination; (XI) the number of complaints from students enrolled in such proprietary institutions of higher education who have submitted a complaint to any member entity of the Committee; and (XII) the volume of institutional debt, number of students who owe institutional debts, and average amount of institutional debt owed by each student. (iii) Department of defense and veterans affairs assistance (I) In general To the extent practicable, the report shall provide information on the data described in clause (ii) for individuals using, to pay for the costs of attending such a proprietary institution of higher education, Federal education assistance provided under— (aa) chapter 33 of title 38, United States Code; (bb) section 2007 of title 10, United States Code; and (cc) section 1784a of title 10, United States Code. (II) Revenue The report shall provide information on the revenue of proprietary institutions of higher education that are publicly traded corporations that is derived from the Federal education assistance described in subclause (I). (C) Comparison data To the extent practicable, the report shall provide information comparing the data described in subparagraph (B) for proprietary institutions of higher education that are publicly traded corporations with such data for public institutions of higher education disaggregated by State. (3) Accounting of any action For the purposes of paragraph (1)(B), the term any action shall include— (A) a complaint filed by a Federal or State agency in a local, State, Federal, or tribal court; (B) an administrative proceeding by a Federal or State agency involving noncompliance of any applicable law or regulation; or (C) any other review, audit, or administrative process by any Federal or State agency that results in a penalty, suspension, or termination from any Federal or State program. 7. For-profit college warning list for parents and students (a) In general Each academic year, the Secretary of Education on behalf of the Committee shall publish a list to be known as the For-Profit College Warning List for Parents and Students to be comprised of proprietary institutions of higher education— (1) that have been sued for financial relief by a Federal or State authority, or through a qui tam action in which the Federal Government has intervened; (2) that are required to pay a debt or incur a liability from a settlement, arbitration proceeding, or final judgment in a judicial proceeding with a Federal or State agency and the case addresses misrepresentation, fraud, liability under sections 3729 through 3733 of title 31, United States Code (commonly known as the False Claims Act ), or other borrower defense to repayment claims; (3) that have pending claims for borrower relief discharge under the borrower defense to repayment regulations from students or former students of the institution and the Secretary of Education has formed a group process to consider the claims; (4) that have had any eligibility for participation withdrawn or suspended with respect to— (A) educational assistance in the form of a loan provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (B) educational assistance in the form of a grant provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (C) educational assistance provided under chapter 33 of title 38, United States Code; (D) assistance for tuition and expenses under section 2007 of title 10, United States Code; (E) assistance provided under section 1784a of title 10, United States Code; or (F) Federal education assistance not described in subparagraphs (A) through (E); or (5) that have been deemed ineligible to receive Federal education assistance for the next year or required to repay Federal education assistance previously received in applicable report year. (b) Summary The For-Profit College Warning List for Parents and Students shall include a summary in plain language of the basis of each proprietary institution of higher education’s inclusion on the list. (c) Procedures The Committee shall establish and apply review procedures for the For-Profit College Warning List for Parents and Students, including evaluation and withdrawal proceedings that provide— (1) for adequate written specification of— (A) the procedure for identifying proprietary intuitions of higher education for inclusion on the list; and (B) identified deficiencies at the proprietary institutions of higher education; and (2) for sufficient opportunity for a written response by a proprietary institution of higher education regarding any deficiencies identified by the Committee— (A) within a timeframe determined by the Committee; and (B) prior to the final publication of the For-Profit College Warning List for Parents and Students. (d) Publication Not later than July 1 of each fiscal year, on behalf of the Committee, the Secretary of Education shall publish the For-Profit College Warning List for Parents and Students prominently and in a manner that is easily accessible to parents, current students, prospective students, and other stakeholders. The Secretary of Education may incorporate the For-Profit College Warning List for Parents and Students into preexisting, widely used platforms. | https://www.govinfo.gov/content/pkg/BILLS-117s5155is/xml/BILLS-117s5155is.xml |
117-s-5156 | II 117th CONGRESS 2d Session S. 5156 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Cotton (for himself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the 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, and for other purposes.
1. Short title This Act may be cited as the Fairness for American Victims of State-Sponsored Terrorism Act . 2. Justice for United States Victims of State Sponsored Terrorism Act (a) In general Section 404 of the Justice for United States Victims of State Sponsored Terrorism Act ( 34 U.S.C. 20144 ) is amended— (1) in subsection (b)— (A) in paragraph (1)(B), in the first sentence, by inserting and during the 1-year period beginning on the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act , the Special Master may utilize an additional 5 full-time equivalent Department of Justice personnel before the period at the end; and (B) in paragraph (2)(A), by inserting Not later than 30 days after the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act , the Special Master shall update, as necessary as a result of the enactment of such Act, such procedures and other guidance previously issued by the Special Master. after the period at the end of the second sentence; (2) in subsection (c)(3)(A), by striking clause (ii) and inserting the following: (ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless— (I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or (II) the final judgment was awarded to a 1983 Beirut barracks bombing victim before the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act , in which case such United States person shall have 180 days from the date of enactment of such Act to submit an application for payment. ; (3) in subsection (d)(4)— (A) in subparagraph (A), by striking (B) and (C) and inserting (B), (C), and (D) ; (B) in subparagraph (C), 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. ; and (C) by adding at the end the following: (D) Lump sum catch-up payments for beirut barracks bombing victims, spouses, and dependents (i) In general Not later than 1 year after the enactment of the Fairness for American Victims of State-Sponsored Terrorism Act , and in accordance with clauses (i) and (ii) of subsection (d)(3)(A), the Comptroller General of the United States shall conduct an audit and publish in the Federal Register a notice of proposed lump sum catch-up payments to the 1983 Beirut barracks bombing victims who have submitted applications in accordance with subsection (c)(3)(A)(ii)(II) in amounts that, after receiving the lump sum catch-up payments, would result in the percentage of the claims of such victims received from the Fund being equal to the percentage of the claims non-9/11 victim of state sponsored terrorism received from the Fund, as of the date of enactment of this subparagraph. (ii) Public comment The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). (iii) Report Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. (iv) Lump sum catch-up payment reserve fund (I) In general There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection. (II) Authorization Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in clause (iii). (III) Appropriations (aa) In general There are authorized to be appropriated and there are appropriated to the lump sum catch-up payment reserve fund $3,000,000,000 to carry out this clause, to remain available until expended. (bb) Limitation Except as provided in sublcause (IV), 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. (IV) Expiration (aa) In general The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). (bb) Remaining amounts All amounts remaining in the lump sum catch-up payment reserve fund in excess of the amounts described in clause (iii) shall be deposited into the Fund under this section. ; (4) in subsection (e), by striking paragraph (2) and inserting the following: (2) Deposit and transfer Beginning on the date of the enactment of this Act, the following shall be deposited or transferred into the Fund for distribution under this section: (A) Criminal funds and property All funds, and the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a criminal penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. (B) Civil funds and property Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.), or any related conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. ; (5) in subsection (g)(1), by striking (e)(2)(A) and inserting (e)(2) ; and (6) in subsection (j), by adding at the end the following: (15) 1983 Beirut bombing victim The term 1983 Beirut bombing victim means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon. . (b) Rescissions (1) Business Loans Program Account 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. (2) Emergency rental assistance Of the unobligated balances of amounts made available under section 3201(a) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 135 Stat. 54), $3,000,000,000 are hereby rescinded. | https://www.govinfo.gov/content/pkg/BILLS-117s5156is/xml/BILLS-117s5156is.xml |
117-s-5157 | II 117th CONGRESS 2d Session S. 5157 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Merkley 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 patient protection by limiting the number of mandatory overtime hours a nurse may be required to work in certain providers of services to which payments are made under the Medicare Program.
1. Short title This Act may be cited as the Nurse Overtime and Patient Safety Act . 2. Findings Congress finds as follows: (1) The Federal Government has a substantial interest in assuring that the delivery of health care services to patients in health care facilities is adequate and safe. (2) Research, including a study published in the Health Services Research in October 2014 and a 2019 study from New York University, document the following: (A) Limits on work hours have long been found in high-risk occupational settings where long work hours can adversely affect safety and performance as well as job satisfaction and quality of life. (B) Regulations limiting work hours were first instituted in the 1930s. (C) Adoption of work hour regulations has been slower in the health care sector. (D) A review of the current literature indicates that despite potential pitfalls of discontinuity in care, regulated work hours for nurses improve occupational and patient safety. (E) The work year for registered nurses is substantially longer than the national average by 200 work hours. (F) When nurses with more than one position of employment are taken into account, total nurse work hours may be greater than the estimate above. (G) Furthermore, because nurses frequently work under a 12-hour shift schedule, they not only work extended hours but also return to work often without sufficient time for rest. (H) Newly licensed nurses work an average of 39.4 hours a week, predominantly in 12-hour shifts. (I) More than 13 percent of newly licensed nurses report having a second paid job. (J) New nurses prefer working the day shift, and the preferred shift length is 12 hours. (K) Twelve percent of nurses report working mandatory overtime, and nearly half work voluntary overtime at an average of three hours in a workweek. (3) Nurses working long hours often experience fatigue, poor sleep quality, impaired vigilance, and lack of alertness, which contributes to medical errors and results in other consequences that compromise patient safety, even after controlling for staffing levels and hospital characteristics. (4) 18 States have passed legislation or promulgated regulations restricting mandatory overtime for nurses. 3. Limitations on mandatory overtime for nurses (a) Provider agreements Section 1866 of the Social Security Act ( 42 U.S.C. 1395cc ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (X), by striking and at the end; (B) in subparagraph (Y), by striking the period and inserting , and ; and (C) by inserting after subparagraph (Y) the following new subparagraph: (Z) to comply with the requirements of subsection (l) (relating to limitations on mandatory overtime for nurses). ; and (2) by adding at the end the following new subsection: (l) Limitations on mandatory overtime for nurses For purposes of subsection (a)(1)(Z), the requirements of this subsection are the following: (1) Prohibition on mandatory overtime (A) In general Except as provided in this subsection, a provider of services shall not, directly or indirectly, require a nurse to work— (i) in excess of— (I) a previously scheduled work shift or duty period of the nurse, regardless of the length of the shift; (II) 48 hours in any workweek (as defined in section 778.105 of title 29, Code of Federal Regulations, or any successor regulation); or (III) 12 consecutive hours in a 24-hour period; or (ii) during the 10-hour period immediately following the 12th hour worked in a shift or duty period during a 24-hour period. (B) Hours worked For purposes of subparagraph (A), time spent by a nurse in the following shall be included as hours worked: (i) Required meetings or while receiving education or training. (ii) On call or on standby when the nurse is required to be at the provider of services. (iii) On call or on standby when the nurse is not required to be at the provider of services. (C) Clarification regarding voluntary overtime Nothing in this subsection shall be construed to preclude a nurse from volunteering to work overtime. (2) Exceptions (A) In general Subject to subparagraph (B), the requirements of paragraph (1) shall not apply to a provider of services during a declared emergency or disaster (as defined in paragraph (9)(E)) if the provider is requested, or otherwise is expected, to provide an exceptional level of emergency or other medical services to the community. (B) Limitations With respect to a provider of services to which subparagraph (A) applies, a nurse may only be required to work for periods in excess of the periods described in paragraph (1) if— (i) the provider has made reasonable efforts to fill the immediate staffing needs of the provider through alternative means; (ii) the duration of the work requirement does not extend past the earlier of— (I) the date on which the declared emergency or disaster ends; or (II) the date on which the provider’s direct role in responding to the medical needs resulting from the declared emergency or disaster ends; (iii) a staff vacancy for the next shift becomes known at the end of the current shift; and (iv) there is potential harm to an assigned patient if the nursing staff member leaves the assignment or transfers care to another nursing staff member. (3) Whistleblower protections for nurses (A) Right to report (i) In general A nurse may file a complaint with the Secretary against a provider of services who violates the provisions of this subsection. (ii) Procedure The Secretary shall establish a procedure under which a nurse may file a complaint under clause (i). (B) Investigation of complaint The Secretary shall investigate complaints of violations filed by a nurse under subparagraph (A). (C) Actions If the Secretary determines that a provider of services has violated the provisions of this subsection, the Secretary shall require the provider to establish a plan of action to eliminate the occurrence of such violation, and may seek civil money penalties under paragraph (7). (4) Nurse nondiscrimination protections (A) In general A provider of services shall not terminate or propose to terminate, penalize, discriminate, or retaliate in any manner with respect to any aspect of employment, including discharge, promotion, compensation, or terms, conditions, or privileges of employment, against a nurse who refuses to work mandatory overtime or who in good faith, individually or in conjunction with another person or persons— (i) reports a violation or suspected violation of this subsection to a public regulatory agency, a private accreditation body, or the management personnel of the provider of services; (ii) initiates, cooperates, or otherwise participates in an investigation or proceeding brought by a regulatory agency or private accreditation body concerning matters covered by this subsection; or (iii) informs or discusses with other employees, with representatives of those employees, or with representatives of associations of health care professionals, violations or suspected violations of this subsection. (B) Retaliatory reporting A provider of services may not file a complaint or a report against a nurse with the appropriate State professional disciplinary agency because the nurse refused to comply with a request to work mandatory overtime. (C) Good faith For purposes of this paragraph, a nurse is deemed to be acting in good faith if the nurse reasonably believes— (i) that the information reported or disclosed is true; and (ii) that a violation has occurred or may occur. (5) Notice policy and requirements (A) Requirement to develop a policy and procedure Each provider of services shall develop a policy and have in place procedures to ensure, at a minimum, that— (i) mandatory overtime, when required as described in paragraph (2)(B), is documented in writing; and (ii) mandatory overtime policies and procedures are clearly written, provided to all new nursing staff and readily available to all nursing staff. (B) Requirement to post notice Each provider of services shall post conspicuously in an appropriate location a sign (in a form specified by the Secretary) specifying rights of nurses under this subsection. (C) Right to file complaint Such sign shall include a statement that a nurse may file a complaint with the Secretary against a provider of services who violates the provisions of this subsection and information with respect to the manner of filing such a complaint. (6) Posting of nurse schedules A provider of services shall regularly post in a conspicuous manner the nurse schedules (for such periods of time that the Secretary determines appropriate by type or class of provider of services) for the department or unit involved, and shall make available upon request to nurses assigned to the department or unit the daily nurse schedule for such department or unit. (7) Civil money penalty (A) In general The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of the provisions of this subsection committed by a provider of services. (B) Patterns of violations Notwithstanding subparagraph (A), the Secretary shall provide for the imposition of more severe civil money penalties under this paragraph for providers of services that establish patterns of repeated violations of such provisions. (C) Administration of penalties The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). The Secretary shall publish on the internet site of the Department of Health and Human Services the names of providers of services against which civil money penalties have been imposed under this paragraph, the violation for which the penalty was imposed, and such additional information as the Secretary determines appropriate. With respect to a provider of services that has had a change in ownership, as determined by the Secretary, penalties imposed on the provider of services while under previous ownership shall no longer be published by the Secretary on such internet site after the 1-year period beginning on the date of change in ownership. (8) Rule of construction regarding other rights, remedies, and procedures Nothing in this subsection shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to nurses under Federal, State, or local laws or under the terms of collective bargaining agreements, memorandums of understanding, or other agreements between such employees and their employers. (9) Definitions In this subsection: (A) Mandatory overtime The term mandatory overtime means hours worked in excess of the periods of time described in paragraph (1), except as provided in paragraph (2), pursuant to any request made by a provider of services to a nurse which, if refused or declined by the nurse involved, may result in an adverse employment consequence to the nurse, including discharge, discipline, loss of promotion, or retaliatory reporting of the nurse to the State professional disciplinary agency involved. (B) Overtime The term overtime means time worked in excess of the periods of time described in paragraph (1). (C) Nurse The term nurse means a registered nurse or a licensed practical nurse. (D) Provider of services The term provider of services means— (i) a hospital (as defined in section 1861(e)); (ii) a psychiatric hospital (as defined in section 1861(f)); (iii) a hospital outpatient department; (iv) a critical access hospital (as defined in section 1861(mm)(1)); (v) an ambulatory surgical center; (vi) a home health agency (as defined in section 1861(o)); (vii) a rehabilitation agency; (viii) a clinic, including a rural health clinic (as defined in section 1861(aa)(2)); or (ix) a Federally qualified health center (as defined in section 1861(aa)(4)). (E) Declared emergency or disaster The term declared emergency or disaster means a major disaster or an emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )), or an emergency or disaster as declared by a Governor of any State or Indian Tribal government, but does not include an emergency that results from a labor dispute in the health care industry or consistent understaffing. (F) Standards of safe patient care The term standards of safe patient care means the recognized professional standards governing the profession of the nurse involved. (10) Relationship to State law Nothing in this subsection shall be construed to preempt any State law that provides greater protections with respect to mandatory overtime for nurses. . (b) Effective date The amendments made by this section shall take effect 1 year after the date of enactment of this Act. 4. Reports (a) Standards on safe working hours for nurses (1) Study The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall conduct a study to establish appropriate standards for the maximum number of hours that a nurse who furnishes health care to patients may work without compromising the safety of such patients. Such standards may vary by provider of service and by department within a provider of services, by duties or functions carried out by nurses, by shift, and by other factors that the Director determines appropriate. The Director may contract with an eligible entity or organization to carry out the study under this paragraph. (2) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under paragraph (1) and shall include recommendations for such appropriate standards of maximum work hours. (b) Report on mandatory overtime in Federally operated medical facilities (1) Study (A) In general The Director of the Office of Management and Budget shall conduct a study to determine the extent to which federally operated medical facilities have in effect practices and policies with respect to overtime requirements for nurses that are inconsistent with the provisions of section 1866(l) of the Social Security Act , as added by section 3. (B) Federally operated medical facilities defined In this subsection, the term federally operated medical facilities means acute care hospitals, freestanding clinics, and home health care clinics that are operated by the Department of Veterans Affairs, the Department of Defense, or any other department or agency of the United States. (2) Report Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on the study conducted under paragraph (1) and shall include recommendations for the implementation of policies within federally operated medical facilities with respect to overtime requirements for nurses that are consistent with such section 1866(l), as so added. | https://www.govinfo.gov/content/pkg/BILLS-117s5157is/xml/BILLS-117s5157is.xml |
117-s-5158 | II 117th CONGRESS 2d Session S. 5158 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Casey (for himself, Ms. Hirono , Mr. Booker , Mr. Whitehouse , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To strengthen civil rights protections against harassment based on sex, race, color, national origin, disability, or age.
1. Short title; table of contents (a) Short title This Act may be cited as the Students' Access to Freedom and Educational Rights Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Prohibition on Harassment Sec. 101. Amendments to title IX of the Education Amendments of 1972. Sec. 102. Amendments to the Rehabilitation Act of 1973. Sec. 103. Amendments to title VI of the Civil Rights Act of 1964. Sec. 104. Amendments to the Age Discrimination Act of 1975. TITLE II—Transparency, training, and support for students Sec. 201. Department of Education enforcement. Sec. 202. Disclosure of religious exemptions from title IX of the Education Amendments of 1972. Sec. 203. Climate surveys for k–12 schools. Sec. 204. Civil Rights Data Collection. Sec. 205. Support for students. Sec. 206. Title IX coordinators and training requirements. 2. Findings Congress finds the following: (1) During a decade of civil rights reforms, Congress passed title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) (referred to in this section as “title VI”), which prohibits discrimination based on race, color, or national origin in federally funded programs and activities; title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) (referred to in this section as “title IX”), which prohibits sex discrimination in federally funded education programs and activities; section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) (referred to in this section as “section 504”), which prohibits discrimination based on disability in federally funded programs and activities; and the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq. ), which prohibits discrimination based on age in federally funded programs and activities. Half a century after their passage, still more needs to be done to ensure that students enjoy protections consistent with the spirit, intent, and promise of these groundbreaking civil rights laws. (2) Schools are still failing to take necessary steps to prevent harassment on the basis of sex, race, national origin, color, and disability and provide survivors of sexual assault and other forms of harassment—especially women and girls, students of color, LGBTQI+ students, and students with disabilities—the support and services they need to feel safe and learn in school, denying them equal educational opportunities. (3) As the Supreme Court has held in Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992), and Davis v. Monroe County Board of Education, 526 U.S. 629 (1999), covered entities are responsible for preventing and addressing harassment on the basis of sex in their education programs and activities under title IX. Following this principle, courts have similarly required funding recipients to address harassment based on race, color, national origin, and disability in their education programs and activities. (4) Perpetrators of harassment based on sex, race, color, national origin, or disability at school are not limited to students, nor are the victims of such harassment. Incidents have also involved faculty, administrators, coaches, volunteers, other staff members, and visitors. (5) Sexual harassment of students, especially of women and girls, students of color, students with disabilities, and LGBTQI+ students, is widely prevalent in K–12 and higher education. For example— (A) 1 in 5 girls ages 14 through 18 have been kissed or touched without their consent, 58 percent of LGBTQI+ youth ages 13 through 21 have been sexually harassed, and disabled children are 2.9 times more likely than their peers to be sexually assaulted; (B) women and girls of color are more likely to experience sexual harassment in school than their White peers; and (C) in college— (i) more than 1 in 4 women, more than 1 in 15 men, and nearly 1 in 4 transgender, nonbinary, and gender-nonconforming students are sexually assaulted during their time as undergraduates; (ii) 1 in 7 women, 1 in 10 men, and 1 in 5 transgender, nonbinary, and gender-nonconforming students experience dating violence or domestic violence as undergraduates; and (iii) 1 in 10 women, 1 in 33 men, and 1 in 7 transgender, nonbinary, and gender-nonconforming students experience stalking as undergraduates. (6) Students also experience forms of sex-based harassment beyond sexual harassment, such as harassment based on sexual orientation, gender identity, sex characteristics (including intersex status), pregnancy, childbirth, medical conditions related to pregnancy or childbirth, and sex stereotypes. (A) For example, according to one study, 86.3 percent of LGBTQI+ students experienced harassment or assault based on personal characteristics, 77.6 percent reported avoiding school functions, and 71.8 percent reported avoiding extracurricular activities because they felt unsafe or uncomfortable. (B) According to another study, 64 percent of girls who were pregnant or parenting reported not feeling safe at school as a barrier to attending school compared to 32 percent of girls overall. (7) Like sex-based harassment, harassment based on race, color, national origin, and disability remains a problem at educational institutions. (A) Between 2011 and 2016, the National Center for Education Statistics documented a 40-percent increase in college campus hate incidents. According to the Bureau of Justice Statistics, racial bias is the most common motivation behind these hate incidents. (B) The Centers for Disease Control and Prevention has agreed that racism has a profound and negative impact on the mental and physical health of people of color. As such, racist incidents can take a serious toll on students’ overall health and well-being, even affecting their academic performance. A 2021 UCLA study found that young adults who experience discrimination are at higher risk for both short and long-term behavioral and mental health problems that are exacerbated with each incident. (C) According to the Department of Justice, the rate of violence victimization against persons with disabilities is nearly 4 times the rate for nondisabled persons. Nearly 1/3 of children and adolescents with disabilities have experienced violence. Corporal punishment is almost twice as high in schools with a higher proportion of students with disabilities receiving special education services as in other schools. Girls with disabilities are also at higher risk of sexual violence perpetrated by their peers than nondisabled girls. (8) The Government Accountability Office estimated that about 1 in 4 students aged 12–18 saw hate words or symbols written at schools in 2014–2015, 2016–2017, and 2018–2019. (9) Students also often experience intersectional forms of harassment that, for example, may include sexual harassment that is racialized or harassment based on having a disability and being transgender, among other types of intersectional harassment. (10) Few students report harassment to their schools, often because of shame or self-blame, fear of retaliation, fear of being ignored or disciplined, fear of police or immigration officials, or lack of knowledge of services schools can offer to help. In particular, women and girls of color, women and girls with disabilities, pregnant and parenting students, and LGBTQI+ students are too often disbelieved and met with unsupportive responses, including retaliation, after reporting sexual harassment because of stereotypes that label them as less credible. Men and boys, too, are often disbelieved or dismissed when they report sexual harassment. (11) Failure of a school to comply with title IX, title VI, and section 504 may limit or deny the ability of students, employees, and others to participate in or benefit from the school’s education programs or activities leading to discrimination by creating a hostile learning environment that impedes educational attainment, damages rights to equal educational opportunities, and undermines learning for all. (12) When schools fail to protect student victims of harassment, including by failing to offer supportive measures that are designed to preserve and restore the educational opportunities of the victim, students often suffer in the form of emotional distress, mental health consequences, lower academic achievement, lost scholarships and financial aid, poor school attendance, and decreased school completion rates. Moreover, many schools may respond negatively to harassment by creating additional trauma and harm for the student victim (often by, for example, blaming the student for their victimization or by refusing to help them), which is also known as institutional betrayal . Harm may also be caused by the Title IX coordinators having a conflict of interest, such as serving within school leadership or local educational agency leadership (including serving as a principal, vice principal, headmaster, superintendent, board member, general counsel, athletics director, coach, or dean of students, or on a judicial hearing board or in a position to whom an appeal might be made). (13) The language of title IX is broad and sweeping, making clear that the intent of Congress is to provide avenues of redress for opening the courthouse doors to victims of a wide range of sex discrimination in schools. However, since the passage of title IX, courts have created barriers that make it extraordinarily difficult for survivors to obtain redress from schools through private litigation. (14) In a 5 to 4 opinion in Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998), the Supreme Court held that students subjected to sex-based harassment by their teachers may receive a damages remedy in private litigation under title IX only when school officials with authority to institute correct measures on the recipient’s behalf have actual notice of the harassment and are deliberately indifferent , or respond in a clearly unreasonable manner, to it. A year later, in Davis v. Monroe County Board of Education, 526 U.S. 629 (1999), the Supreme Court held that in order to receive money damages under title IX, students who experience sex-based harassment by their peers, must additionally show that the harassment is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school. Courts have applied the same standards in requiring funding recipients to address harassment based on race, color, national origin, or disability. (15) In contrast, in the workplace, under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) (referred to in this section as “title VII”), a plaintiff experiencing harassment based on sex, race, color, national origin, or religion by a coworker or other non-supervisor need only show their employer reacted negligently in response to severe or pervasive harassment of which the employer knew or should have known. And sometimes—such as when a supervisor fires someone because they refuse to submit to sexual advances—title VII automatically holds an employer liable. (16) Although they do not affect the relevant standards for individuals to obtain injunctive and equitable relief for harassment on the basis of race, color, sex, national origin, age, or disability under covered programs and activities, the Supreme Court’s decisions in Gebser v. Lago Vista Independent School District and Davis v. Monroe County Board of Education and lower court opinions severely limit the availability of remedies for such individuals by imposing more stringent standards for recovery of damages. Yet in many cases, damages are the only remedy that would effectively rectify past harassment. Further, in 2022, in Cummings v. Premier Rehab Keller PLLC, 142 S. Ct. 1562 (2022), the Supreme Court limited the ability of plaintiffs bringing disability discrimination claims under the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and section 504 to recover emotional distress damages, which are often the sole or primary remedy for survivors of harassment. The dissenting Justices in Cummings warned that this ruling upset Congressional intent and longstanding precedent under these and other statues, suggesting the possibility that its logic might be extended in the future to other laws such as title IX and title VI. Some lower courts have added additional onerous barriers, such as one under which a school is liable for its failure to address known sexual harassment only if the victim later experiences further sexual harassment as a result of this failure. (17) These limitations thwart the purpose of Congress to protect students from harassment and ensure non-discriminatory educational environments. They create prohibitively high standards for the lawsuits of students regarding harassment based on sex, race, color, national origin, and disability under title IX, title VI, and section 504 that are more onerous than those applicable to workplace harassment lawsuits under title VII. As a result, schools may do less to address harassment against their students than to address the same harassment of their employees. This means that students, who are often children and young adults, must suffer worse harassment than adult employees before they are entitled to a remedy in court. (18) Gebser v. Lago Vista Independent School District, Davis v. Monroe County Board of Education, and subsequent opinions create an incentive for covered entities to insulate themselves from knowledge of harassment rather than adopting and enforcing practices that will minimize the danger of such harassment. These opinions thus undermine the purpose of prohibitions on discrimination in the civil rights laws, which is to induce covered programs or activities to adopt and enforce practices that will minimize the danger that vulnerable students or other persons will be exposed to such odious behavior. (19) Current title IX regulations issued by the Department of Education in 2020 entitled Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (part 106 of title 34, Code of Federal Regulations), have made it more difficult for student survivors to report harassment to schools and receive help, including by, for example, only allowing schools to respond to title IX complaints of sexual harassment that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a school program or activity—meaning students will have to endure repeated and escalating levels of harassment before their complaint can even be investigated. These regulations also pose uniquely burdensome procedures for cases of sexual harassment that are not required for any other type of student or staff misconduct, further sweeping sexual violence under the rug. (20) Department of Education guidance explains the requirement under title VI and section 504 for institutions to respond to harassment based on disability, race, color, or national origin that is sufficiently serious to deny or limit the ability of a student to participate in or benefit from the education programs and activities of the recipient. (21) Schools with affirming and welcoming environments that provide support and protection against all forms of harassment and discrimination ensure that students have better social, behavioral, academic, and mental health outcomes. (22) Legislative action is necessary and appropriate to restore the access to the courts that was sharply limited by Gebser v. Lago Vista Independent School District, Davis v. Monroe County Board of Education, Cummings v. Premier Rehab, and other court opinions, restore the availability of a full range of remedies for harassment based on sex, race, color, national origin, disability, or age, and prevent discriminatory harassment in schools. Any action needs to take into full account the intersectionality of incidents of harassment in educational programs or activities. Sex-based violence and harassment often harms those populations already most vulnerable at education institutions. (23) In landmark rulings in Price Waterhouse v. Hopkins 490 U.S. 228 (1989) and Bostock v. Clayton County, Ga. (2020), the Supreme Court correctly interpreted title VII to hold that discrimination on the basis of sex stereotypes, sexual orientation, or gender identity necessarily constitute discrimination because of sex . To date, Federal courts of appeal have held uniformly that these holdings apply equally to title IX. Legislative action is necessary and appropriate to codify these established interpretations of title IX law and ensure support and protection for LGBTQI+ students against severe and widespread discriminatory harassment. (24) Discrimination by State and local governments on the basis of sex, race, color, national origin, age, or disability in education programs and activities receiving Federal financial assistance violates the Equal Protection Clause of the 14th Amendment to the Constitution of the United States. In many circumstances, such discrimination also violates other constitutional rights such as those of liberty and privacy under the Due Process Clause of the 14th Amendment. Congress may validly invoke its powers under the 14th Amendment to provide a full range of remedies in response to discrimination by both private and government actors. (25) In enacting the protections of the amendments made by this Act, Congress is acting pursuant to its authority under section 5 of the 14th Amendment to the Constitution of the United States, the Commerce Clause of section 8 of article I of the Constitution of the United States, and the Spending Clause of section 8 of article I of the Constitution of the United States. (26) Members of Congress have long been advocating for substantive reforms that support student survivors and ensure gender equity in schools, including the HALT on Campus Sexual Violence Act, the Supporting Survivors of Sexual Harassment in Schools Act of 2020, the Patsy T. Mink and Louise M. Slaughter Gender Equity in Education Act, the Stop Sexual Harassment in K–12 Act, and the Exposing Discrimination in Higher Education Act. Provisions from these groundbreaking pieces of legislation serve as the foundation on which any larger comprehensive reform must be built. (27) Restoring the availability of a full range of remedies for harassment will— (A) ensure that students and other persons participating or attempting to participate in federally funded programs and activities have protection from harassment on the basis of sex (including sexual orientation, gender identity, sex characteristics, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and sex stereotypes), race, color, national origin, disability, or age; (B) encourage covered entities to adopt and enforce meaningful policies and procedures to prevent and remedy harassment; (C) deter incidents of harassment; and (D) provide appropriate remedies for harassment. (28) Schools do not harass students on the basis of race, gender, or sex when they teach or incorporate anti-racism principles, diversity, equity and inclusion practices, culturally relevant curriculum and culturally responsive teaching, critical race theory, or otherwise focus the experiences of students of color, women and girls, and LGBTQI+ students. Indeed, such teaching and training, when implemented appropriately, may often further the purposes of the mandate of title VI to prohibit discrimination based on race, color, and national origin and the mandate of title IX to prohibit discrimination based on sex, while also ensuring that schools are advancing equity. I Prohibition on Harassment 101. Amendments to title IX of the Education Amendments of 1972 Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) is amended— (1) in section 901, by adding at end the following: (d) Liability for sex-Based harassment (1) Harassment by agents, employees, and other persons authorized by the recipient to provide aid, benefit, or service Subject to subsection (e), a recipient shall be liable if its agent, employee, or other person authorized by the recipient to provide aid, benefit, or service under the recipient's program or activity, engages in sex-based harassment against a person who participates in or receives any benefit, service, or opportunity from such program or activity, or who attempts to receive such benefit, service, or opportunity, regardless of where the harassment occurs, if— (A) the harassment is enabled or assisted by the authority exercised as an agent, employee, or other authorized person of the recipient; or (B) the recipient receives notice of the harassment. (2) Harassment by non-agents, non-employees, and other non-authorized persons Subject to subsection (e), a recipient is liable for sex-based harassment if a person who is not its agent, employee, or other authorized person, engages in sex-based harassment against a person who is participating in or receiving any benefit, service, or opportunity from such program or activity, or who is attempting to do so, regardless of where the harassment occurs, if the recipient receives notice of the harassment. (e) Affirmative defense (1) In general A recipient is not liable in a private action for damages under subsection (d) for sex-based harassment, if the recipient demonstrates that it exercised reasonable care to prevent sex-based harassment and to promptly remedy the effects of the sex-based harassment at issue, including through a demonstration by the recipient that it— (A) established, adequately publicized, and enforced an effective and comprehensive sex-based harassment prevention policy, training, and complaint procedure that is likely to provide redress and to avoid harm without exposing the person subjected to such harassment to undue risk, effort, or expense; (B) if requested by an aggrieved person subjected to sex-based harassment (or the parent or guardian of such person, if such person is a minor), or otherwise necessary to protect such person or other persons in such program or activity from a significant ongoing threat of harm, undertook a prompt, thorough, and impartial investigation of such harassment; (C) provided supportive measures that have the purpose and effect of preserving and restoring a person subjected to sex-based harassment’s equal access to the recipient’s education program or activity, regardless of whether such person requests an investigation; and (D) took other necessary, immediate, and appropriate corrective action designed to stop such harassment and remedy its effects. (2) Not establishing reasonable care A showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by subparagraphs (A) through (D) of paragraph (1). (f) Notice A recipient receives notice of sex-based harassment if an agent, employee, or other authorized person of the recipient, or in the exercise of reasonable care should have known, about the harassment and— (1) has the authority to take action to redress the harassment; (2) has the responsibility to report to an administrator harassment or similar misconduct by others; or (3) receives a report of such harassment from an individual who could reasonably believe that the agent, employee, or other authorized person is as described in paragraph (1) or (2). ; (2) in section 903— (A) in the 1st sentence by inserting (a) before Any ; and (B) by adding at the end of the following: (b) Any person aggrieved by the failure of a recipient to comply with section 901, or a rule issued under this title, may bring a civil action in any court of competent jurisdiction. (c) In a civil action brought for a violation of section 901 by or on behalf of a person aggrieved by a violation of section 901, such person may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney’s fees (including expert fees). ; and (3) by inserting after section 908 the following: 908A. Definitions For purposes of this title— (1) the term gender identity — (A) means a person’s internal sense of gender, which could be female, male, or another gender; (B) includes a person’s gender expression, which is how they present their gender identity outwardly, including through appearance, mannerisms, dress, or other gender-related characteristics; and (C) may or may not match their designated sex at birth; (2) the term on the basis of sex includes, inter alia, on the basis of, perceived or actual— (A) sex stereotypes; (B) pregnancy or related conditions, including— (i) childbirth, termination of pregnancy, or lactation; (ii) medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or (iii) recovery from pregnancy, childbirth, termination of pregnancy, lactation, or their related medical conditions; (C) sexual orientation; (D) gender identity; or (E) sex characteristics, including inter-sex traits; (3) the term recipient means an entity described in any of paragraphs (1) through (4) of section 908 and includes any entity that exercises controlling authority over such recipient; (4) the term sex-based harassment — (A) means conduct on the basis of sex, including conduct of a sexual nature, that unreasonably alters a person’s ability to participate in or receive any benefit, service, or opportunity from an education program or activity that receives Federal financial assistance, including by creating an intimidating, hostile, or offensive environment; and (B) includes an employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity, explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in sexual conduct; and (5) the term sexual orientation includes homosexuality, heterosexuality, bisexuality, pansexuality, and asexuality. . 102. Amendments to the Rehabilitation Act of 1973 (a) Nondiscrimination under federal grants and programs Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) is amended by adding at the end the following: (e) Prohibition of harassment on the basis of disability (1) Liability for disability-based harassment Subject to paragraph (2), in an action pursuant to section 505(a)(2), a recipient receiving Federal financial assistance under any program or activity or any program or activity conducted by any Executive agency or by the United States Postal Service shall be liable for harassment on the basis of disability as follows: (A) Harassment by agents, employees, and other persons authorized by the recipient to provide aid, benefits, or services under the recipient’s programs or activities A recipient is liable if its agent, employee, or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s program or activity, engages in harassment on the basis of disability against a person who participates in or receives any benefit, service, or opportunity from such program or activity, or who attempts to receive such benefit, service, or activity, regardless of where the harassment occurs, if— (i) the harassment is enabled or assisted by the authority exercised as an agent, employee, or other authorized person of the recipient; or (ii) the recipient receives notice of the harassment. (B) Harassment by non-agents, non-employees, and other non-authorized persons A recipient is liable for harassment on the basis of disability if a person who is not its agent, employee, or other authorized person, engages in harassment on the basis of disability against a person who is participating in or receiving any benefit, service, or opportunity under such program or activity, or who is attempting to do so, regardless of where the harassment occurs, if the recipient receives notice of the harassment. (2) Affirmative defense (A) In general A recipient is not liable in a private action for damages under paragraph (1) for harassment on the basis of disability, if the recipient demonstrates that it exercised reasonable care to prevent harassment on the basis of disability, and promptly remedy the effects of the harassment at issue, including through a demonstration by the recipient that it— (i) established, adequately publicized, and enforced an effective and comprehensive harassment prevention policy, training, and complaint procedure that is likely to provide redress and avoid harm without exposing the person subjected to the harassment to undue risk, effort, or expense; (ii) if requested by such person, third party, or otherwise necessary to protect that person or other persons within the program or activity from a significant ongoing threat, undertook a prompt, thorough, and impartial investigation of the harassment at issue; (iii) provided supportive measures that had the purpose and effect of preserving and restoring the aggrieved person’s equal access to the benefits or opportunities of the program or activity, regardless of whether the aggrieved person requested an investigation; and (iv) took other necessary, immediate, and appropriate corrective action designed to stop the harassment and remedy its effects. (B) Not establishing reasonable care A showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by clauses (i) through (iv) of subparagraph (A). (3) Notice A recipient receives notice of harassment on the basis of disability when any of the following individuals knew or, in the exercise of reasonable care, should have known about the harassment: (A) An agent, employee, or other authorized person of the recipient who has the authority to take action to redress the harassment. (B) An agent, employee, or other authorized person of the recipient who has the responsibility to report to an administrator harassment or similar misconduct by others. (C) An agent, employee, or other authorized person of the recipient to whom an individual has made a report of harassment based on the reasonable belief that the agent, employee, or other authorized person is an individual described in subparagraph (A) or (B). (4) Definitions In this subsection: (A) Harassment on the basis of disability The term harassment on the basis of disability means a form of discrimination on the basis of disability that alters a person’s ability to participate in or receive any benefit, service, or opportunity under a program or activity receiving Federal financial assistance or any program or activity conducted by any Executive agency or by the United States Postal Service, including by creating an intimidating, hostile, or offensive environment. (B) Recipient The term recipient means an entity described in any of paragraphs (1) through (4) of subsection (b), any entity that exercises controlling authority over such an entity, and any Executive agency or the United States Postal Service. . (b) Remedies and right of action Section 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a ) is amended— (1) in subsection (a)(2), by inserting at the end the following: Any person aggrieved by the failure of a recipient to comply with section 504, including any regulation promulgated pursuant to such section, may bring a civil action in any court of competent jurisdiction. ; and (2) by amending subsection (b) to read as follows: (b) Attorney and expert fees and right of recovery (1) In general In any action or proceeding to enforce or charge a violation of a provision of this title, including any regulation promulgated pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and expert fees as part of the costs. (2) Right of Recovery In an action brought against a recipient by (including on behalf of) an aggrieved person, the aggrieved person may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney’s fees (including expert fees). . 103. Amendments to title VI of the Civil Rights Act of 1964 Section 602 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–1 ) is amended— (1) by striking Each Federal department inserting the following subsection: (a) In general Each Federal department ; and (2) by adding at the end the following new subsection: (b) Prohibition of Harassment as Discrimination (1) Liability for harassment based on race, color, or national origin In an action pursuant to subsection (c) of this section, a recipient shall be liable for harassment on the basis of race, color, or national origin as follows: (A) Harassment by agents, employees, and other persons authorized by the recipient to provide aid, benefits, or services under the recipient's programs or activities Subject to subparagraph (C), a recipient is liable if its agent, employee, or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s program or activity, engages in harassment on the basis of race, color, or national origin against a person who participates in or receives any benefit, service, or opportunity from such program or activity, or who attempts to receive such benefit, service, or opportunity, regardless of where the harassment occurs, if— (i) the harassment is enabled or assisted by the authority exercised as an employee, agent, or other authorized person of the recipient; or (ii) the recipient receives notice of the harassment. (B) Harassment by non-agents, non-employees, and other non-authorized persons Subject to subparagraph (C), a recipient is liable for harassment on the basis of race, color, or national origin if a person who is not its agent, employee, or other authorized person, engages in harassment on the basis of race, color, or national origin against a person who is participating in or receiving any benefit, service, or opportunity from a program or activity receiving Federal financial assistance, or who is attempting to do so, regardless of where the harassment occurs, if the recipient receives notice of the harassment. (C) Affirmative defense (i) In general A recipient is not liable in a private action for damages under subparagraph (A) or (B) for harassment on the basis of race, color, or national origin, if the recipient demonstrates that it exercised reasonable care to prevent harassment on the basis of race, color, or national origin, and promptly remedied the effects of the harassment at issue, including through a demonstration by the recipient that it— (I) established, adequately publicized, and enforced an effective and comprehensive harassment prevention policy, training, and complaint procedure that is likely to provide redress and avoid harm without exposing the person subjected to the harassment to undue risk, effort, or expense; (II) if requested by such person, or otherwise necessary to protect that person or other persons within the program or activity from a significant ongoing threat, undertook a prompt, thorough, and impartial investigation of the harassment at issue; (III) provided supportive measures that had the purpose and effect of preserving and restoring the aggrieved person’s equal access to the benefits or opportunities of the program or activity receiving Federal financial assistance, regardless of whether the aggrieved person requested an investigation; and (IV) took other necessary, prompt, and appropriate corrective action designed to stop the harassment and remedy its effects. (ii) Not establishing reasonable care A showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by subclauses (I), (II), (III), and (IV) of clause (i). (D) Notice A recipient receives notice of harassment on the basis of race, color, or national origin when any of the following individuals knew or, in the exercise of reasonable care, should have known about the harassment: (i) An agent, employee, or other authorized person of the recipient who has the authority to take action to redress the harassment. (ii) An agent, employee, or other authorized person of the recipient who has the responsibility to report to an administrator harassment or similar misconduct by others. (iii) An agent, employee, or other authorized person of the recipient to whom an individual has made a report of harassment based on the reasonable belief that the agent, employee, or other authorized person is an individual described in clause (i) or (ii). (2) Definitions In this section: (A) Harassment on the basis of race, color, or national origin The term harassment on the basis of race, color, or national origin means a form of discrimination on the basis of race, color, or national origin that alters a person’s ability to participate in or receive any benefit, service, or opportunity from a program or activity receiving Federal financial assistance, including by creating an intimidating, hostile, or offensive environment. (B) Recipient The term recipient means an entity described in any of paragraphs (1) through (4) of section 606, and any entity that exercises controlling authority over such entities. (c) Remedies and right of action (1) In general Any person aggrieved by the failure of a recipient to comply with this title, including any regulation promulgated pursuant to this title, may bring a civil action in any court of competent jurisdiction. (2) Right of Recovery In an action brought against a recipient by or on behalf of an aggrieved person, the aggrieved person may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney’s fees (including expert fees). . 104. Amendments to the Age Discrimination Act of 1975 (a) In General Section 303 of the Age Discrimination Act of 1975 ( 42 U.S.C. 6102 ) is amended— (1) by inserting (a) In general.— before Pursuant ; and (2) by adding at the end the following: (b) Liability (1) Harassment by agents, employees, and other persons authorized by the recipient to provide aid, benefits, or services under the recipient’s programs and activities Subject to subsection (c), a recipient that receives Federal financial assistance for a program or activity is liable if its agent, employee, or other person authorized by the recipient to provide aid, benefit, or service under the recipient's program or activity, engages in age-based harassment against a person who participates in or receives any benefit, service, or opportunity from such program or activity, or who attempts to receive such benefit, service, or opportunity, regardless of where the harassment occurs, if— (A) the harassment is enabled or assisted by the authority exercised as an employee, agent, or other authorized person of the recipient; or (B) the recipient receives notice of the harassment. (2) Harassment by non-agents, non-employees, and other non-authorized persons Subject to subsection (c), a recipient that receives Federal financial assistance for a program or activity is liable for age-based harassment if a person who is not its agent, employee, or other authorized person, engages in age-based harassment against a person who is participating in or receiving any benefit, service, or opportunity from such program or activity, or who is attempting to do so, regardless of where the harassment occurs, if the recipient receives notice of the harassment. (c) Affirmative defense (1) In general A recipient is not liable in a private action for damages under subsection (b) for age-based harassment if it demonstrates that it exercised reasonable care to prevent age-based harassment and to promptly remedy the effects of the age-based harassment at issue, including through a demonstration by the recipient that it— (A) established, adequately publicized, and enforced an effective and comprehensive age-based harassment prevention policy, training, and complaint procedure that is likely to provide redress and to avoid harm without exposing the person subjected to such harassment to undue risk, effort, or expense; (B) if requested by the aggrieved person, or otherwise necessary to protect such person or other persons in such program or activity from a significant ongoing threat of harm, undertook a prompt, thorough, and impartial investigation of such harassment; (C) provided supportive measures that have the purpose and effect of preserving and restoring an aggrieved person’s equal access to the benefits, services, or opportunities of the program or activity involved, regardless of whether such person requests an investigation; and (D) took other necessary, immediate, and appropriate corrective action designed to stop such harassment and remedy its effects. (2) Not establishing reasonable care A showing that the harassment did not recur after the recipient receives notice of the harassment does not establish reasonable care absent the demonstration required by subparagraphs (A) through (D) of paragraph (1). (d) Notice A recipient receives notice of age-based harassment if an agent, employee, or other authorized person of the recipient knew, or in the exercise of reasonable care should have known, about the harassment and— (1) has the authority to take action to redress the harassment; (2) has the responsibility to report to an administrator harassment or similar misconduct by others; or (3) receives a report of such harassment from an individual who could reasonably believe that the agent, employee, or other authorized person is as described in paragraph (1) or (2). . (b) Conforming amendment Section 304(b) of the Age Discrimination Act of 1975 ( 42 U.S.C. 6103(b) ) is amended— (1) in paragraph (1), by striking It shall and inserting Subject to section 305(h)(3), it shall ; and (2) in paragraph (2), by striking The provisions and inserting Subject to section 305(h)(3), the provisions . (c) Remedies and right of action Section 305 of the Age Discrimination Act of 1975 ( 42 U.S.C. 6104 ) is amended by adding at the end the following: (g) Any person aggrieved by the failure of a recipient to comply with this title, or a rule issued under this title— (1) may bring a civil action in any court of competent jurisdiction; and (2) notwithstanding subsection (e), may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney’s fees (including expert fees). (h) Notwithstanding any other provision of this section, in the case of alleged age-based harassment in a program or activity of an entity described in subparagraph (B) of section 309(4)— (1) an aggrieved person shall not be required to exhaust administrative remedies; (2) the relief described in subsection (g)(2) shall be available; and (3) the provisions of paragraph (1) and (2) of section 304(b) shall not apply. . (d) Definitions Section 309 of the Age Discrimination Act of 1975 ( 42 U.S.C. 6107 ) is amended— (1) in paragraph (3), by striking and after the semicolon; (2) in paragraph (4), by striking the period and inserting a semicolon; and (3) by adding at end the following: (5) the term age-based harassment means a form of prohibited discrimination on the basis of an individual’s age that alters a person’s ability to participate in or receive any benefit, service, or opportunity from a program or activity receiving Federal financial assistance; and (6) the term recipient means an entity described in any of subparagraph (A), (B), (C), or (D) of paragraph (4), and includes any entity that exercises controlling authority over such entity. . II Transparency, training, and support for students 201. Department of Education enforcement (a) Disclosure of enforcement actions (1) Amendment The Department of Education Organization Act ( 20 U.S.C. 3401 et seq. ) is amended— (A) in section 203(b), by adding at the end the following new paragraphs: (3) The Assistant Secretary for Civil Rights shall make publicly available on the Department’s website a list of each recipient of Federal financial assistance from the Department that is under investigation for a possible violation of any civil rights law that the Department enforces, the sanctions (if any) or findings issued pursuant to such investigation, and a copy of the final resolution letter, including resolution agreements, entered into by such recipient with the Secretary under any of the civil rights laws enforced by the Department. Any document made publicly available shall have personally identifiable information redacted from it. (4) Not later than 30 days after the termination of any resolution agreement described in paragraph (3), the Assistant Secretary for Civil Rights shall transmit to the President and the Congress, and make publicly available on the Department’s website, the letter terminating the Department of Education’s monitoring of such agreement. ; and (B) in section 205, by adding at the end the following new subsection: (c) Notwithstanding section 498A(b)(8) of the Higher Education Act of 1965, the Assistant Secretary for Postsecondary Education shall make publicly available on the Department’s website a list of each institution under investigation for a possible violation of section 485(f) of the Higher Education Act of 1965, the sanctions (if any) or findings issued pursuant to such investigation, and a copy of program reviews and resolution agreements entered into by such institution with the Secretary. Any document made publicly available shall have personally identifiable information redacted from it. . (2) Inspector general Not later than one year after the date of enactment of this Act, the Inspector General of the Department of Education shall submit to Congress and make publicly available a report reviewing compliance with paragraphs (3) and (4) of section 203(b) of the Department of Education Organization Act ( 20 U.S.C. 3413(b) ) and subsection (c) of section 205 of such Act ( 20 U.S.C. 3415 ), as added by paragraph (1). (b) Authority To levy fines Section 203(c) of the Department of Education Organization Act ( 20 U.S.C. 3413(c) ) is amended— (1) in paragraph (3), by striking and after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (5) to impose a civil penalty to be paid by a recipient of Federal funds that has violated a law under the jurisdiction of the Office for Civil Rights, the amount of which shall be determined by the gravity and magnitude of the violation, and the imposition of which shall not preclude other remedies available under Federal law. . 202. Disclosure of religious exemptions from title IX of the Education Amendments of 1972 (a) Amendment to higher education act of 1965 Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended by adding at the end the following: (n) Disclosure of religious exemptions from title IX of the education amendments of 1972 Each institution of higher education receiving Federal funds participating in any program under this title that claims or intends to exercise a religious exemption to the requirements of title IX of the Education Amendments of 1972 shall submit in writing to the Assistant Secretary for Civil Rights a statement by the highest ranking official of the institution of higher education, identifying the provisions of part 106 of title 34, Code of Federal Regulations, the application of which may conflict with a specific tenet of the religious organization that controls the institutions of higher education and shall publish on its website, in a prominent location, the following: (1) Request letter Each letter submitted by the institution to the Department to request such an exemption. (2) Exemption letter Each letter from the Department to the institution that responds to a request for assurance of such an exemption. (3) Notice of request Notice that the institution has requested acknowledgment of such an exemption under section 901(a)(3) of the Education Amendments of 1972. (4) Notice of exemption If applicable, notice that the institution has received acknowledgment of such an exemption under section 901(a)(3) of the Education Amendments of 1972. (5) Covered applications A list of the specific applications of statutory or regulatory provisions for which there is an applicable requested or granted exemption, including any personal characteristics or behaviors to which each requested or granted exemption applies. (6) Scope of exemption A list of each statutory and regulatory provision with respect to which there is an application from which the institution has claimed an exemption and the scope of such exemption. . (b) Disclosures of requests for exemptions Section 203 of the Department of Education Organization Act ( 20 U.S.C. 3413 ) is amended by adding at the end the following: (d) The Assistant Secretary for Civil Rights shall publish, on the Department’s website, in a prominent location, information regarding religious exemptions to the requirements of title IX of the Education Amendments of 1972, including the name of each recipient of Federal financial assistance from the Department that claims an exemption, whether that recipient received an acknowledgment of such exemption from the Assistant Secretary, and a description of the nature and scope of that exemption (including each provision of the statute or regulations with respect to which there is an application from which the recipient has claimed an exemption, the scope of applications for which the exemption was claimed, and justification for the exemption). . 203. Climate surveys for k–12 schools (a) In general The Secretary, in consultation with the Attorney General, the Director of the Centers for Disease Control and Prevention, the Secretary of Health and Human Services, and experts in domestic violence, dating violence, sexual assault, disability, sexual harassment, and stalking, shall, in accordance with applicable privacy laws, develop, design, and make available through a secure and accessible online portal, a standardized online survey tool regarding the experience of elementary school and secondary school students with domestic violence, dating violence, sexual assault, sexual harassment, and stalking. (b) Development of survey tool In developing the survey tool required under subsection (a), the Secretary shall— (1) use best practices from peer-reviewed research measuring domestic violence, dating violence, sexual assault, sexual harassment, and stalking; (2) consult with the education community, experts in survey research related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking, and organizations engaged in the prevention of and response to, and advocacy on behalf of victims of, domestic violence, dating violence, sexual assault, sexual harassment, and stalking regarding the development and design of such survey tool and the methodology for administration of such survey tool; (3) provide opportunity for stakeholder feedback through public listening sessions or a 30-day open comment period; (4) ensure that the survey tool is readily accessible to and usable by individuals with disabilities and publicly accessible in multiple languages, accessibility formats, and provided in a language that parents, family, and community members can understand; and (5) ensure that the survey questions are different for staff and students and for different age groups in order to ensure that the questions are developmentally appropriate. (c) Elements (1) In general The survey tool developed pursuant to this section shall be fair and unbiased, be scientifically valid and reliable, and meet the highest standards of survey research. (2) Survey questions Survey questions included in the survey tool developed pursuant to this section shall— (A) be designed to gather information on student experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including the experiences of victims of such incidents; (B) use trauma-informed language to prevent retraumatization; and (C) include age-appropriate questions— (i) that give students the option to report their demographic information; (ii) designed to determine the incidence and prevalence of domestic violence, dating violence, sexual assault, sexual harassment, and stalking whether the incident occurred on or off campus, and whether carried out in whole or in part through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology; (iii) regarding whether students know about institutional policies and procedures related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking; (iv) designed to determine, if complainants reported domestic violence, dating violence, sexual assault, sexual harassment, or stalking— (I) to whom the incident was reported and what response, including any supportive measures, the complainant may have received; (II) whether the complainant was informed of, or referred to, national, State, local, or on-site resources; and (III) whether the entity to whom the complainant reported the incident conducted an investigation and the duration and final resolution of such an investigation; (v) regarding contextual factors, such as whether force, incapacitation, or coercion was involved; (vi) to determine whether an accused individual was a student, faculty, staff, administrator, or third-party vendor at the elementary school or secondary school in which the complainant is enrolled or another school served by the local educational agency that serves the elementary school or secondary school; (vii) to determine whether a complainant reported an incident to State, local, or school-based law enforcement; (viii) to determine why the complainant chose to report or not report an incident to the school or local educational agency or State or local law enforcement; (ix) to determine the impact of domestic violence, dating violence, sexual assault, sexual harassment, and stalking on the complainant’s education, including diminished grades, dropped classes, leaves of absence, and negative financial consequences (including costs associated with counseling, medical services, or housing changes); (x) to determine if a complainant was punished in connection with reporting the incident or for ancillary behavior related to the incident (such as punishment for missing class because of mental health impacts for fear of perpetrator, being placed on academic probation for declining grades related to trauma following incident, and more); (xi) to determine the impact and effectiveness of prevention and awareness programs and complaints processes for the overall student body and different student populations, including— (I) students of color; (II) LGBTQI+ students; (III) immigrant students; (IV) pregnant, expectant, or parenting students; or (V) students with disabilities; and (xii) to determine attitudes toward sexual violence and harassment, including the willingness of individuals to intervene as a bystander of sex-based (including on the basis of sex stereotypes, pregnancy, childbirth or a related medical condition, sexual orientation and gender identity, or sex characteristics), race-based, national origin-based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, sexual assault, sexual harassment, and stalking. (3) Additional topics States and local educational agencies may add additional questions to the survey tool developed pursuant to this section as they determine appropriate. (d) Additional elements In addition to the standardized questions developed by the Secretary under subsection (c), an elementary school or secondary school may request additional information from students that would increase the documentation, through qualitative and quantitative evidence of the elementary school or secondary school of school climate factors unique to the school. (e) Responses The responses to the survey questions described in subsection (c) shall— (1) be submitted confidentially; and (2) in the case of such responses being included in a report described in subsection (g), not include personally identifiable information. (f) Administration of survey (1) Federal administration The Secretary, in consultation with the Attorney General, the Director of the Centers for Disease Control and Prevention, and Secretary of Health and Human Services, shall develop a mechanism by which local educational agencies may, with respect to the survey tool developed pursuant to this section— (A) administer such survey tool in compliance with applicable privacy laws; and (B) modify such survey tool to include additional elements or requirements, as determined by the elementary school or secondary school. (2) Costs The Secretary may not require a local educational agency to pay to modify the survey tool in accordance with paragraph (1)(B). (3) Accessibility The Secretary shall ensure that the survey tool is administered in such a way as to be readily accessible to and usable by individuals with disabilities. (4) Administration Beginning not later than 1 year after the date on which the Secretary makes available to local educational agencies the mechanism described in paragraph (1), and every 2 years thereafter, each local educational agency that receives Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) shall administer the survey tool developed pursuant to this section. (5) Completed surveys The Secretary shall require each local educational agency that receives Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) to ensure, to the maximum extent practicable, that an adequate, random, and representative sample size of students (as determined by the Secretary) enrolled in the local educational agency complete the survey tool developed pursuant to this section. (6) Personally identifiable information Information from the survey tool shall not be disaggregated or reported if the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (g) Report Beginning not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall, in accordance with applicable privacy laws and in accordance with subsection (f)(6)— (1) prepare a 2-year report on the information gained from the standardized elements of the survey under this section, which shall include school-level data that permits comparisons across elementary schools and secondary schools; (2) publish such report in an accessible format on the website of the Department of Education; and (3) submit such report to Congress. (h) Publication Each elementary school or secondary school shall publish, in accordance with applicable privacy laws and with subsection (f)(6) and in a manner that is readily accessible and usable by individuals, including individuals with disabilities— (1) the results of the standardized elements of the survey under this section on the website of the elementary school or secondary school; and (2) the results of the additional elements modifying the survey by the elementary school or secondary school, if any, on the school's website. (i) Definitions In this section: (1) ESEA terms The terms elementary school , local educational agency , and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Personally identifiable information The term personally identifiable information means, with respect to a student— (A) the student's name, whether given at birth or time of adoption, or resulting from a lawful change of name; (B) the name of the student's parent or another family member; (C) the address of the student or another family member; (D) a personal identifier, such as the student's social security number, student number, or biometric record; (E) another indirect identifier, such as the student's date of birth, place of birth, or mother's maiden name; and (F) other information that, alone or in combination, is linked or linkable to the student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. (3) Secretary The term Secretary means the Secretary of Education. (4) Sexual harassment The term sexual harassment means any unwelcome conduct of a sexual nature, regardless of whether it is direct or indirect, or verbal or nonverbal (including conduct that is undertaken in whole or in part, through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology), that unreasonably alters an individual’s terms, benefits, or privileges of an education program or activity, including by creating an intimidating, hostile, or offensive environment, which takes the form of— (A) a sexual advance; (B) a request for sexual favors; (C) a sexual act, where such submission is made either explicitly or implicitly a term or condition of a program or activity at a school or school activity, regardless of a student’s submission to or rejection of such sexual act; (D) a sexual act, where such submission or rejection is used as the basis for a decision affecting a term or condition of a program or activity at a school or school activity, regardless of a student’s submission to or rejection of such sexual act; (E) other conduct of a sexual nature; or (F) domestic violence, intimate partner violence (dating violence), and sex-based stalking. 204. Civil Rights Data Collection The Assistant Secretary of Education for Civil Rights shall collect and publish within the Civil Rights Data Collection, in addition to data already collected and in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ) and section 203(c)(1) of the Department of Education Organization Act ( 20 U.S.C. 3413(c)(1) ), data addressing— (1) the prevalence of harassment based on race, color, national origin, sex, and disability, as determined through reports made in schools; and (2) the results of complaint procedures related to such harassment in schools. 205. Support for students (a) Student victim support and resources The Secretary of Education shall require Title IX Coordinators and school administrators, upon receiving notice of possible sex-based harassment, to notify the complainant in writing and orally, about available assistance to support the complainant of sexual harassment and ensure the complainant's continued and equal access to education, regardless of the location of the harassment, including— (1) academic adjustment or other accommodations, such as adapting course schedules, assignments, or tests, issuing no-contact orders, altering housing, or taking other measures to ensure the complainant’s access to educational opportunities is not interrupted after a report has been made or during a grievance process; (2) information about and access to support services for the complainant, such as counseling, mental health and other health services, and disability accommodations; (3) providing increased monitoring or supervision at locations or activities where the misconduct occurred or may have occurred; and (4) reasonable accommodations for complainants and respondents with disabilities, including pre-existing disabilities and disabilities arising out of sex-based harassment, consistent with laws that protect students with disabilities, including section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ). (b) Protection for student victims and reporting parties Working in collaboration with the Title IX Coordinator, institutions of higher education and local educational agencies shall issue guidance and disseminate guidance that explicitly address protections for students from punishment or retaliation when making reports of sexual harassment. Guidance shall be issued to all persons who participate in or receive any benefit, service, or opportunity from the issuing institution of higher education or local educational agency. Such guidance shall apply to all reports of harassment, including in the context of a same-gender relationship or encounter, and ensure that for all reports of sexual harassment— (1) the school will not take disciplinary action against individuals, including witnesses, disclosing code-of-conduct offenses that are related to the reported incident, including the use of intoxicating substances occurring at or around the time of a reported incident, reasonable actions taken to defend against harassment, or actions taken to avoid contact with the respondent; (2) if a school’s code-of-conduct prohibits sexual activity (or certain forms of sexual activity), the school will not take disciplinary action against individuals disclosing in good faith (including witnesses) non-harassing sexual activity related to the reported incident, or for other non-harassing sexual activity discovered during an investigation into the reported incident; (3) the Title IX Coordinator shall review any disciplinary actions related to a complaint of harassment to ensure that such actions do not further discriminate or harass a complainant (such as requiring therapy or participation in programming focused on altering a student’s sexual orientation or gender identity); (4) a party who reports harassment shall not be disciplined for a false report or for prohibited sexual conduct solely because the school has decided there is insufficient evidence for a finding of responsibility or because the respondent is found not responsible; and (5) the school will address reports of retaliation against complainants, which may include investigation or discipline for retaliation. (c) Definitions In this section: (1) ESEA terms The terms elementary school , local educational agency , and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (3) Sexual harassment The term sexual harassment has the meaning given the term in section 203(i). (4) Title ix coordinator The term Title IX Coordinator means the employee of a recipient of Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) from the Department of Education, designated or authorized to coordinate the recipient’s efforts to comply with its obligations under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ). 206. Title IX coordinators and training requirements (a) Duties and scope of title IX Coordinators (1) In general For each local educational agency or institution of higher education that receives Federal financial assistance from the Department of Education, the following requirements shall apply as a condition on continued receipt of such assistance: (A) The recipient shall designate at least one full-time equivalent employee to serve as a Title IX Coordinator per institution of higher education, per 75,000 students in 7th grade or above served by the local educational agency, and per 150,000 students in 6th grade or below served by the local educational agency. (B) The local educational agency or institution of higher education shall ensure students and staff are made aware of the Title IX Coordinator, the role of the Title IX Coordinator, and the time at which the Title IX Coordinator is available to meet. (C) The Title IX Coordinator shall not have any other school-related responsibilities that may create a conflict of interest. (2) Duties Each Title IX Coordinator for a local educational agency or institution of higher education shall ensure compliance under Federal, State, and local laws and policies against sex discrimination, including title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), by doing the following: (A) Ensuring that every individual affected by the operations of the local educational agency or institution of higher education, including students, employees, and applicants for admission or employment, and where appropriate, parents and guardians, are aware of their rights under Federal, State, and local laws and policies against sex discrimination, including under title IX of the Education Amendments of 1972, and that the local educational agency or institution of higher education and its employees comply with those laws and policies, including receiving training on the laws and policies. (B) Ensuring that notices of nondiscrimination, relevant policies and grievance procedures, and current contact information of all Title IX Coordinators are disseminated broadly and in an age-appropriate and accessible manner to all students, employees, and applicants for admission or employment, and where appropriate, parents and guardians, including on school websites and in school handbooks. (C) Monitoring complaints alleging harassment, including sexual harassment, and other forms of discrimination based on sex (including sexual orientation, gender identity, sex characteristics, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and sex stereotypes), including supportive measures offered to complainants, reasonable accommodations for complainants and respondents with disabilities, and the outcomes of complaints. (D) Identifying patterns of sex discrimination from complaints and addressing their impact on the educational community. (E) Monitoring the education program or activity for barriers to reporting information about conduct that may constitute sex discrimination under title IX of the Education Amendments of 1972 and taking steps reasonably calculated to address such barriers. (F) Coordinating dissemination, collection, and analysis of climate surveys described in section 203, and identifying and proactively addressing sex discrimination in the local educational agency or institution of higher education based on the results of climate surveys. (G) Overseeing age-appropriate, accessible, and trauma-informed sexual harassment prevention education and training provided to school employees and students at least once per school year and ensuring that such prevention education and training include diverse communities and identities, informed by research, and conducted in partnership with local rape crisis centers, State sexual assault coalitions, or community organizations that work on addressing sex discrimination, including sexual harassment in schools. (3) Waiver authorized for local educational agencies (A) In general (i) Requesting a waiver A local educational agency described in paragraph (1) may request a waiver from the Secretary of one or more of the requirements of such paragraph on the basis that the requirement poses an insurmountable financial burden to the agency and the agency has been unable to secure sufficient grants under paragraph (4). (ii) Alternative plan (I) In general The waiver process shall include requiring the local educational agency to submit an alternative plan for ensuring that students are aware of their rights under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and have access to a Title IX Coordinator. (II) Alternative plan An alternative plan submitted under subclause (I) shall include, at a minimum, a demonstration that the local educational agency has entered into a partnership with a local rape crisis center or a national or community-based organization that specializes in trauma or crisis management and support. Such a plan shall establish a clear delineation of the roles and responsibilities of the center or organization with the local educational agency, which also includes providing preventative training and supporting measures when addressing reports of sex-based harassment. (B) Withholding assistance If a local educational agency has a waiver approved under this paragraph but does not follow the alternative plan, or the Secretary determines the plan was insufficient to prevent and respond to sexual harassment and assault, the Secretary shall attempt a voluntary resolution. If a voluntary resolution is not possible during a reasonable period of time, the Secretary shall take such action as may be appropriate to withhold Federal financial assistance. (C) Length of waiver A waiver granted under this paragraph shall be valid for 2 years. (4) Authorization of funds for grants (A) In general To carry out this subsection, there are authorized to be appropriated to the Secretary $100,000,000 for grants to local educational agencies and institutions of higher education described in paragraph (1) to offset the financial burden of satisfying the requirements of this subsection. In making grants under this paragraph, the Secretary shall give priority to local educational agencies and institutions of higher education that otherwise would face a high financial burden in fulfilling such requirements. (B) Definition of institution of higher education In this paragraph, 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 ). (b) Training Requirements (1) Training program (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Attorney General and in consultation with national, State, or local victim services organizations, local educational agencies, and institutions of higher education, shall develop a training program, which may include online training modules, for training each individual who is involved in implementing student grievance procedures at an institution of higher education or local educational agency that receives Federal financial assistance from the Department of Education, including each individual who is responsible for resolving complaints of reported sex-based harassment, including domestic violence, dating violence, sexual assault, sexual harassment, stalking, or sexual misconduct policy violations, such as an investigator, decision-maker, informal resolution facilitator, or Title IX Coordinator. (B) Contents The training described in subparagraph (A) shall include the following: (i) The role and responsibility of Title IX Coordinators. (ii) Information and evidence-based best practices for increasing awareness about rights and obligations under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ). (iii) Information and evidence-based best practices for investigating and responding to claims of violations of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), including— (I) information on working with and interviewing persons subjected to sex-based harassment, including domestic violence, dating violence, sexual assault, sexual harassment, or stalking; (II) information on particular types of conduct that would constitute sex-based harassment, including 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 effect that drugs or alcohol may have on an individual’s ability to consent and information on consent for individuals with disabilities or individuals who are neurodivergent; (IV) the effects of trauma, including the neurobiology of trauma; (V) training regarding the use of trauma-informed interview techniques, and reasonable accommodations for interviewees with disabilities; (VI) cultural awareness training regarding how sex-based harassment, including domestic violence, dating violence, sexual assault, sexual harassment, or stalking may impact students differently depending on their cultural background; (VII) information on sexual assault dynamics, sexual assault perpetrator behavior, and barriers to reporting; (VIII) the dynamics of power and control within intimate partner violence and reactive abuse; (IX) safety risks for victims associated with reporting abuse or seeking help; (X) information on harassment and abuse of LGBTQI+ students; and (XI) information on harassment and abuse of disabled students. (iv) For Title IX Coordinators, additional training on information and evidence-based best practices for identifying and preventing implicit and explicit sex discrimination in all areas and at all levels of education, including— (I) recruitment and admissions; (II) teaching practices, textbooks, and curricula; (III) campus safety and security; (IV) financial assistance; (V) access to facilities, resources, and housing; (VI) access to course offerings; (VII) student health services and insurance benefits; (VIII) counseling and career guidance; (IX) athletics; (X) discipline policies; (XI) employment; and (XII) other areas that the Assistant Secretary for Civil Rights of the Department of Education determines are relevant for such purposes. (2) Institutional training Each institution of higher education or local educational agency that receives Federal financial assistance from the Department of Education, shall ensure that the individuals and employees described in paragraph (1)(A) receive the training described in this subsection not later than the first July 15 following the date that is 1 year after the date on which the Secretary completes the development of the training, and annually thereafter. (3) Authorization of funds for grants for training for local educational agencies There are authorized to be appropriated to the Secretary $50,000,000 for grants to local educational agencies to train elementary school and secondary school teachers and other school staff on how to prevent, recognize, and respond to signs of sexual harassment and assault among students or between students and adults, as well as grooming behaviors of adults toward students at school. (4) Authorization of funds for grants for training for institutions of higher education (A) In general There are authorized to be appropriated to the Secretary $50,000,000 for grants to institutions of higher education to train faculty, staff, and administrators on how to prevent, recognize, and respond to signs of sexual harassment and assault among students or between students and employees, as well as grooming behaviors of adults toward students. (B) Definition of institution of higher education In this paragraph, 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 ). (c) Definitions In this section: (1) ESEA terms The terms elementary school , local educational agency , and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Grooming The term grooming , used with respect to a behavior, means a method used by an adult to build trust with a student in an effort to both maintain control over the student and gain access to time alone with the student for the purposes of sexual harassment, as defined in section 203(i). (3) Institution of higher education Except as otherwise provided, the term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) Secretary The term Secretary means the Secretary of Education. (5) Sexual harassment The term sexual harassment has the meaning given the term in section 203(i). (6) Title IX Coordinator The term Title IX Coordinator has the meaning given the term in section 205(c). | https://www.govinfo.gov/content/pkg/BILLS-117s5158is/xml/BILLS-117s5158is.xml |
117-s-5159 | II 117th CONGRESS 2d Session S. 5159 IN THE SENATE OF THE UNITED STATES December 1, 2022 Ms. Hassan (for herself, Mr. Risch , Ms. Rosen , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Trafficking Victims Protection Act of 2000 to direct the Secretary of Transportation to seek to provide for the posting of contact information of the national human trafficking hotline in the restrooms of each aircraft, airport, over-the-road bus, bus station, passenger train, and passenger railroad station operating within the United States, and for other purposes.
1. Short title This Act may be cited as the Human Trafficking Prevention Act of 2022 . 2. Posting of national human trafficking phone number in certain restrooms Section 107(b)(1)(B)(ii) of the Trafficking Victims Protection Act of 2000 (enacted as division A of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7105(b)(1)(B)(ii) )) is amended by— (1) striking the third sentence; and (2) inserting after the period at the end the following: The contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) shall be posted as follows: (I) In a visible place in all Federal buildings. (II) The Secretary of Transportation, in consultation with the Secretary of Health and Human Services, shall seek to coordinate with the owners and operators of aircraft, airports, over-the-road buses, bus stations, passenger trains, and passenger railroad stations to place the contact information of the national human trafficking hotline in the restrooms of each such aircraft, airport, over-the-road bus, bus station, passenger train, and passenger railroad station operating within the United States. (III) The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and in coordination with the heads of such other Federal agencies as may be appropriate, shall place the contact information of the national human trafficking hotline at each port of entry. . | https://www.govinfo.gov/content/pkg/BILLS-117s5159is/xml/BILLS-117s5159is.xml |
117-s-5160 | II 117th CONGRESS 2d Session S. 5160 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Cardin (for himself and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate a laboratory as the National Biodefense Analysis and Countermeasures Center, and for other purposes.
1. Short title This Act may be cited as the National Biodefense Analysis and Countermeasures Center Authorization Act of 2022 or the NBACC Authorization Act of 2022 . 2. National Biodefense Analysis and Countermeasures Center (a) In general Title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ) is amended by adding at the end the following: 323. National Biodefense Analysis and Countermeasures Center (a) In general The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2), which shall be the lead Federal facility dedicated to defending the United States against biological threats by— (1) understanding the risks posed by intentional, accidental, and natural biological events; and (2) providing the operational capabilities to support the investigation, prosecution, and prevention of biocrimes and bioterrorism. (b) Laboratory described The laboratory described in this subsection may be a federally funded research and development center— (1) known, as of the date of enactment of this section, as the National Biodefense Analysis and Countermeasures Center; (2) that may include— (A) the National Bioforensic Analysis Center, which conducts technical analyses in support of Federal law enforcement investigations; and (B) the National Biological Threat Characterization Center, which conducts experiments and studies to better understand biological vulnerabilities and hazards; and (3) transferred to the Department pursuant to subparagraphs (A), (D), and (F) of section 303(1) and section 303(2). (c) Laboratory activities The National Biodefense Analysis and Countermeasures Center shall— (1) conduct studies and experiments to better understand current and future biological threats and hazards and pandemics; (2) provide the scientific data required to assess vulnerabilities, conduct risk assessments, and determine potential impacts to guide the development of countermeasures; (3) conduct and facilitate the technical forensic analysis and interpretation of materials recovered following a biological attack, or in other law enforcement investigations requiring evaluation of biological materials, in support of the appropriate lead Federal agency; (4) coordinate with other national laboratories to enhance research capabilities, share lessons learned, and provide training more efficiently; (5) collaborate with the Homeland Security Enterprise, as defined in section 2211(h), to plan and conduct research to address gaps and needs in biodefense; and (6) carry out other such activities as the Secretary determines appropriate. (d) Work for Others The National Biodefense Analysis and Countermeasures Center shall engage in a continuously operating Work for Others program to make the unique biocontainment and bioforensic capabilities of the National Biodefense Analysis and Countermeasures Center available to other Federal agencies. (e) Facility repair and routine equipment replacement The National Biodefense Analysis and Countermeasures Center shall— (1) perform regularly scheduled and required maintenance of laboratory infrastructure; and (2) procure mission-critical equipment and capability upgrades. (f) Facility mission needs assessment (1) In general To address capacity concerns and accommodate future mission needs and advanced capabilities, the Under Secretary for Science and Technology shall conduct a mission needs assessment, to include scoping for potential future needs or expansion, of the National Biodefense Analysis and Countermeasures Center. (2) Submission Not later than 120 days after the date of enactment of this section, the Under Secretary for Science and Technology shall provide the assessment conducted under paragraph (1) to— (A) the Committee on Homeland Security and Governmental Affairs and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the Senate; and (B) the Committee on Homeland Security and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the House of Representatives. (g) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to support the activities of the laboratory designated under this section. (h) Rule of construction Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department. . (b) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by inserting after the item relating to section 322 the following: Sec. 323. National Biodefense Analysis and Countermeasures Center. . | https://www.govinfo.gov/content/pkg/BILLS-117s5160is/xml/BILLS-117s5160is.xml |
117-s-5161 | II 117th CONGRESS 2d Session S. 5161 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Menendez (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for the liquidation or reliquidation of certain entries of products of European Union member states, and for other purposes.
1. Short title This Act maybe cited as the For Accurate Import Relief To Aid Retailers and Importers of Foreign Freights Act of 2022 or the FAIR TARIFF Act of 2022 . 2. Certain entries of products of European Union member states (a) Products entered during the 60-Day period beginning on October 18, 2019 Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any other provision of law, U.S. Customs and Border Protection shall— (1) liquidate or reliquidate each entry of a product— (A) provided for in subheading 9903.89.10, 9903.89.13, 9903.89.16, 9903.89.19, 9903.89.22, 9903.89.25, 9903.89.28, 9903.89.31, 9903.89.34, 9903.89.37, 9903.89.40, 9903.89.43, 9903.89.46, or 9903.89.49 of the HTS; and (B) that was entered for consumption, or withdrawn from warehouse for consumption, during the 60-day period beginning on October 18, 2019; and (2) refund to the importer of record the amount of additional duties previously collected on the entry of that product by reason of the application of the applicable subheading of the HTS described in paragraph (1)(A) to the product. (b) Products entered during the 60-Day period beginning on January 12, 2021 Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any other provision of law, U.S. Customs and Border Protection shall— (1) liquidate or reliquidate each entry of a product— (A) provided for in subheading 9903.89.57, 9903.89.59, 9903.89.61, or 9903.89.63 of the HTS; and (B) that was entered for consumption, or withdrawn from warehouse for consumption, during the 60-day period beginning on January 12, 2021; and (2) refund to the importer of record the amount of additional duties previously collected on the entry of that product by reason of the application of the subheading of the HTS described in paragraph (1)(A) to the product. (c) Requests A liquidation or reliquidation may be made under subsection (a) or (b) with respect to an entry of products only if a request therefor is filed with U.S. Customs and Border Protection, not later than 1 year after the date of the enactment of this Act, that contains sufficient information to enable U.S. Customs and Border Protection— (1) to either— (A) locate the entry; or (B) to reconstruct the entry if it cannot be located; and (2) to verify the eligibility of the request. (d) Refund of amounts owed (1) Unliquidated entries For an entry described in subsection (a) or (b) that is unliquidated, any duties, including interest, eligible for a refund under subsection (a) or (b) shall be processed for purposes of liquidation in accordance with sections 504 and 505 of the Tariff Act of 1930 (19 U.S.C. 1504 and 1505). (2) Reliquidated entries Any amounts owed by the United States pursuant to a reliquidation of an entry described in subsection (a) or (b) (including interest from the date of entry) shall be refunded not later than 180 days after the date of the application for refund for the entry is made to U.S. Customs and Border Protection. (3) Refund application process U.S. Customs and Border Protection shall— (A) develop an application process for requesting refunds under subsections (a) and (b); and (B) make the process available to the public not later than 90 days after the date of the enactment of this Act. (e) HTS defined In this section, the term HTS means the Harmonized Tariff Schedule of the United States. 3. Advance notice with respect to certain actions under section 301 of the Trade Act of 1974 (a) In general Section 306(b) of the Trade Act of 1974 ( 19 U.S.C. 2416(b) ) is amended by adding at the end the following: (3) Advance notice The Trade Representative may not provide for an effective date of any action described in subparagraph (A) or (B) of section 301(c)(1) with respect to an increase in the duty rate of a good of a foreign country (other than a nonmarket economy country (as that term is defined in section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) )) by reason of the good being— (A) included on a retaliation list or revised retaliation list under this subsection, or (B) subject to any other action under subparagraph (A) or (B) of such section, that is earlier than the date that is 60 days after notice of the action is published in the Federal Register. . (b) Effective date The amendment made by subsection (a)— (1) takes effect on the date of the enactment of this Act; and (2) applies with respect to— (A) any good included on a retaliation list under section 306(b) of the Trade Act of 1974 ( 19 U.S.C. 2416(b) ) that is published in the Federal Register on or after the date that is 30 days after the date of the enactment of this Act; and (B) any good that is subject to any other action under subparagraph (A) or (B) of section 301(c)(1) of such Act ( 19 U.S.C. 2411(c)(1) ) that becomes effective on or after the date that is 30 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5161is/xml/BILLS-117s5161is.xml |
117-s-5162 | II 117th CONGRESS 2d Session S. 5162 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Cardin (for himself, Mr. Booker , Mr. Bennet , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for a study by the National Academies of Sciences, Engineering, and Medicine on the potential benefits on population health outcomes of incorporating into the Federal legislative process tools that measure the impacts of proposed legislation (including in areas outside of health care) on health and health disparities, and for other purposes.
1. Short title This Act may be cited as the Assessing Health Evaluations to Advance Decision-making Act of 2022 or the AHEAD Act of 2022 . 2. Study to assess the value of using tools to measure the impacts of proposed Federal legislation on health and health disparities (a) Study Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies ) (or, if the National Academies decline to enter into such arrangement, with another appropriate entity such as the National Academy of Public Administration) under which the National Academies (or other appropriate entity) will complete a study— (1) to examine the potential benefits on population health outcomes of incorporating into the Federal legislative process tools that measure the impacts of proposed legislation (including in areas outside of health care) on health and health disparities; (2) to formulate recommendations on integrating such tools into the Federal legislative process to achieve better population health outcomes; (3) to formulate recommendations on how behavioral and nudge research on the effects of health disparities may translate into evaluative tools for policymakers; and (4) to consider, with input from the Comptroller General of the United States, the Director of the Congressional Budget Office, and the Director of the Congressional Research Service, how such tools could be incorporated into the Federal legislative process. (b) Tools To be considered The tools considered under the study under subsection (a) shall include health impact assessments, and may include any other tools of analysis, particularly such tools related to impacts on health and health disparities. (c) Specific populations To be considered The study under subsection (a) shall consider the impacts described in such subsection on health and health disparities within specific populations, including racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) )), youth, women, older adults, sexual and gender minorities, individuals living in rural communities, individuals living in rural Tribal or urban Indian communities, individuals living in regions with persistent poverty, individuals with co-morbid conditions, individuals with disabilities, individuals who are homeless, and individuals involved with the criminal justice system, among others. (d) Congressional and regulatory process options The study under subsection (a) shall consider how assessments of potential population health outcomes could be incorporated into Federal legislative and regulatory processes, including by evaluating options with respect to— (1) methodological tools for evaluating evidentiary standards across multiple disciplines and the potential benefits and negative effects of a proposed policy; (2) the processes and considerations for preparing a population health outcomes report, including time, resources, community consultation, and competencies required to review relevant scientific literature; (3) entities that conduct population health outcomes reports by comparing the experiences of State and local jurisdictions that have incorporated health impacts assessments in legislative or regulatory processes; and (4) potential uses of a population health outcomes report in the Federal legislative and regulatory processes. (e) Report The arrangement under subsection (a) shall provide for the submission of a report on the results of the study under such subsection, not later than 30 months after the date of enactment of this Act, to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s5162is/xml/BILLS-117s5162is.xml |
117-s-5163 | II 117th CONGRESS 2d Session S. 5163 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Booker (for himself, Mr. Merkley , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to carry out certain activities to protect communities from the harmful effects of plastics, and for other purposes.
1. Short title This Act may be cited as the Protecting Communities from Plastics Act . 2. Findings Congress finds that— (1) plastics production is exacerbating the climate crisis and driving environmental injustice in vulnerable communities located near petrochemical facilities; (2) plastics production is on track to double in the decade following the date of enactment of this Act, locking in harmful emissions for decades; (3) plastics and other petrochemicals are forecasted to become the largest driver of oil and hydraulically fractured gas demand by 2050; (4) some studies have projected that the plastics industry will emit more greenhouse gas emissions than coal plants in the United States by 2030; (5) petrochemical facilities that produce plastics are more likely to be located in low-income communities and communities of color, disproportionately exposing those communities to harmful pollutants; (6) plastics production and certain disposal facilities pollute surrounding communities with chemicals that are known to cause cancer, birth defects, and other serious illnesses; (7) transitioning off fossil fuels for power generation and transportation only to replace that demand with more fossil fuel-based plastics production is not a viable strategy and fails to protect communities; (8) plastics carry impacts throughout their lifecycles, including the impacts of— (A) oil and gas extraction; (B) plastics refining, manufacturing, and certain methods of disposal; and (C) plastics pollution that ends up in communities and in the environment, where the degrading plastics leach chemical additives and emit greenhouse gases; (9) addressing the plastics crisis requires a shift away from single-use plastics in nonessential settings; and (10) technologies that convert plastics to fuel, use plastics for energy generation, generate feedstocks for the chemical industry, or produce hazardous waste and toxic air pollution are not a sustainable solution to the plastics crisis. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Plastic (A) In general The term plastic means a synthetic or semisynthetic material that— (i) is synthesized by the polymerization of organic substances; and (ii) is capable of being shaped into various rigid and flexible forms. (B) Inclusions The term plastic includes coatings and adhesives described in subparagraph (A). (C) Exclusions The term plastic does not include— (i) natural rubber; or (ii) naturally occurring polymers, such as proteins or starches. (3) Reusable; refillable; reuse; refill The terms reusable , refillable , reuse , and refill mean— (A) with respect to packaging or food service ware that is reused or refilled by a producer, that the packaging or food service ware is— (i) explicitly designed and marketed to be utilized for not less than the number of cycles that the Administrator determines to be appropriate, for the same product, or for another purposeful packaging use in a supply chain; (ii) designed for durability to function properly in its original condition for multiple cycles; (iii) composed of materials that do not contain— (I) toxic heavy metals; (II) pathogens; (III) additives; or (IV) chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) ), including the chemicals or mixtures of chemicals described in section 4(g)(3); (iv) supported by adequate infrastructure to ensure the packaging or food service ware can be conveniently and safely reused or refilled for multiple cycles; and (v) repeatedly recovered, inspected, and repaired, if necessary, and reissued into the supply chain for reuse or refill for multiple cycles; and (B) with respect to packaging or food service ware that is reused or refilled by a consumer, that the packaging or food service ware is— (i) explicitly designed and marketed to be utilized for not less than the number of cycles that the Administrator determines to be appropriate, for the same product; (ii) designed for durability to function properly in its original condition for multiple cycles; (iii) composed of materials that do not contain— (I) toxic heavy metals; (II) pathogens; (III) additives; or (IV) chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) ), including the chemicals or mixtures of chemicals described in section 4(g)(3); and (iv) supported by adequate and convenient availability of, and retail infrastructure for, bulk or large format packaging that may be refilled to ensure the packaging or food service ware can be conveniently and safely reused or refilled by the consumer for multiple cycles, as needed. (4) Single-use plastic (A) In general The term single-use plastic means a plastic product or packaging that— (i) is routinely disposed of, recycled, or otherwise discarded after a single use; or (ii) is not sufficiently durable or washable to be, or is not intended to be, reusable or refillable. (B) Exclusions The term single-use plastic does not include— (i) medical equipment, medical devices, consumer personal protective equipment, or other products determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health or for people with disabilities; (ii) packaging that is— (I) for any product described in clause (i) that is determined by the Secretary of Health and Human Services to necessarily be used for the protection of public health or for people with disabilities; or (II) used for the shipment of hazardous materials that is prohibited from being composed of used materials under section 178.509 or 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); or (iii) personal hygiene products that, due to the intended use of the products, could become unsafe or unsanitary to recycle, such as diapers. 4. Environmental justice protections at covered facilities (a) Definitions In this section: (1) Community of color The term community of color means a geographically distinct area in which the percentage of the population of the community represented by people of color is higher than the percentage of the population of the State represented by people of color. (2) Consultation The term consultation means the meaningful and timely process of— (A) seeking, discussing, and carefully considering the views of fenceline communities in a manner that is cognizant of the values of all parties; and (B) when feasible, seeking agreement among the parties. (3) Covered facility The term covered facility means— (A) an industrial facility that transforms petrochemical gas and liquids into ethylene and propylene for later conversion into plastic polymers; (B) an industrial facility that transforms ethylene and propylene into any other chemical for later conversion into plastic polymers; (C) a plastic polymerization or polymer production facility; (D) an industrial facility that depolymerizes or otherwise breaks down plastic polymers into chemical feedstocks for use in new products or as fuel; (E) an industrial facility that converts, including through pyrolysis or gasification, plastic polymers into chemical feedstocks; and (F) an industrial facility that generates fuel or energy from plastic polymers through waste-to-fuel technology, an incinerator, or other similar technology, as determined by the Administrator. (4) Covered product The term covered product means— (A) ethylene; (B) propylene; and (C) raw plastic materials in any form, including pellets, resin, nurdles, powder, and flakes, including— (i) polyethylene terephthalate (commonly referred to as PET ); (ii) high density polyethylene (commonly referred to as HDPE ); (iii) low density polyethylene (commonly referred to as LDPE ); (iv) polypropylene (commonly referred to as PP ); (v) polyvinyl chloride (commonly referred to as PVC ); (vi) polystyrene (commonly referred to as PS ); and (vii) any other plastic polymer determined to be appropriate by the Administrator. (5) Environmental justice The term environmental justice means the fair treatment and meaningful involvement of all individuals, regardless of race, color, national origin, educational level, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that— (A) communities of color, indigenous communities, and low-income communities have access to public information and opportunities for meaningful public participation with respect to human health and environmental planning, regulations, and enforcement; (B) no community of color, indigenous community, or low-income community is exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards; and (C) the 17 principles described in the document entitled The Principles of Environmental Justice , written and adopted at the First National People of Color Environmental Leadership Summit held on October 24 through 27, 1991, in Washington, DC, are upheld. (6) Fenceline community (A) In general The term fenceline community means a community located near a covered facility that has experienced systemic socioeconomic disparities or other forms of injustice. (B) Inclusions The term fenceline community includes a low-income community, an indigenous community, and a community of color. (7) Fenceline monitoring The term fenceline monitoring means continuous, real-time monitoring of ambient air quality around the entire perimeter of a facility. (8) Indigenous community The term indigenous community means— (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; and (D) any other community of indigenous people, including communities in other countries. (9) Limited English proficiency individual The term limited English proficiency individual means an individual that— (A) does not speak English as their primary language; or (B) has a limited ability to read, speak, write, or understand English. (10) 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. (11) Material recovery facility The term material recovery facility means a solid waste management facility that processes materials for reuse or recycling. (12) Meaningful The term meaningful , with respect to involvement by the public in a determination by a Federal agency, means that— (A) potentially affected residents of a community have an appropriate opportunity to participate in decisions relating to a proposed activity that will affect the environment or public health of the community; (B) the public contribution can influence the determination by the Federal agency; (C) the concerns of all participants involved are taken into consideration in the decision-making process; and (D) the Federal agency— (i) provides to potentially affected members of the public accurate information, including identifying limited English proficiency individuals who need language assistance, implementing accessible language assistance measures, and providing notice to limited English proficiency individuals for effective engagement in decisions; and (ii) facilitates the involvement of potentially affected members of the public. (13) Temporary pause period The term temporary pause period means the period— (A) beginning on the date of enactment of this Act; and (B) ending on the date that is the first date on which— (i) all regulations and final rules required under subsections (d), (e), and (f) are in effect; and (ii) the amendments made by subsection (i) are fully implemented. (b) National academies study of plastics industry (1) In general (A) Agreement The Administrator shall offer to enter into an agreement with the National Academy of Sciences and the National Institutes of Health to conduct a study of— (i) the existing and planned expansion of the industry of the producers of covered products, including the entire supply chain, the extraction and refining of fossil fuels and polymer feedstocks, chemical recycling efforts, end uses, disposal fate, and lifecycle impacts of covered products; (ii) the environmental, public health, and environmental justice and pollution impacts of covered facilities and the products of covered facilities; (iii) the use of toxic additives in the production of covered products and the consequences of those additives on public health; (iv) the existing standard technologies and practices of covered facilities with respect to the discharge and emission of pollutants into the environment; (v) the best available technologies and practices that reduce or eliminate the environmental justice and pollution impacts of covered facilities, associated infrastructure of covered facilities, and the products of covered facilities; and (vi) the toxicity of plastic polymers, additives, and chemicals (including byproducts), including the impacts of those polymers, additives, and chemicals on— (I) public health; (II) the recyclability of plastic; and (III) the ability to use recycled content. (B) Failure to enter agreement If the Administrator fails to enter into an agreement described in subparagraph (A), the Administrator shall conduct the study described in that subparagraph. (2) Requirements The study under paragraph (1) shall— (A) consider— (i) the direct, indirect, and cumulative environmental impacts of industries, including plastic production industries, chemical recycling industries, and the industries of other covered facilities, to date; and (ii) the impacts of the planned expansion of those industries, including local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of those industries; and (B) recommend technologies, regulations, standards, and practices, including recommendations for technologies, regulations, standards, and practices that will best carry out the regulatory modifications required under subsections (d), (e), and (g), to remediate or eliminate the local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of the industries described in subparagraph (A)(i). (3) Report Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study under paragraph (1). (4) Authorization of appropriations There are authorized to be appropriated to the National Academy of Sciences and the National Institutes of Health such sums as are necessary to carry out this subsection. (c) Permitting moratorium for covered facilities (1) In general Subject to paragraph (2), during the temporary pause period, notwithstanding any other provision of law— (A) the Administrator shall not issue a new permit for a covered facility under— (i) the Clean Air Act ( 42 U.S.C. 7401 et seq. ); or (ii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (B) the Secretary of the Army, acting through the Chief of Engineers, shall not issue a new permit for a covered facility under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); (C) the Administrator shall object in writing under subsections (b) and (c) of section 505 of the Clean Air Act ( 42 U.S.C. 7661d ) or section 402(d)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(d)(2) ), as applicable, to any new permit issued to a covered facility by a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and (D) the export of covered products is prohibited. (2) Exception Paragraph (1) does not apply to a permit described in that paragraph for a facility that is— (A) a material recovery facility; (B) a mechanical recycling facility; or (C) a compost facility. (d) Clean air requirements for covered facilities (1) Timely revision of emissions standards Section 111(b)(1)(B) of the Clean Air Act ( 42 U.S.C. 7411(b)(1)(B) ) is amended by striking the fifth sentence. (2) New source performance standards for certain facilities Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— (A) designating petrochemical feedstock and polymer production facilities as a category of stationary source under section 111(b)(1)(A) of the Clean Air Act ( 42 U.S.C. 7411(b)(1)(A) ); and (B) establishing new source performance standards for the category of stationary source designated under subparagraph (A) under section 111(f)(1) of the Clean Air Act ( 42 U.S.C. 7411(f)(1) ). (3) Storage vessels for covered products Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying section 60.112b(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that an owner or operator of a storage vessel containing liquid with a vapor pressure of equal to or more than 5 millimeters of mercury under actual storage conditions that is regulated under that section uses— (A) an internal floating roof tank connected to a volatile organic compound control device; or (B) a fixed-roof tank connected to a volatile organic compound control device. (4) Flaring Not later than 1 year after the date of enactment of this Act, the Administrator shall promulgate a final rule— (A) modifying title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that flaring, either at ground-level or elevated, shall only be permitted when necessary solely for safety reasons; and (B) modifying sections 60.112b(a)(3)(ii), 60.115b(d)(1), 60.482–10a(d), 60.662(b), 60.702(b), and 60.562–1(a)(1)(i)(C) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— (i) references to flare standards under those sections refer to the flare standards established under subparagraph (A); and (ii) the flare standards under those sections are, without exception, continuously applied. (5) SOCMI equipment leaks Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— (A) modifying section 60.482–1a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that owners and operators use process units and components with a leak-less or seal-less design; (B) modifying section 60.482–1a(f) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that owners and operators use optical gas imaging monitoring pursuant to section 60.5397a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), on a quarterly basis, unless the owner or operator receives approval from the Administrator in writing to use Method 21 of the Environmental Protection Agency (as described in appendix A–7 of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) with a repair threshold of 500 parts per million; (C) modifying 60.482–6a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the use of open-ended valves or lines is prohibited except if a showing is made that the use of an open-ended valve or line is necessary for safety reasons; and (D) modifying subpart VVa of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) to ensure that— (i) the term no detectable emissions is defined to mean an instrument reading of less than 50 parts per million above background concentrations; and (ii) the term leak is defined to mean an instrument reading of greater than or equal to 50 parts per million above background concentrations. (6) Natural-gas fired steam boilers Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule revising subpart Db of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that boilers or heaters located at an affected covered facility regulated under that subpart may only burn gaseous fuels, not solid fuels or liquid fuels. (7) National emission standards for hazardous air pollutants implementation improvements (A) Equipment leaks of benzene Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying section 61.112 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) that strikes subsection (c). (B) Benzene waste operations Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying subpart FF of part 61 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— (i) the term no detectable emissions is defined to mean an instrument reading of less than 50 parts per million above background concentrations; and (ii) the term leak is defined to mean an instrument reading of greater than or equal to 50 parts per million above background concentrations. (C) Maximum achievable control technology standards for covered facilities Not later than 3 years after the date of enactment of this Act, the Administrator shall— (i) promulgate a final rule modifying subpart YY of part 63 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— (I) the generic maximum achievable control technology standards described in that subpart— (aa) require no detectable emissions of hazardous air pollutants, unless the Administrator— (AA) determines that the maximum degree of reduction in emissions of hazardous air pollutants achievable pursuant to section 112(d)(2) of the Clean Air Act ( 42 U.S.C. 7412(d)(2) ) justifies higher limits; and (BB) publishes the determination under subitem (AA) and the proposed higher limits in a rulemaking; (bb) ensure an ample margin of safety to protect public health and prevent an adverse environmental effect; and (cc) prevent adverse cumulative effects to fetal health, the health of children, and the health of vulnerable subpopulations; and (II) the term no detectable emissions , as required under subclause (I)(aa), is defined to mean an instrument reading of less than 50 parts per million above background concentrations; and (ii) in promulgating the final rule required in clause (i)(I), consider— (I) the effects and risks of exposure from cumulative sources of hazardous air pollutants under the subpart modified under that clause; and (II) the best available science, including science provided by the National Academies of Science. (8) Monitoring Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule revising subparts DDD, NNN, RRR, and other relevant subparts of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)— (A) to require continuous emissions monitoring of benzene, nitrogen oxides, sulfur dioxide, carbon monoxide, and filterable particulate matter for all combustion devices except for non-enclosed flares, including during startups, shutdowns, and malfunctions of the facilities regulated by those subparts; (B) to require— (i) accurate and continuous recordkeeping when continuous emissions monitoring is required under subparagraph (A); and (ii) the records required under clause (i) to be made available to the public in real time; (C) to require continuous fenceline monitoring of emissions from combustion devices under section 63.658 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), for nitrogen oxides, sulfur dioxide, carbon monoxide, filterable and condensable particulate matter, and all other relevant hazardous air pollutants; and (D) to ensure that the continuous monitoring of combustion devices required under subparagraphs (A) and (C) are used to determine the compliance of facilities regulated by those subparts with the Clean Air Act ( 42 U.S.C. 7401 et seq. ). (e) Clean water requirements for covered facilities (1) BAT and NSPS standards for plastic polymer production Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— (A) that ensures that the best available technology limitations described in part 414 of title 40, Code of Federal Regulations (as modified under subparagraph (B)) applies to covered facilities that produce fewer than 5,000,001 pounds of covered products per year; (B) modifying part 414 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the best available technology and new source performance standard requirements under that part reflect updated best available technology and best available demonstrated control technology for all pollutants discharged by covered facilities that produce covered products, including pollutants of concern that are not regulated on the date of enactment of this Act; and (C) modifying sections 414.91(b), 414.101(b), and 414.111(b) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) to ensure that— (i) for new source performance standards for applicable covered facilities producing covered products, the maximum effluent limit for any 1 day and for any monthly average for the priority pollutants described in appendix A to part 423 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is 0 milligrams per liter unless the Administrator— (I) determines that higher limits are justified using best available demonstrated control technology; and (II) publishes the determination under subclause (I) and the proposed higher limits in a rulemaking; and (ii) for best available technology and new source performance standards, the maximum effluent limit for any 1 day and for any monthly average for total plastic pellets and other plastic material is 0 milligrams per liter. (2) Revised effluent limitations guidelines for petrochemical feedstock and polymer production (A) BAT and NSPS standards Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— (i) modifying sections 419.23, 419.26, 419.33, and 419.36 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the best available technology and new source performance standards reflect updated best available technology and best available demonstrated control technology for all pollutants discharged by covered facilities producing petrochemical feedstocks and polymers; and (ii) modifying sections 419.26(a) and 419.36(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the new source performance standards for any 1 day and for average of daily values for 30 consecutive days for the priority pollutants described in appendix A to part 423 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is 0 milligrams per liter unless the Administrator— (I) determines that higher limits are necessary based on the best available demonstrated control technology; and (II) the Administrator publishes the determination under subclause (I) and the proposed higher limits in a rulemaking. (B) Runoff limitations for ethylene and propylene production Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying sections 419.26(e) and 419.36(e) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that runoff limitations that reflect best available demonstrated control technology are included. (f) Environmental justice requirements for covered facilities (1) In general Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule to ensure that— (A) any proposed permit to be issued by the Administrator or by a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) with respect to a covered facility is accompanied by an environmental justice assessment that— (i) assesses the direct, indirect, and cumulative economic, environmental, and public health impacts of the proposed permit on fenceline communities; and (ii) proposes changes or alterations to the proposed permit that would, to the maximum extent practicable, eliminate or mitigate the impacts described in clause (i); (B) each proposed permit and environmental justice assessment described in subparagraph (A) is delivered to applicable fenceline communities at the beginning of the public comment period for the proposed permit for purposes of notification and consultation, which shall include— (i) prompt notification— (I) through direct means, including in non-English languages for limited English proficiency individuals; (II) through publications likely to be obtained by residents of the fenceline community, including non-English language publications; and (III) in the form of a public hearing in the fenceline community— (aa) for which public notice is provided— (AA) not less than 60 days before the date on which the public hearing is to be held; and (BB) using the means described in subclauses (I) and (II); (bb) for which translation services are provided; and (cc) that is accessible through live-streaming or alternative video streaming services for which translation services are provided; and (ii) after the prompt notification required under clause (i), consultation that— (I) facilitates effective collaboration and informed policymaking that further recognizes the importance of regular communication and collaboration with fenceline communities, regardless of whether specific regulatory or policy changes are being considered; (II) seeks information and input from fenceline communities by soliciting the collaboration, cooperation, and participation of those fenceline communities; (III) includes an in-person meeting or a telephone conference that— (aa) is in a location, if applicable, that is selected by those engaged in the consultation to be mutually accessible to representatives of fenceline communities and applicable State or Federal government participants; and (bb) removes institutional and procedural impediments that adversely affect working directly with fenceline communities; (IV) ensures that any health or environmental concerns raised by fenceline communities with be properly invested and considered in decisions to grant or deny the proposed permit; and (V) explains to the representatives of the fenceline community the range of resulting actions that the Administrator or State agency may take; and (C) the Administrator or a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), as applicable, shall not approve a proposed permit described in subparagraph (A) unless— (i) changes or alterations have been incorporated into the revised proposed permit that, to the maximum extent practicable, eliminate or mitigate the environmental justice impacts described in subparagraph (A)(i); (ii) the changes or alterations described in clause (i) have been developed with meaningful input from residents or representatives of the fenceline community in which the covered facility to which the proposed permit would apply is located or seeks to locate; and (iii) the permit includes a community benefit agreement that— (I) has been entered into after the prompt notification and consultation required under clauses (i) and (ii), respectively, of subparagraph (B); and (II) stipulates the benefits the covered facility agrees to fund or furnish in exchange for community support for the covered facility, which may include— (aa) commitments to hire directly from a community; (bb) contributions to economic and health trust funds; (cc) local workforce training guarantees; (dd) increased pollution control technologies; (ee) operation restrictions; (ff) financial assurances; and (gg) siting restrictions; (D) the Administrator or a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), as applicable, shall not approve a proposed permit described in subparagraph (A) during the 45-day period beginning on the date on which a public hearing described in subparagraph (B)(i)(III) is held for the proposed permit; and (E) the approval of a proposed permit described in subparagraph (A) is conditioned on the covered facility providing comprehensive third-party fenceline monitoring and response strategies that fully protect public health and safety and the environment in fenceline communities, for which the affected fenceline communities have the opportunity to provide meaningful input. (2) Requirements (A) Required input The Administrator shall develop the final rule required under paragraph (1) with meaningful input from— (i) residents of fenceline communities; and (ii) representatives of fenceline communities. (B) Community consultation requirement In carrying out the consultation required under paragraph (1)(B)(ii), the Administrator and each State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) shall establish a dedicated position that— (i) supports fenceline communities in understanding the technical nuances of the permit and regulatory process; and (ii) accounts for limited English proficiency individuals. (3) Report to Congress on State permitting programs Not later than 2 years after the date on which the final rule required under paragraph (1) is published in the Federal Register, and every 5 years thereafter, the Administrator shall submit to Congress a report evaluating how States are implementing required environmental justice considerations pursuant to that final rule into their permitting programs under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) and the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). (g) Toxic substances (1) Inventory and reporting Section 8(b) of the Toxic Substances Control Act ( 15 U.S.C. 2607(b) ) is amended by adding at the end the following: (11) Plastics (A) Definitions In this paragraph: (i) Covered facility; covered product The terms covered facility and covered product have the meanings given those terms in section 4(a) of the Protecting Communities from Plastics Act . (ii) Plastic; single-use plastic The terms plastic and single-use plastic have the meanings given those terms in section 3 of the Protecting Communities from Plastics Act . (B) Publication Not later than April 1, 2025, and every 3 years thereafter, the Administrator shall publish in the Federal Register an inventory of plastic manufacturing, distribution in commerce, and trade in the United States. (C) Process In carrying out the inventory under subparagraph (B), the Administrator shall— (i) identify— (I) each covered facility; and (II) any other manufacturer of plastic products; (ii) identify— (I) the polymers associated with plastic production; (II) the types or uses of plastic products manufactured; and (III) the associated quantities of polymer and product manufacture and uses; (iii) quantify the single-use plastics manufactured— (I) in the aggregate; and (II) by use category; (iv) quantify the percentage of post-consumer recycled content of the feedstocks for the manufacture of the types of plastic products identified under clause (ii)(II); (v) provide information and quantified estimates on the fate of the plastic products at the end of their useful life; (vi) identify the chemicals used in polymer or plastic production that may pose a potential risk to human health and the environment, taking into account the data reported under subparagraph (D)(i), which shall include, at a minimum, the information described in subparagraphs (A) through (G) of subsection (a)(2); (vii) specify any chemicals identified under clause (vi)— (I) that are undergoing regulatory action under section 6; or (II) for which regulatory action under section 6 is anticipated during the next 3 years; (viii) for each chemical identified under clause (vi) that is not specified under clause (vii), provide a timetable for regulatory action under section 6 and any other recommended actions, including proposed revisions of Federal law or regulations, to achieve further reductions in plastic manufacture or distribution in commerce; and (ix) propose revisions to Federal law or regulations to achieve further reductions in plastic manufacture or distribution in commerce. (D) Reporting (i) In general To assist in the preparation of the inventory under subparagraph (B), notwithstanding section 3(2)(B), any person who manufactures a covered product used in plastic production, and any person who manufactures a plastic product, shall submit to the Administrator periodic reports at such time and including such information as the Administrator shall determine by rule. (ii) Promulgation of rule Not later than July 1, 2024, the Administrator shall promulgate the rule described in clause (i). (iii) Previously submitted information To avoid duplication, information previously submitted to the Administrator under this section may be considered partially compliant with the reporting requirements of this subparagraph if the information previously submitted is an accurate reflection of the current information. (iv) Public availability The Administrator shall make available to the public in an accessible database the reports submitted under clause (i), consistent with section 14. . (2) Cumulative health risks posed by covered facilities (A) Definitions In this paragraph: (i) Chemical substance; mixture The terms chemical substance and mixture have the meanings given the terms in section 3 of the Toxic Substances Control Act ( 15 U.S.C. 2602 ). (ii) Covered facility The term covered facility means a covered facility identified in the inventory. (iii) Inventory The term inventory means the inventory published under paragraph (11) of section 8(b) of the Toxic Substances Control Act ( 15 U.S.C. 2607(b) ). (B) Assessment Not later than April 1, 2027, taking into account the inventory, the Administrator shall conduct a single assessment of the aggregate, cumulative public health impacts on fenceline communities at covered facilities. (C) Requirements The assessment under subparagraph (B) shall— (i) ascertain the potentially exposed or susceptible subpopulations; (ii) estimate the magnitude of the potential health impacts on— (I) fenceline communities generally; and (II) more exposed or susceptible subpopulations specifically; (iii) determine which chemical substances or mixtures may be causing or contributing to potential adverse public health impacts; (iv) include an assessment of— (I) the cumulative exposures associated with covered facilities from all chemicals used to make plastic polymers; (II) the chemical substances (including plastic polymers, additives, and byproducts) produced from— (aa) the use of the plastic polymers as feedstocks for other chemicals; and (bb) waste-to-fuel technology; and (III) the impact of chemical substances (including plastic polymers, additives, and byproducts) on— (aa) the recyclability of plastics; (bb) the use of recycled content in food contact products and packaging; and (cc) public health; and (v) focus on— (I) communities located near covered facilities; (II) workers at covered facilities; and (III) other potentially exposed or susceptible subpopulations. (D) Procedural requirements The assessment under subparagraph (B) shall be subject to— (i) public notice and an opportunity for public comment; and (ii) peer review by the Science Advisory Committee on Chemicals established under section 26(o) of the Toxic Substances Control Act ( 15 U.S.C. 2625(o) ). (3) High-priority substances (A) Styrene and vinyl chloride Not later than 2 years after the date of enactment of this Act, the Administrator shall, after public notice and an opportunity for public comment, make a final prioritization determination under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) ) relating to— (i) styrene (including polystyrene); and (ii) vinyl chloride (including polyvinyl chloride). (B) Other chemicals or mixtures With respect to any chemical substances or mixtures (as those terms are defined in section 3 of the Toxic Substances Control Act ( 15 U.S.C. 2602 )) not described in subparagraph (A) and identified in the assessment under paragraph (2) as causing or contributing to potential adverse public health impacts, the Administrator shall— (i) include those chemical substances or mixtures in any subsequently published inventory; and (ii) specify applicable timetables for action as part of the inventory in accordance with clause (vii) or (viii) of paragraph (11) of section 8(b) of the Toxic Substances Control Act ( 15 U.S.C. 2607(b) ). (4) Authorization of appropriations (A) In general There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this subsection and the amendments made by this subsection. (B) Maintenance of funding The funding provided under this paragraph shall supplement (and not supplant) other Federal funding to carry out the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq. ). (h) Hazardous waste Not later than 180 days after the date of enactment of this Act, the Administrator shall initiate a rulemaking to list discarded polyvinyl chloride as a hazardous waste under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ). (i) Cumulative impact requirements for covered facilities (1) Federal Water Pollution Control Act Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended— (A) by striking the section designation and heading and all that follows through Except as in subsection (a)(1) and inserting the following: 402. National pollutant discharge elimination system (a) Permits issued by Administrator (1) In general Except as ; (B) in subsection (a)— (i) in paragraph (1)— (I) by striking upon condition that such discharge will meet either (A) all and inserting the following: subject to the conditions that— (A) the discharge will achieve compliance with— (i) all ; (II) by striking 403 of this Act, or (B) prior and inserting the following: 403; or (ii) prior ; and (III) by striking this Act. and inserting the following: this Act; and (B) as applicable, with respect to the issuance or renewal of the permit to a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act )— (i) based on an analysis by the Administrator of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act ( 42 U.S.C. 7661 )) of the discharge from the covered facility (as so defined), considered in conjunction with the designated and actual uses of the impacted navigable water, there exists a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation; or (ii) if the Administrator determines that, due to those potential cumulative impacts, there does not exist a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, the permit or renewal includes such terms and conditions as the Administrator determines to be necessary to ensure a reasonable certainty of no harm. ; and (ii) in paragraph (2), by striking assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. and inserting the following: ensure compliance with the requirements of paragraph (1), including— (A) conditions relating to— (i) data and information collection; (ii) reporting; and (iii) such other requirements as the Administrator determines to be appropriate; and (B) with respect to covered facilities (as defined in section 4(a) of the Protecting Communities from Plastics Act ) additional controls or pollution prevention requirements. ; and (C) in subsection (b)— (i) in each of paragraphs (1)(D), (2)(B), and (3) through (7), by striking the semicolon at the end and inserting a period; (ii) in paragraph (8), by striking ; and at the end and inserting a period; and (iii) by adding at the end the following: (10) To ensure that no permit will be issued to or renewed for a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act ) if, with respect to an application for the permit, the State determines, based on an analysis by the State of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act ( 42 U.S.C. 7661 )) of the discharge from the covered facility (as so defined), considered in conjunction with the designated and actual uses of the impacted navigable water, that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation. . (2) Clean Air Act (A) Definitions Section 501 of the Clean Air Act ( 42 U.S.C. 7661 ) is amended— (i) in the matter preceding paragraph (1), by striking As used in this title— and inserting In this title: ; (ii) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (5), and (4), respectively, and moving the paragraphs so as to appear in numerical order; and (iii) by inserting after paragraph (1) the following: (2) Cumulative impacts The term cumulative impacts means any exposure, public health or environmental risk, or other effect occurring in a specific geographical area, including from an emission or release— (A) including— (i) environmental pollution released— (I) routinely; (II) accidentally; or (III) otherwise; and (ii) as assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and (B) evaluated taking into account sensitive populations and socioeconomic factors, where applicable. . (B) Permit programs Section 502(b) of the Clean Air Act ( 42 U.S.C. 7661a(b) ) is amended— (i) in paragraph (5)— (I) in subparagraphs (A) and (C), by striking assure each place it appears and inserting ensure ; and (II) by striking subparagraph (F) and inserting the following: (F) ensure that no permit will be issued to or renewed for a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act ), as applicable, if— (i) with respect to an application for a permit or renewal of a permit for a major source that is a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act ), the permitting authority determines under paragraph (9)(C)(ii)(I)(bb)(BB) that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of the applicable census tracts or Tribal census tracts (as those terms are defined by the Director of the Bureau of the Census); or (ii) the Administrator objects to the issuance of the permit in a timely manner under this title. ; and (ii) in paragraph (9)— (I) in the fourth sentence, by striking Such permit revision and inserting the following: (iii) Treatment as renewal A permit revision under this paragraph ; (II) in the third sentence, by striking No such revision shall and inserting the following: (ii) Exception A revision under this paragraph shall not ; (III) in the second sentence, by striking Such revisions and inserting the following: (B) Revision requirements (i) Deadline A revision described in subparagraph (A) or (C) ; (IV) by striking (9) A requirement and inserting the following: (9) Major sources (A) In general Subject to subparagraph (C), a requirement that ; and (V) by adding at the end the following: (C) Certain plastics facilities (i) Definition of covered facility In this subparagraph, the term covered facility has the meaning given the term in section 4(a) of the Protecting Communities from Plastics Act . (ii) Additional requirements With respect to any permit or renewal of a permit, as applicable, for a major source that is a covered facility, the permitting authority shall, in determining whether to issue or renew the permit— (I) evaluate the potential cumulative impacts of the proposed covered facility, as described in the applicable cumulative impacts analysis submitted under section 503(b)(3); (II) if, due to those potential cumulative impacts, the permitting authority cannot determine that there exists a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of any census tracts or Tribal census tracts (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the covered facility is, or is proposed to be, located— (aa) include in the permit or renewal such terms and conditions (including additional controls or pollution prevention requirements) as the permitting authority determines to be necessary to ensure a reasonable certainty of no harm; or (bb) if the permitting authority determines that terms and conditions described in item (aa) would not be sufficient to ensure a reasonable certainty of no harm, deny the issuance or renewal of the permit; (III) determine whether the applicant is a persistent violator, based on such criteria relating to the history of compliance by an applicant with this Act as the Administrator shall establish by not later than 180 days after the date of enactment of the Protecting Communities from Plastics Act ; (IV) if the permitting authority determines under subclause (III) that the applicant is a persistent violator and the permitting authority does not deny the issuance or renewal of the permit pursuant to subclause (V)(bb)— (aa) require the applicant to submit a redemption plan that describes, if the applicant is not in compliance with this Act, measures the applicant will carry out to achieve that compliance, together with an approximate deadline for that achievement, measures the applicant will carry out, or has carried out to ensure the applicant will remain in compliance with this Act, and to mitigate the environmental and health effects of noncompliance, and the measures the applicant has carried out in preparing the redemption plan to consult or negotiate with the communities affected by each persistent violation addressed in the plan; and (bb) once such a redemption plan is submitted, determine whether the plan is adequate to ensuring that the applicant will achieve compliance with this Act expeditiously, will remain in compliance with this Act, will mitigate the environmental and health effects of noncompliance, and has solicited and responded to community input regarding the redemption plan; and (V) deny the issuance or renewal of the permit if the permitting authority determines that— (aa) the redemption plan submitted under subclause (IV)(aa) is inadequate; or (bb) the applicant has submitted a redemption plan on a prior occasion, but continues to be a persistent violator and that there is no indication exists of extremely exigent circumstances excusing the persistent violations. . (C) Permit applications Section 503(b) of the Clean Air Act ( 42 U.S.C. 7661b(b) ) is amended by adding at the end the following: (3) Analyses for certain plastics facilities The regulations required by section 502(b) shall include a requirement that an applicant for a permit or renewal of a permit for a major source that is a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act ) shall submit, together with the compliance plan required under this subsection, a cumulative impacts analysis for each census tract or Tribal census tract (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the major source that is a covered source (as so defined) is, or is proposed to be, located that analyzes— (A) community demographics and locations of community exposure points, such as residences, schools, day care centers, nursing homes, hospitals, health clinics, places of religious worship, parks, playgrounds, and community centers; (B) air quality and the potential effect on that air quality of emissions of air pollutants (including pollutants listed under section 108 or 112) from the proposed covered facility (as so defined), including in combination with existing sources of pollutants; (C) the potential effects on soil quality and water quality of emissions of air and water pollutants that could contaminate soil or water from the proposed major source, including in combination with existing sources of pollutants; and (D) public health and any potential effects on public health of the proposed covered facility (as so defined). . (j) Financial assurance requirements for covered facilities (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator shall develop and require as a condition to receiving a permit under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) financial assurance requirements for new covered facilities that demonstrate the presence of sufficient financial resources— (A) to safely close the covered facility at the end of the operational life of the covered facility; or (B) to provide appropriate emergency response in the case of an accidental release. (2) Application to existing covered facilities The financial assurance requirements under paragraph (1) shall apply to existing covered facilities at the time on which an existing covered facility seeks renewal of a permit under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). (k) Siting restrictions for new covered facilities The issuance or approval of a permit under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) for new covered facilities or for the expansion of existing covered facilities shall be prohibited within 5 miles of a community building or area, including a school, a residence, a day care center, a nursing home, a hospital, a health clinic, a place of religious worship, a park, a playground, and a community center. 5. Federal source reduction and reuse targets (a) Definition of source reduction (1) In general In this section, the term source reduction means the reduction in the quantity of single-use plastic packaging and food service ware created by producers relative to the baseline established pursuant to subsection (b)(1) by methods that may include— (A) shifting to reusable or refillable packaging or food service ware systems; or (B) eliminating unnecessary packaging. (2) Exclusions In this section, the term source reduction does not include— (A) replacing a recyclable or compostable single-use plastic packaging or food service ware with— (i) a nonrecyclable or noncompostable single-use plastic packaging or food service ware; or (ii) a single-use plastic packaging or food service ware that is less likely to be recycled or composted; or (B) switching from virgin single-use plastic packaging or food service ware to plastic postconsumer recycled content. (b) Federal source reduction targets (1) Baseline Not later than December 31, 2025, the Administrator shall promulgate regulations to establish a baseline quantity, by total weight and total number of items, of all single-use plastic packaging and food service ware produced, sold, offered for sale, imported, or distributed in the United States during calendar year 2024. (2) Reduction targets (A) In general Not later than December 31, 2027, the Administrator shall promulgate regulations to establish phased source reduction targets for all single-use plastic packaging and food service ware produced, sold, offered for sale, imported, or distributed in the United States, which shall be organized by product category. (B) Minimum The phased source reduction targets established under subparagraph (A) shall include a source reduction target of not less than 25 percent by 2032. (c) Federal reuse and refill targets (1) In general Not later than December 31, 2025, the Administrator shall promulgate regulations to establish phased reuse and refill targets for all plastic packaging and food service ware produced, sold, offered for sale, imported, or distributed in the United States. (2) Minimum The phased reuse and refill targets established under paragraph (1) shall include reuse and refill targets of not less than 30 percent by 2032. (d) Exclusion Nothing in this section applies to any single-use plastic used for— (1) medical equipment, supplements, medical devices, consumer personal protective equipment, or other products determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health or for people with disabilities; (2) packaging that is— (A) for any product described in paragraph (1) that is determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health or for people with disabilities; or (B) used for the shipment of hazardous materials that is prohibited from being composed of used materials under section 178.509 or 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); or (3) a personal hygiene product that, due to the intended use of the product, could become unsafe or unsanitary to recycle, such as a diaper. 6. Advancing refillable and reusable systems (a) Grant program To support equity and innovation in refillable and reusable packaging (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a competitive grant program (referred to in this subsection as the program ) to provide grants to eligible entities described in paragraph (3) to carry out scalable reuse and refill projects in accordance with this subsection. (2) Objectives To be eligible for a grant under the program, a reuse and refill project shall evaluate the efficacy and cost-effectiveness of tools, technologies, and techniques for 1 or more of the following objectives: (A) Expanding reuse and refill programs to replace single-use plastics currently used in consumer goods industries, including replacement with food service and consumer food and beverage products that— (i) are affordable, convenient, scalable, nontoxic, and equitable; and (ii) satisfy the requirements described in section 3(3)(A). (B) Expanding consumer knowledge of reuse and refill programs, including through the development of accessible educational and outreach programs and materials. (C) Installing and expanding access to publicly available water bottle refilling stations. (D) Installing and expanding access to sanitation infrastructure in public or community buildings to enable safe and hygienic reuse, including dishwashers and sanitation stations. (3) Eligible entities To be eligible to receive a grant under the program, an entity shall be— (A) an educational institution, including an institution of higher education; (B) a nonprofit or community-based organization; (C) a State, local, or Tribal government; (D) a for-profit restaurant, business, or other organization; or (E) a public-private partnership. (4) Nontoxic requirements Materials used as part of a reuse and refill project under the program shall not contain— (A) toxic heavy metals, pathogens, or additives, including— (i) a perfluoroalkyl or polyfluoroalkyl substance; (ii) an ortho-phthalate; (iii) a bisphenol compound (not including an alkyl-substituted bisphenol compound generated through a xylenol-aldehyde process); or (iv) a halogenated flame retardant; or (B) chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) ), including the chemicals or mixtures of chemicals described in section 4(g)(3). (5) Priorities In awarding grants under the program, the Administrator shall— (A) give priority to projects that will directly benefit populations of color, communities of color, indigenous communities, rural communities, and low-income communities; (B) give priority to a project that achieves more than 1 of the objectives described in paragraph (2); and (C) ensure that a grant is provided to carry out a project in each region of the Environmental Protection Agency. (6) Prize competition (A) In general Not later than 1 year after the first round of grants is awarded under the program, the Administrator shall establish a prize competition under which the Administrator shall— (i) evaluate the projects carried out by each recipient of a grant under the program; and (ii) award a prize to 1 of those recipients. (B) Amount The Administrator shall determine the amount of the prize under this paragraph. (C) Use The recipient of the prize under this paragraph shall use the amount of the prize to demonstrate that the reuse or refill project carried out by the recipient under the program— (i) is scalable; (ii) serves the community in which the program is carried out; and (iii) is implemented in a sustainable and equitable manner. (7) Report Not later than 3 years after the date on which the Administrator establishes the program, the Administrator shall submit to Congress a report describing the effectiveness of the projects carried out under the program. (8) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the program. (b) Report on reuse and refill product delivery systems (1) In general Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall make publicly available a report on feasibility and best practices relating to reuse and refill within the following sectors: (A) Food service, including— (i) take out; (ii) delivery of prepared meals; and (iii) meal kits. (B) Consumer food and beverage products. (C) Consumer cleaning products. (D) Consumer personal care products. (E) Transportation or shipping of wholesale and retail goods. (F) Public educational institutions, including institutions of higher education. (G) Other sectors, as identified by the Administrator. (2) Objectives The report under paragraph (1) shall evaluate and summarize— (A) types of reuse and refill product delivery systems that can be best used at different scales; (B) methods to ensure equitable distribution of reuse and refill product delivery systems in populations of color, communities of color, indigenous communities, and low-income communities; (C) job creation opportunities through the use or expansion of reuse and refill systems; (D) economic costs and benefits for— (i) the businesses that deploy reuse and refill technologies; and (ii) the parties responsible for waste collection and management; (E) types of local, State, and Federal support needed to expand the use of reuse and refill systems; and (F) existing barriers to widespread implementation of reuse and refill systems. (3) Consideration In preparing the report under paragraph (1), the Administrator shall consider relevant information on reuse and refill programs and approaches in States, units of local government, and other countries. 7. Studies; agency directives (a) Definition of microplastic In this section, the term microplastic means a plastic or plastic-coated particle that is less than 5 millimeters in any dimension. (b) National Recycling Strategy The Administrator shall not expand the scope of the National Recycling Strategy of the Environmental Protection Agency to include facilities that treat plastic waste through the use of pyrolysis, gasification, or similar chemical recycling technologies. (c) Food and Drug Administration study (1) In general The Commissioner of Food and Drugs, in consultation with the Secretary of Agriculture and, as necessary, the heads of other Federal agencies such as the Director of the National Institute of Standards and Technology and such other Federal agencies as the Commissioner of Food and Drugs determines to be necessary, shall conduct a nationwide study on the presence and sources of microplastics in food (including drink) products, including food products containing fish, meat, fruits, or vegetables. (2) Report Not later than 1 year after the date of enactment of this Act, the Commissioner of Food and Drugs shall submit to Congress and make publicly available a report on the study conducted under this subsection. (3) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this subsection. (d) Microplastics pilot program (1) Establishment The Administrator shall establish a pilot program (referred to in this subsection as the pilot program ) to test the efficacy and cost effectiveness of tools, technologies, and techniques— (A) to remove microplastics from the environment without causing additional harm to the environment; and (B) to prevent the release of microplastics into the environment. (2) Requirements In carrying out the pilot program, the Administrator shall include the testing, and analysis and mitigation of any environmental impacts, of— (A) natural infrastructure; (B) green infrastructure (as defined in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 )); and (C) mechanical removal systems (such as pumps) and filtration technologies, including a consideration of potential negative ecological impacts that may result from filtration in natural waterways and ocean waters. (3) Eligible pilot program locations In carrying out the pilot program, the Administrator may carry out projects located in— (A) stormwater systems; (B) wastewater treatment facilities; (C) drinking water systems; (D) ports, harbors, inland waterways, estuaries, and marine environments; and (E) roadways, highways, and other streets used for vehicular travel. (4) Outreach In determining selection criteria and projects to carry out under the pilot program, the Administrator shall conduct outreach to— (A) the Interagency Marine Debris Coordinating Committee established under section 5(a) of the Marine Debris Act ( 33 U.S.C. 1954(a) ); and (B) stakeholders and experts in the applicable field, as determined by the Administrator. (5) Reports (A) Initial report Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the outreach conducted under paragraph (4). (B) Subsequent report Not later than 3 years after the date on which the Administrator establishes the pilot program, the Administrator shall submit to Congress a report describing the effectiveness of projects carried out under the pilot program. (6) Rulemaking required Not later than 1 year after the date on which the Administrator submits to Congress the report required under paragraph (5)(B), the Administrator shall initiate a rulemaking to address abatement and mitigation of microplastics in locations described in paragraph (3) using technologies and methods tested under the pilot program. (7) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this subsection. (e) National Institutes of Health research (1) In general The Director of the National Institutes of Health shall conduct or support research on the presence of microplastics in the human body, which may include determining how the presence of microplastics in organs and biospecimens, including urine, breastmilk, and stool, impacts human health. (2) Report Not later than 1 year after the date of enactment of this Act, and annually for the next 4 years thereafter, the Director of the National Institutes of Health shall submit to Congress and make publicly available a report that provides an overview of the research conducted or supported under this subsection and any relevant findings. (3) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this subsection. 8. Reducing single-use plastics in agriculture (a) Biodegradable weed barriers practice under the environmental quality incentives program The Secretary of Agriculture shall designate a project to replace the use of on-farm plastic weed barriers and weed mitigants with nonplastic, biodegradable alternatives as an agricultural conservation practice or enhancement that meets the requirement described in section 21001(a)(1)(B)(iii) of Public Law 117–169 (commonly referred to as the Inflation Reduction Act of 2022 ). (b) Single-Use plastic farm product packaging reduction grants Section 210A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627c ) is amended— (1) in subsection (b)— (A) in paragraph (5), by striking and at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: (6) supports the reduction of single-use plastics from the post-production distribution packaging of agricultural producers; and ; (2) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; (3) by striking subsection (i) each place it appears and inserting subsection (j) ; (4) by inserting after subsection (e) the following: (f) Single-Use plastic farm product packaging reduction grants (1) In general The Secretary shall provide grants to entities described in paragraph (3) to significantly reduce or eliminate single-use plastics from the post-production distribution packaging of the entities. (2) Administration The Secretary shall carry out this subsection through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Rural Business-Cooperative Service. (3) Eligible entities An entity shall be eligible for a grant under paragraph (1) if the entity is— (A) an independent producer (as determined by the Secretary) of a value-added agricultural product; or (B) an agricultural producer group, farmer or rancher cooperative, or majority-controlled producer-based business venture (as determined by the Secretary). (4) Grant amount The amount of a grant provided under paragraph (1) shall be not more than $250,000. (5) Term The term of a grant provided under paragraph (1) shall be 3 years. (6) Priority In providing grants under paragraph (1), the Secretary shall give priority to— (A) beginning farmers or ranchers; (B) veteran farmers or ranchers; (C) organic and regenerative farmers; and (D) socially disadvantaged farmers or ranchers. (7) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2023 through 2032. ; and (5) in subsection (i)(1) (as so redesignated), in the matter preceding subparagraph (A), by striking subsection (i)(3)(E) and inserting subsection (j)(3)(E) . | https://www.govinfo.gov/content/pkg/BILLS-117s5163is/xml/BILLS-117s5163is.xml |
117-s-5164 | II 117th CONGRESS 2d Session S. 5164 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Wicker (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To designate the Russian-based PMC Wagner Group as a foreign terrorist organization, and for other purposes.
1. Short titles This Act may be cited as the Holding Accountable Russian Mercenaries Act or the HARM Act . 2. Findings Congress makes the following findings: (1) The Secretary of State's designation of an entity as a foreign terrorist organization results from a determination that— (A) the entity is foreign and engages in terrorism or terrorist activity; and (B) the terrorist activity threatens the security of the United States or its nationals. (2) The activities of the PMC Wagner Group and affiliated entities of Russian national Yevgeniy Prigozhin pose a threat to the national interests and national security of the United States and allies and partners of the United States, including with respect to Russia’s war on Ukraine, which President Biden declared, on March 2, 2022, pose[s] an unusual and extraordinary threat to the national security and foreign policy of the United States . (3) On June 20, 2017, the Department of the Treasury's Office of Foreign Assets Control designated PMC Wagner and its military leader, Dmitry Utkin, pursuant to Executive Order 13660 (titled Blocking Property of Additional Certain Persons Contributing to the Situation in Ukraine ) for being responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security, stability, sovereignty or territorial integrity of Ukraine . (4) On September 20, 2018, the Department of State added Yevgeniy Prigozhin and his affiliated entities, including the PMC Wagner Group, to the list of persons identified as part of, or operating for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ). (5) The PMC Wagner Group, a self-described private actor that undertakes military action and subversive operations at the behest of the Government of the Russian Federation, is a terrorist group that engages in terrorism (as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Year 1988 and 1989 ( 22 U.S.C. 2656f(d) )), which is premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents . (6) The PMC Wagner Group and its affiliated entities have committed, or are credibly accused of committing, terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) ), through their involvement in— (A) the massacres, rape, and torture of civilians in Bucha, Ukraine, in March 2022; (B) the massacres in Moura, Mali, in March 2022; (C) the massacres of migrant workers and civilians in mining regions along the Sudan- Central African Republic border in 2022; (D) the murder of Russian journalists in the Central African Republic in June 2018 as well as threats against United States journalists investigating such incident; (E) the kidnapping of children in the Central African Republic in 2022 to work in mines; (F) the rape and sex trafficking of women and children in the Central African Republic between 2018 and 2022; (G) the sabotage and lethal suppression of civilian protestors in Sudan in 2019; (H) the use of nerve agents against Libya’s Government of National Accord and deployment of illegal landmines and booby-traps in civilian areas of Tripoli between 2019 and 2020; (I) the torture and execution of a Syrian national in June 2017; and (J) efforts to assassinate Ukrainian President Volodymyr Zelensky in March 2022. 3. Sense of Congress It is the sense of Congress that— (1) the Russian-based PMC Wagner Group meets the criteria for designation by the Secretary of State as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ); and (2) the Secretary of State should designate the PMC Wagner Group as a foreign terrorist organization under such section 219. 4. Designation of PMC Wagner Group as a foreign terrorist organization (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall designate the PMC Wagner Group as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). (b) Application The designation required under subsection (a) shall equally apply to any affiliated and successor entities to the PMC Wagner Group undertaking malign activities against the United States and its allies and partners, including activities taking place in Ukraine, Africa, and the Middle East. (c) Waiver The President may waive the application of sanctions under this section if the President determines and reports to the appropriate congressional committees that such a waiver is in the national security interest of the United States. (d) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Armed Services of the Senate ; (2) the Committee on Foreign Relations of the Senate ; (3) the Committee on Banking, Housing, and Urban Affairs of the Senate ; (4) the Committee on Financial Services of the House of Representatives ; (5) the Committee on Foreign Affairs of the House of Representatives ; (6) the Committee on the Judiciary of the House of Representatives ; and (7) the Committee on Armed Services of the House of Representatives . | https://www.govinfo.gov/content/pkg/BILLS-117s5164is/xml/BILLS-117s5164is.xml |
117-s-5165 | II 117th CONGRESS 2d Session S. 5165 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Toomey introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To facilitate pipeline construction and limit regulatory and litigation delays under the Federal Water Pollution Control Act, the National Environmental Policy Act of 1969, and the Endangered Species Act of 1973, and for other purposes.
1. Short title This Act may be cited as the Pipeline Permitting for Energy Security Act of 2022 . 2. Clean Water Act permitting (a) State certification programs Section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ) is amended— (1) by striking the heading and section designation and all that follows through may be. at the end of subsection (a)(1) and inserting the following: 401. Certification (a) State certifications (1) Certification required (A) Definitions In this paragraph: (i) Certification application The term certification application means a request from an applicant for a certification described in subparagraph (B). (ii) Certifying authority The term certifying authority , with respect to a certification described in subparagraph (B), means the applicable entity described in subclause (I), (II), or (III) of subparagraph (B)(i). (B) Compliance with limitations (i) In general Any applicant for a Federal license or permit to conduct an activity, including the construction or operation of facilities, that may result in a discharge from a point source into the waters of the United States shall provide the Federal licensing or permitting agency a certification that the discharge will comply with applicable water quality requirements from— (I) the State in which the discharge originates or will originate; (II) if appropriate, the interstate water pollution control agency with jurisdiction over the waters of the United States at the point where the discharge originates or will originate; or (III) if no State or interstate water pollution control agency has the authority to give such a certification, the Administrator. (ii) Certification of no limitation and standard (I) In general In the case of any activity described in clause (i) for which there is not an applicable effluent limitation or other limitation under sections 301(b) and 302 and for which there is not an applicable standard under sections 306 and 307, the certifying authority shall so certify. (II) Effect A certification under subclause (I) does not satisfy section 511(c). (iii) Certification required (I) Construction prohibited until certification Construction for which a certification is required under this subparagraph may not begin until the certification has been obtained, unless the requirement for the certification has been waived in accordance with this paragraph. (II) Effect of denial If a certifying authority denies a certification application, the Federal license or permit for which the certification application was made may not be granted. (iv) Scope of certification In determining whether to issue a certification under this subparagraph and in determining what conditions to impose on a certification under this subparagraph, a certifying authority may only consider whether the discharge for which the certification application was made complies with applicable water quality requirements. (C) Required procedures (i) Notice and hearings Each certifying authority shall establish procedures for— (I) public notice in the case of all certification applications; (II) to the extent the certifying authority determines to be appropriate, public hearings in connection with specific certification applications; and (III) a prefiling meeting as described in clause (ii). (ii) Prefiling meeting (I) Request Before submitting a certification application, the prospective applicant may request a prefiling meeting with the certifying authority— (aa) to ensure that the certifying authority receives early notification of projects for which a certification under subparagraph (B) is necessary; and (bb) to discuss informational needs with the certifying authority before submitting the application. (II) Response required If a prospective applicant requests a prefiling meeting with a certifying authority pursuant to subclause (I), the certifying authority shall— (aa) respond to the request not later than 30 days after the date on which the request is received; and (bb) hold the prefiling meeting with the prospective applicant by not later than 60 days after the date on which the request is received. (iii) Denials of certification (I) Individual licenses and permits If a certifying authority denies a certification application for an individual license or permit, the certifying authority shall provide to the applicable Federal licensing or permitting agency— (aa) the specific applicable water quality requirements with which the discharge will not comply; (bb) a statement explaining why the discharge will not comply with the identified applicable water quality requirements; and (cc) if the denial is due to insufficient information, a description of the specific water quality data or information, if any, that would be needed to ensure that the discharge from the proposed project will comply with applicable water quality requirements. (II) General licenses or permits If a certifying authority denies a certification application for a general license or permit, the certifying authority shall provide to the applicable Federal licensing or permitting agency— (aa) the specific applicable water quality requirements with which discharges that could be authorized by the general license or permit will not comply; (bb) a statement explaining why discharges that could be authorized by the general license or permit will not comply with the identified applicable water quality requirements; and (cc) if the denial is due to insufficient information, a description of the specific water quality data or information, if any, that would be needed to assure that the range of discharges that could be authorized by the general license or permit from potential projects will comply with applicable water quality requirements. (iv) Review (I) In general Not later than 60 days after the date on which a Federal licensing or permitting agency receives a notice described in clause (iii) or a certification under subparagraph (B) that includes conditions to that certification, the Federal licensing or permitting agency shall complete a review of the process undertaken by the certifying authority in reviewing the applicable certification application to determine whether the certifying authority established a reasonable period of time within which to review that certification application in accordance with subparagraph (D)(ii). (II) Denials If, after carrying out a review under subclause (I) of the process undertaken by a certifying authority with respect to a denial of a certification application, a Federal licensing or permitting agency determines that the certifying authority did not, in determining the reasonable period of time within which to review the certification application, consider all of the factors described in subclause (I), (II), or (III) of subparagraph (D)(ii), the Federal licensing or permitting agency shall— (aa) deem the certifying authority to have failed to act on the certification application; and (bb) pursuant to subparagraph (D)(iii), consider the requirement for a certification under subparagraph (B) waived. (III) Conditions If, after carrying out a review under subclause (I) of the process undertaken by a certifying authority with respect to including conditions to a certification under subparagraph (B), a Federal licensing or permitting agency determines that the certifying authority did not, in determining the reasonable period of time within which to review the applicable certification application, consider all of the factors described in subclause (I), (II), or (III) of subparagraph (D)(ii), the Federal licensing or permitting agency shall consider the certification conditions void. (D) Review period (i) In general A certifying authority shall, subject to this subparagraph, issue to the applicable Federal licensing or permitting authority a final action on a certification application within a reasonable period of time, which— (I) shall be determined by the certifying authority by not later than 60 days after the date on which the certification application is received by the certifying authority; but (II) (aa) shall begin on the date on which the certification application is received by the certifying authority; and (bb) shall not exceed 1 year from the date on which the certifying authority receives the certification application. (ii) Determination of reasonable period In determining the reasonable period of time under clause (i)(I), a certifying authority shall consider— (I) the complexity of the project described in the certification application; (II) the nature of any potential discharge from that project; and (III) the potential need for additional study or evaluation of water quality effects from the discharge. (iii) Failure to act within period If a certifying authority fails or refuses to issue a final action on a certification application by the end of the reasonable period of time established under this subparagraph, the requirement for a certification under subparagraph (B) shall be waived. (iv) No pausing or tolling The reasonable period of time established for a certification application under this subparagraph may not be paused or tolled for any reason. (E) Final action (i) In general After completion of the reasonable period of time established under subparagraph (D) and any review that may be required under subparagraph (C)(iv) for a certification application, the certifying authority or Federal licensing or permitting authority, as applicable, shall apply only 1 of the following final actions to the certification application: (I) The certification application is granted. (II) The certification application is granted with conditions. (III) The certification application is denied. (IV) The certification requirements under subparagraph (B) have been waived in accordance with this paragraph with respect to the activity for which the certification application was submitted. (ii) No other final actions No other final action may apply to a certification application except as described in clause (i). (F) Enforcement of conditions The Federal licensing or permitting authority to which a certification under this subsection was issued shall be responsible for enforcing any conditions included with that certification. (G) Timeline for action If a Federal court remands or vacates a certification under this paragraph, the Federal court shall set and enforce a reasonable schedule and deadline, not to exceed 180 days from the date on which the Federal court remands or vacates the certification, for the certifying agency to act on the remand or vacatur. ; (2) in subsection (a) (as so amended)— (A) in paragraph (2), by striking (2) Upon receipt and inserting the following: (2) Notice to Administrator; effect on other States On receipt ; (B) in paragraph (3), by striking (3) The certification and inserting the following: (3) Fulfillment of requirements The certification ; (C) in paragraph (4), by striking (4) Prior to and inserting the following: (4) Review for compliance Prior to ; (D) in paragraph (5), by striking (5) Any Federal and inserting the following: (5) Suspension and revocation Any Federal ; and (E) in paragraph (6), by striking (6) Except with and inserting the following: (6) Applicability to certain facilities Except with ; (3) in subsection (b), by striking (b) Nothing and inserting the following: (b) Compliance with other provisions of law setting applicable water quality requirements Nothing ; (4) in subsection (c), by striking (c) In order and inserting the following: (c) Authority of secretary of the army To permit use of spoil disposal areas by federal licensees or permittees In order ; (5) in subsection (d), by striking (d) Any certification and inserting the following: (d) Limitations and monitoring requirements of certification Any certification ; and (6) by adding at the end the following: (e) Definition of applicable water quality requirements In this section, the term applicable water quality requirements means— (1) the applicable provisions of sections 301, 302, 303, 306, and 307; and (2) applicable State or Tribal regulatory requirements for the discharge from point sources into the waters of the United States. . (b) Permits for dredged or fill material (1) In general Section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) is amended— (A) by striking the heading and section designation and all that follows through (a) The Secretary and inserting the following: 404. Permits for dredged or fill material (a) Discharge into navigable waters at specified disposal sites (1) In general The Secretary ; (B) in subsection (a)(1) (as so designated), in the second sentence— (i) by striking this subsection each place it appears and inserting paragraph (1) ; and (ii) by striking Not later than the fifteenth day and inserting the following: (2) Notice Not later than the 15th day ; (C) in subsection (c)— (i) in the third sentence— (I) by striking his finding and his reasons and inserting the findings and reasons of the Administrator ; and (II) by striking The Administrator and inserting the following: (4) Findings and reasoning The Administrator ; (ii) in the second sentence, by striking Before making such determination and inserting the following: (3) Consultation Before making a determination under paragraph (1) ; (iii) by striking (c) The Administrator and inserting the following: (c) Prohibition of specification of areas as disposal sites (1) In general Subject to paragraph (2), the Administrator ; and (iv) by inserting after paragraph (1) (as so designated) the following: (2) Limitation The Administrator may not prohibit the specification of a defined area as a disposal site, or otherwise deny or restrict the use of a defined area as a disposal site after a permit under this section for the area has been issued by the Secretary. ; (D) in subsection (e)— (i) in paragraph (1), in the second sentence— (I) by striking subsection (b)(1) of this section, and (B) set forth and inserting the following: subsection (b)(1); and (ii) set forth ; (II) by striking shall (A) be based and inserting the following: shall— (i) be based ; and (III) by striking Any general and inserting the following: (B) Requirements for issuance Any general ; (ii) by striking (e)(1) In carrying and inserting the following: (e) General permits on State, regional, or nationwide basis (1) Permits authorized (A) In general In carrying ; (iii) in paragraph (2), by striking (2) No general and inserting the following: (2) Term No general ; and (iv) by adding at the end the following: (3) Single and complete projects (A) Definition of single and complete project (i) In general In this paragraph, the term single and complete project , with respect to a project for which the Secretary is determining whether a general permit issued under this subsection applies, means that portion of the total project proposed or accomplished by— (I) a single owner or developer; (II) a partnership of 1 or more owners or developers; or (III) an association of owners or developers. (ii) Linear projects (I) Definition In this clause, the term linear project means a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which may involve multiple crossings of 1 or more waters of the United States at separate and distant locations. (II) General rule For purposes of this paragraph, with respect to projects described in clause (i) that are linear projects— (aa) the crossings of separate waters of the United States at a specific location shall be considered 1 single and complete project; but (bb) each crossing of a single water of the United States shall be considered a separate single and complete project if those crossings are at separate and distant locations. (III) Additional exclusions For purposes of subclause (II), individual channels in a braided stream or river, individual arms of a large, irregularly-shaped wetland or lake, and other, similar bodies of water shall not be considered to be separate waters of the United States. (B) Requirement In determining whether a general permit issued under this subsection applies to an activity, the Secretary shall consider the estimated total of all losses of waters of the United States expected to result from the single and complete project. (C) Use of multiple permits The Secretary may combine 2 or more general permits issued under this subsection to authorize a single and complete project, but the same general permit issued under this subsection may not be used more than once for a single and complete project. (4) Reissuance of nationwide permits In determining whether to reissue a general permit issued under this subsection on a nationwide basis— (A) no consultation with an applicable State pursuant to section 6(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1535(a) ) is required; (B) no consultation with a Federal agency pursuant to section 7(a)(2) of that Act ( 16 U.S.C. 1536(a)(2) ) is required; and (C) for purposes of carrying out the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to that reissuance, conducting an environmental assessment on a nationwide basis is sufficient for purposes of compliance with that Act. (5) Nationwide permit for oil and natural gas pipelines Notwithstanding any other provision of this section, the Secretary shall maintain a nationwide permit for the activities required for the construction, maintenance, repair, operation, and removal of oil and natural gas pipelines and associated facilities that result in the loss of, with respect to waters of the United States, an area of more than 1/2 acre for each single and complete project (as defined in paragraph (3)(A)), which shall be known as nationwide permit 12 . ; (E) in subsection (h)— (i) in paragraph (1), by adding at the end the following: (I) To issue permits not later than the date that is 1 year after the date on which the State receives an application for the permit, which may not be paused or tolled for any reason. (J) To ensure that, if the State does not issue a final action with respect to an application for a permit within the 1-year period described in subparagraph (I), the application is considered to be approved. (K) To carry out a programmatic review of the program annually to ensure that the program does not exceed the authority granted to the State under this section. ; and (ii) by adding at the end the following: (6) Action required (A) In general A State with a permit program approved under this subsection shall issue a final action with respect to an application for a permit described in subsection (g)(1) not later than 1 year after the date of receipt of the application. (B) Failure to act An application for a permit described in subsection (g)(1) submitted to a State with a permit program approved under this subsection shall be considered to be approved if the State fails to issue a final action with respect to the application by the end of the 1-year period described in subparagraph (A). (C) No pausing or tolling The 1-year period described in subparagraph (A) may not be paused or tolled for any reason. ; (F) in subsection (s)(3), in the third sentence, by striking acton and inserting action ; (G) in subsection (t), by striking (t) Nothing and inserting the following: (u) Savings provision Nothing ; and (H) by inserting after subsection (s) the following: (t) Judicial review (1) Statute of limitations (A) In general Notwithstanding any other provision of law, an action seeking judicial review of an individual or general permit issued under this section shall be filed not later than the date that is 60 days after the date on which the permit was issued. (B) Savings provision Nothing in subparagraph (A) authorizes an action seeking judicial review of the structure of or authorization for a State permit program approved pursuant to this section. (2) Timeline to act on remand and vacatur If a Federal court remands or vacates a permit under this section, the Federal court shall set and enforce a reasonable schedule and deadline, which may not exceed 180 days from the date on which the Federal court remands or vacates the permit, for the issuer of the permit to act on that remand or vacatur. . (2) Ratification of current permits Notwithstanding any other provision of law, each category of activities authorized by a general permit issued under section 404(e) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(e) ) (including nationwide permit 12) or under section 10 of the Act of March 3, 1899 ( 33 U.S.C. 403 ), that is in effect on the date of enactment of this Act shall, consistent with subparagraph (A) of section 404(e)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(e)(1) ), be considered to cause— (A) not more than minimal adverse environmental effects when actions authorized under those permits are carried out separately; and (B) not more than minimal cumulative adverse effects on the environment. (3) Savings provision Nothing in this subsection or the amendments made by this subsection requires a State (including an Indian tribe that is treated as a State pursuant to section 518(e) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377(e) )) for which the Administrator of the Environmental Protection Agency has approved a permit program pursuant to subsections (g) and (h) of section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) to seek reapproval of the permit program in accordance with those subsections. (c) Definition of navigable waters Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ) is amended— (1) in each of paragraphs (1) through (20), by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; (2) by indenting paragraphs (1) through (20) appropriately; and (3) by striking paragraph (7) and inserting the following: (7) Navigable waters; waters of the United States (A) In general The terms navigable waters and waters of the United States mean— (i) the territorial seas and waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including waters that are subject to the ebb and flow of the tide; (ii) a tributary; (iii) a lake, pond, or impoundment of water from a body of water otherwise described in this subparagraph that— (I) contributes to surface water flow to a body of water described in clause (i) in a typical year; or (II) is inundated by flooding from a body of water otherwise described in this subparagraph during a typical year; and (iv) adjacent wetlands. (B) Exclusions The terms navigable waters and waters of the United States do not include— (i) an ephemeral feature, including an ephemeral stream, swale, gully, rill, pool, or tributary that is ephemeral during a typical year; (ii) groundwater, including groundwater drained through subsurface drainage systems; (iii) an artificially irrigated area that would revert to upland or dry land if that artificial irrigation ceased; (iv) an artificial lake or pond that— (I) is not an impoundment described in subparagraph (A)(iii); and (II) is constructed or excavated in upland or dry land; (v) a water-filled depression that is— (I) constructed or excavated in upland or dry land; and (II) incidental to mining or construction activity; (vi) a pit that is excavated in upland for the purpose of obtaining fill, sand, or gravel; (vii) a stormwater control feature that is constructed or excavated in upland or dry land to convey, treat, infiltrate, or store stormwater runoff; (viii) a groundwater recharge, water reuse, or wastewater treatment recycling structure that is constructed or excavated in upland or dryland; (ix) a waste treatment system; (x) prior converted cropland; (xi) (I) a ditch that is not a body of water described in clause (i) or (ii) of subparagraph (A); and (II) any portion of a ditch constructed in adjacent wetlands that does not meet the requirements described in subparagraph (C)(i); (xii) diffuse stormwater runoff and directional sheet flow over upland; and (xiii) a water or water feature that is not identified in subparagraph (A). (C) Associated definitions For purposes of this paragraph: (i) Adjacent wetlands The term adjacent wetlands means wetlands that— (I) touch at least one point or side of a body of water described in clause (i), (ii), or (iii) of subparagraph (A); (II) are inundated by flooding from a body of water described in clause (i), (ii), or (iii) of subparagraph (A) during a typical year; or (III) are physically separated from a body of water described in clause (i), (ii), or (iii) of subparagraph (A) only by— (aa) a natural berm, bank, dune, or similar natural feature; or (bb) an artificial dike, barrier, or similar artificial structure, if that structure allows for a direct hydrological surface connection to the body of water described in that clause (i), (ii), or (iii) in a typical year, such as through a culvert, flood or tide gate, pump, or similar artificial feature. (ii) Ditch The term ditch means a constructed or excavated channel used to convey water. (iii) Ephemeral The term ephemeral , with respect to a surface water, means flowing or pooling only in direct response to precipitation (such as rain or snowfall). (iv) High tide line (I) In general The term high tide line means the line of intersection of the land with the surface of a body of water at the maximum height reached by a rising tide (including a spring high tide or another high tide that occurs with periodic frequency), which may, in the absence of actual data, be determined by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, vegetation lines, tidal gages, other physical markings or characteristics, or other suitable means that delineate the general height reached by a rising tide. (II) Exclusions The term high tide line does not include the line of intersection described in subclause (I) at the maximum height reached by a storm surge in which there is a departure from the normal or predicted reach of a tide due to the piling up of water against a coast by strong winds, such as a surge accompanying a hurricane or another intense storm. (v) Intermittent The term intermittent , with respect to a surface water, means flowing continuously during certain times of the year and more than in direct response to precipitation (such as seasonally, when the groundwater table is elevated, or when snowpack melts). (vi) Ordinary high water mark The term ordinary high water mark means the line on a shore established by the fluctuations of water and indicated by physical characteristics, such as a clear, natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation, the presence of litter and debris, or another appropriate means that considers the characteristics of the surrounding areas. (vii) Perennial The term perennial , with respect to a surface water, means surface water that flows continuously year round. (viii) Prior converted cropland (I) In general The term prior converted cropland means any area that, prior to December 23, 1985, was drained or otherwise manipulated for the purpose, or having the effect, of making production of an agricultural product possible. (II) Inclusion The term prior converted cropland includes any designation of an area as prior converted cropland made by the Secretary of Agriculture. (III) Exclusion The term prior converted cropland does not include any area described in subclause (I) that is abandoned or has reverted to wetlands. (IV) Associated definition In this clause, the term abandoned , with respect to an area described in subclause (I), means the area has not been used for, or in support of, agricultural purposes at least once during the 5-year period ending on the date of determination, as determined by the Administrator. (ix) Snowpack The term snowpack means layers of snow that accumulate over extended periods of time in certain geographic regions or at high elevation (such as in northern climes or in mountainous regions). (x) Tributary The term tributary includes a river, stream, or similar naturally occurring surface water channel that— (I) contributes to surface water flow to a body of water described in subparagraph (A)(i); and (II) is perennial or intermittent in a typical year. (xi) Typical year The term typical year means a year in which precipitation and other climatic variables are within the normal periodic range (such as seasonally or annually) for the geographic area of the applicable body of water, based on a rolling 30-year period. (xii) Upland The term upland means any land area that, under normal conditions— (I) is not wetlands; and (II) does not lie below the ordinary high water mark or the high tide line of a body of water described in subparagraph (A). (xiii) Waste treatment system The term waste treatment system includes all components, including lagoons and treatment ponds (such as settling or cooling ponds), designed to either convey or retain, concentrate, settle, reduce, or remove pollutants, either actively or passively, from wastewater prior to discharge (or eliminating any such discharge). (xiv) Wetlands The term wetlands means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. . 3. National Environmental Policy Act of 1969 modifications (a) Definitions The National Environmental Policy Act of 1969 is amended by inserting after section 2 ( 42 U.S.C. 4321 ) the following: 3. Definitions In this Act: (1) Categorical exclusion The term categorical exclusion means a category of actions that a Federal agency determines, according to procedures established by the Federal agency, do not normally have a significant effect on the human environment. (2) Effects (A) In general The term effects means changes to the human environment as a result of a proposed action or alternative action to be carried out by a Federal agency that— (i) are reasonably foreseeable and not remote in time, geographically remote, or the product of a lengthy causal chain; (ii) have a reasonably close causal relationship, as determined by the Federal agency, to the proposed action or alternative action, as applicable; and (iii) the Federal agency has the ability to prevent and that would not occur absent the proposed action or alternative action. (B) Requirement For purposes of subparagraph (A)(ii), a but for causal relationship is insufficient to establish a reasonably close causal relationship. (3) Environmental assessment The term environmental assessment means a concise public document prepared by a Federal agency to determine whether to prepare an environmental impact statement or a finding of no significant impact for a proposed action. (4) Environmental impact statement The term environmental impact statement means a detailed statement required to be prepared for a proposed major action in accordance with title I. (5) Major Federal action (A) In general The term major Federal action means an activity or decision subject to Federal control and responsibility, as determined by a Federal agency. (B) Exclusions The term major Federal action does not include— (i) a nondiscretionary or extraterritorial activity or decision; (ii) an action that does not result in a final agency action under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ); (iii) a judicial or administrative enforcement action; (iv) an action involving funding, the control of which is not maintained by the Federal agency that was appropriated the funds; (v) a non-Federal project with minimal Federal funding or involvement; (vi) a loan, loan guarantee, or other financial assistance where the Federal agency does not exercise sufficient control or responsibility over the funds; and (vii) any action that was deemed to not be a major Federal action by a Federal court. (C) Other actions A Federal agency may determine whether any other action is a major Federal action for purposes of the requirements of this Act. . (b) NEPA thresholds Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) is amended by adding at the end the following: 106. Thresholds Prior to carrying out the requirements of this title for a major Federal action, the Federal agency seeking to carry out the action shall determine whether— (1) the action is exempt from the requirements of this title by another Federal law (including regulations); (2) compliance with this title would— (A) clearly and fundamentally conflict with another Federal law (including regulations); or (B) be inconsistent with the congressional intent of another Federal law; (3) the action is nondiscretionary, such that the Federal agency lacks authority to consider the environmental effects of the action; and (4) a review of the effects of the action under another Federal law (including regulations) would satisfy the requirements of this title. . (c) Determining appropriate level of NEPA review Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) (as amended by subsection (b)) is amended by adding at the end the following: 107. Determining appropriate level of NEPA review In assessing the appropriate level of review to be conducted by a Federal agency under this title for a major Federal action, the Federal agency shall determine whether the proposed action— (1) normally does not have significant effects or qualifies as a categorical exclusion; (2) is likely to have insignificant effects or unknown effects; or (3) is likely to have significant effects. . (d) Environmental impact statements (1) In general Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) (as amended by subsection (c)) is amended by adding at the end the following: 108. Environmental impact statement requirements (a) Statement of purpose and need (1) In general An environmental impact statement shall briefly specify the underlying purpose and need to which a Federal agency is responding. (2) Alternatives analysis Any alternatives analyzed by the Federal agency shall— (A) meet the purpose and need for the proposed action; and (B) where applicable, meet the goals of the applicant. (b) Page limits for environmental impact statements The text of a final environmental impact statement shall be proportional to the potential effects, and size, of the proposed action, but shall not be longer than— (1) 150 pages; or (2) in the case of a proposed action of unusual complexity, as determined by the applicable Federal agency, 300 pages. (c) Time limit for preparing an environmental impact statement (1) In general Not later than 2 years after the date on which a Federal agency issues a notice of intent to carry out a proposed action, the Federal agency shall submit to the Environmental Protection Agency the environmental impact statement for that proposed action. (2) Failure to act If a Federal agency does not submit an environmental impact statement in accordance with the timeline described in paragraph (1), the requirements of this title shall be deemed to have been fulfilled for the proposed action. (d) Specificity of comments and information (1) Comments on draft environmental impact statements Comments and objections of any kind relating to an environmental impact statement for a proposed action shall be raised within the comment period on the draft environmental impact statement provided by the applicable Federal agency, consistent with the requirements of section 1506.11 of title 40, Code of Federal Regulations (as in effect on September 14, 2020). (2) Comments on final environmental impact statements If the applicable Federal agency requests comments on a final environmental impact statement prepared for a major Federal action before the final decision of the Federal agency, comments and objections of any kind shall be raised within the comment period provided by the Federal agency. (3) Unexhausted and forfeited comments Comments and objections of any kind not provided within the comment periods described in paragraphs (1) and (2) shall be considered unexhausted and forfeited, consistent with section 1500.3(b) of title 40, Code of Federal Regulations (as in effect on September 14, 2020). (e) Record of decision in cases requiring environmental impact statements Each record of decision prepared by a Federal agency for a proposed action shall contain a statement certifying that the Federal agency considered all alternatives to, and information and analyses relating to, the proposed action submitted during the process of carrying out the requirements of this title. . (2) Conforming amendments Section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) is amended— (A) in subparagraph (C)— (i) in the matter preceding clause (i), by striking a detailed statement and inserting an environmental impact statement ; and (ii) in the undesignated matter following clause (v), in the first sentence, by striking Prior to making any detailed statement and inserting Prior to preparing an environmental impact statement ; and (B) in subparagraph (D)— (i) in the matter preceding clause (i), by striking detailed statement and inserting environmental impact statement ; and (ii) in clause (iv), by striking detailed statement and inserting environmental impact statement . (e) Time limit for environmental assessment completion Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) (as amended by subsection (d)(1)) is amended by adding at the end the following: 109. Environmental assessment requirement Not later than 1 year after the date on which a Federal agency decides to prepare an environmental assessment for a proposed action, the Federal agency shall submit to the Environmental Protection Agency that environmental assessment. . (f) Adoption of certain categorical exclusions Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) (as amended by subsection (e)) is amended by adding at the end the following: 110. Adoption of certain categorical exclusions A Federal agency may adopt the determination of another Federal agency that a categorical exclusion applies to a proposed action if the action covered by the original categorical exclusion determination and the proposed action of the adopting Federal agency are substantially the same, in the determination of the adopting Federal agency. . 4. Endangered Species Act of 1973 modifications (a) Definitions Section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 ) is amended— (1) by redesignating paragraphs (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), (18), (19), (20), and (21) as paragraphs (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), and (22), respectively; (2) by inserting after paragraph (5) the following: (6) The term destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat as a whole for the conservation of a listed species. ; and (3) by inserting after paragraph (10) (as so redesignated) the following: (11) The term foreseeable future means an unspecific period of time in the future that is necessary for the Secretary to reasonably determine that future threats to a species, and the response of a species to those threats, are likely. . (b) Consideration of economic impacts in listing decisions Section 4(a)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a)(1) ) is amended— (1) in subparagraph (A)— (A) by striking the and inserting The ; and (B) by striking the semicolon at the end and inserting a period; (2) in subparagraph (B)— (A) by striking overutilization and inserting Overutilization ; and (B) by striking the semicolon at the end and inserting a period; (3) in subparagraph (C)— (A) by striking disease and inserting Disease ; and (B) by striking the semicolon at the end and inserting a period; (4) in subparagraph (D)— (A) by striking the and inserting The ; and (B) by striking ; or and inserting a period; (5) in subparagraph (E), by striking other and inserting Other ; and (6) by adding at the end the following: (F) Whether listing the species as an endangered species or a threatened species would result in economic or other impacts on landowners. . (c) Criteria for delisting a species Section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) is amended by adding at the end the following: (j) Criteria for delisting a species The Secretary shall remove a species included on the list published pursuant to subsection (c) if the Secretary determines, after conducting a review of the status of the applicable endangered species or threatened species using the best scientific and commercial data available, that— (1) the listed species is extinct; (2) the listed species is no longer an endangered species or a threatened species; or (3) the listed species is not a species. . (d) Restrictions on designating critical habitat Section 4(a)(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a)(3) ) is amended by adding at the end the following: (C) Restriction on designating critical habitat The Secretary shall not designate habitat as critical habitat under this paragraph if— (i) a species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of that threat to the species; (ii) the present or threatened destruction, modification, or curtailment of the habitat or range of a species— (I) is not a threat to the species; or (II) is solely a result of causes that cannot be addressed through management actions; (iii) areas within the jurisdiction of the United States provide no more than negligible conservation value, if any, for a species occurring primarily outside the jurisdiction of the United States; (iv) no areas of the habitat are critical habitat; or (v) the Secretary otherwise determines that designation of the habitat as critical habitat would not be prudent based on the best scientific data available. . (e) Unoccupied areas Section 3(5)(A) of the Endangered Species Act of 1973 ( 16 U.S.C. 1532(5)(A) ) is amended by striking clause (ii) and inserting the following: (ii) specific areas outside the geographical area occupied by the species at the time the species is listed in accordance with section 4, as described in clause (i), if the Secretary determines that— (I) the geographical area occupied by the species described in clause (i), at the time of the listing, is inadequate to ensure the conservation of the species; and (II) it is reasonably certain that the specific area outside the geographical area occupied by the species— (aa) will contribute to the conservation of the species; and (bb) contains at least 1 physical or biological feature essential to the conservation of the species. . (f) Protective regulations for threatened species (1) In general Section 4(d) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(d) ) is amended— (A) in the first sentence, by striking Whenever any species and all that follows through the period at the end and inserting the following: (1) In general Whenever any species is listed as a threatened species pursuant this section, the Secretary shall promulgate species-specific regulations that the Secretary determines are appropriate to provide for the conservation of the threatened species. ; (B) in the second sentence, by striking The Secretary may by regulation and inserting the following: (2) Taking prohibitions Subject to paragraph (3), the Secretary, by species-specific regulation, may ; and (C) in paragraph (2) (as so designated)— (i) by inserting a comma after section 9(a)(2) ; and (ii) by striking endangered species; and all that follows through the period at the end and inserting the following: “endangered species. (3) Taking of resident species With respect to the taking of resident species of fish or wildlife, a regulation promulgated under paragraph (2) shall apply in any State which has entered into a cooperative agreement pursuant to section 6(c) only to the extent that the regulation has also been adopted by that State. . (2) Effective date The amendments made by paragraph (1) shall apply to species listed or reclassified as threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) on, prior to, or after the date of enactment of this Act. (g) Consultations (1) Expedited consultations Section 7(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a) ) is amended by adding at the end the following: (5) Expedited consultations (A) In general On request of a Federal agency, and in cooperation with a prospective permit or license applicant, as applicable, the Secretary and the Federal agency shall initiate an expedited consultation with respect to an agency action that has minimal or predictable effects on a listed species or a critical habitat based on prior consultations the Federal agency has conducted with the Secretary under this subsection. (B) Timeline (i) In general Subject to clause (ii), if a Federal agency requests an expedited consultation under subparagraph (A) after determining that the agency action to be carried out by the Federal agency has minimal or predictable effects on a listed species or a critical habitat, the Secretary shall, not later than 30 days after the date on which the Secretary receives the determination of the Federal agency, approve or deny the request for an expedited consultation. (ii) Extended timeline On mutual agreement between the Secretary and the Federal agency, the Secretary may extend the timeline described in clause (i) to a period of not more 60 days after the date on which the Federal agency requests an expedited consultation under subparagraph (A). . (2) Consultations not required for permits for dredged or fill material Section 7(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a) ) (as amended by paragraph (1)) is amended by adding at the end the following: (6) Nonapplicability to nationwide permits for dredged or fill material The requirements of this subsection shall not apply to any agency action relating to the reissuance of a general permit on a nationwide basis under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1343 ). . (h) Timelines for agency actions Section 7(b)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(b)(1) ) is amended— (1) in subparagraph (A), by striking 90-day and inserting 60-day ; and (2) in subparagraph (B)— (A) in the matter preceding clause (i)— (i) by striking 90 days and inserting 60 days ; and (ii) by striking 90th day and inserting 60th day ; (B) in clause (i), in the matter preceding subclause (I), by striking 150th day and inserting 100th day ; and (C) in clause (ii), by striking 150 and inserting 100 . (i) Requirements for designating critical habitat Section 4(a)(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a)(3) ) (as amended by subsection (d)) is amended by adding at the end the following: (D) Requirements for designating critical habitat In designating habitat as critical habitat under this paragraph, the Secretary shall designate only the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support 1 or more life processes of a species. . (j) Biological opinions Section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) is amended by adding at the end the following: (q) Biological opinions (1) Definition of biological opinion In this subsection, the term biological opinion means the document that states the opinion of the Secretary as to whether or not an agency action is likely— (A) to jeopardize the continued existence of a listed species; or (B) result in the destruction or adverse modification of critical habitat of that species. (2) Requirements A biological opinion shall include— (A) a summary of the information on which the biological opinion is based; (B) a detailed discussion of the environmental baseline of the listed species and critical habitat; (C) a detailed discussion of the effects of the agency action on the listed species or critical habitat; and (D) the opinion of the Secretary on whether the agency action is— (i) likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat, which shall be known as a jeopardy biological opinion; or (ii) not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat, which shall be known as a no jeopardy biological opinion. (3) Adoption of entire initiation package In a biological opinion, the Secretary may adopt all or part of the initiation package of a Federal agency prepared in accordance with section 402.14(c) of title 50, Code of Federal Regulations (as in effect on October 28, 2019). (4) Reasonable and prudent alternative measures (A) Definition of reasonable and prudent alternative In this paragraph, the term reasonable and prudent alternative means an alternative action identified during a formal consultation that— (i) can be implemented in a manner consistent with the intended purpose of the action; (ii) can be implemented consistent with the scope of the legal authority and jurisdiction of a Federal agency; and (iii) is economically and technologically feasible. (B) Inclusion of reasonable and prudent alternatives In preparing a biological opinion, the Secretary shall include reasonable and prudent alternatives, as applicable. (C) No reasonable and prudent alternatives If the Secretary is unable to develop reasonable and prudent alternatives to include in a biological opinion in accordance with subparagraph (B), the Secretary shall indicate that, to the knowledge of the Secretary, no reasonable or prudent alternatives exist. . 5. Expediting completion of the mountain valley pipeline (a) Definition of mountain valley pipeline In this section, the term Mountain Valley Pipeline means the Mountain Valley Pipeline project, as generally described and approved in Federal Energy Regulatory Commission Docket Nos. CP16–10 and CP19–477. (b) Expedited approval Notwithstanding any other provision of law, not later than 21 days after the date of enactment of this Act and for the purpose of facilitating the completion of the Mountain Valley Pipeline— (1) the Secretary of the Army shall issue all permits or verifications necessary— (A) to complete the construction of the Mountain Valley Pipeline across the waters of the United States; and (B) to allow for the operation and maintenance of the Mountain Valley Pipeline; (2) the Secretary of Agriculture shall amend the Land and Resource Management Plan for the Jefferson National Forest in a manner that is substantively identical to the record of decision with respect to the Mountain Valley Pipeline issued on January 11, 2021; and (3) the Secretary of the Interior shall— (A) reissue the biological opinion and incidental take statement for the Mountain Valley Pipeline in a manner that is substantively identical to the biological opinion and incidental take statement previously issued on September 4, 2020; and (B) grant all necessary rights-of-way and temporary use permits in a manner that is substantively identical to those permits approved in the record of decision with respect to the Mountain Valley Pipeline issued on January 14, 2021. (c) Judicial review No action taken by the Secretary of the Army, the Federal Energy Regulatory Commission, the Secretary of Agriculture, or the Secretary of the Interior that grants an authorization, permit, verification, biological opinion, incidental take statement, or any other approval related to the Mountain Valley Pipeline, including the issuance of any authorization, permit, verification, authorization, biological opinion, incidental take statement, or other approval described in subsection (b), shall be subject to judicial review. (d) Effect This section preempts any statute (including any other section of this Act), regulation, judicial decision, or agency guidance that is inconsistent with the issuance of any authorization, permit, verification, authorization, biological opinion, incidental take statement, or other approval described in subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-117s5165is/xml/BILLS-117s5165is.xml |
117-s-5166 | II 117th CONGRESS 2d Session S. 5166 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Hickenlooper introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a Commission on the Federal Regulation of Cannabis to study a prompt and plausible pathway to the Federal regulation of cannabis, and for other purposes.
1. Short title This Act may be cited as the Preparing Regulators Effectively for a Post-prohibition Adult-use Regulated Environment Act of 2022 or the PREPARE Act of 2022 . 2. Findings Congress finds the following: (1) Cannabis was federally legal in the United States until 1937. (2) Cannabis was federally prohibited to codify discriminatory practices against minority communities. (3) Medical cannabis prohibition was established despite objection from the American Medical Association. (4) 37 States and the District of Columbia have legalized cannabis for medical purposes. (5) 18 States and the District of Columbia have legalized cannabis for adult use. (6) Despite the Federal Government collecting revenue from the sale of cannabis, individuals are still criminally persecuted for its use. (7) Cannabis research, including research on medical uses, product safety, and impairment standards, is severely hindered and made nearly impossible by its schedule 1 classification. (8) Cannabis should remain an adult product aside from the physician prescribed treatment of minors. (9) Cannabis has proven medically beneficial for patients suffering from pain, cancer, post-traumatic stress disorder, seizure disorders, multiple sclerosis, among other diseases. (10) Since 2003, the United States Government by way of the Department of Health and Human Services has held a patent for medical cannabis as an antioxidant and neuroprotectant. (11) While the United States remains trapped in antiquated cannabis regulations, other nations and scientific competitors, including the United Kingdom, Canada, South Korea, Germany, and Israel have modified their laws to allow for varying degrees of cannabis legality and medical research. 3. Purpose The President and Congress shall prepare the Federal Government for an inevitable and prompt end to Federal marihuana prohibition by establishing a commission to advise on the development of a regulatory framework with respect to marihuana regulation, including accounting for the different characteristics of communities, agencies, and industries impacted by Federal marihuana prohibition. Such regulatory framework shall be modeled after Federal and State regulatory frameworks with respect to alcohol. 4. Commission establishment and membership (a) Establishment Not later than 30 days after the date of the enactment of this Act, the Attorney General shall establish a commission to be known as the Commission on the Federal Regulation of Cannabis (in this Act referred to as the Commission ) to study a plausible and prompt pathway to cannabis regulation. (b) Duties of Commission (1) Proposal of measures The Commission shall propose measures to alleviate and remedy the: (A) Impact of cannabis criminalization, particularly on minority, low income, and veteran communities. (B) Lack of access to the financial service sector for cannabis entrepreneurs and their affiliated industries. (C) Lack of access to cannabis related research, including research on medical uses and the effects of impairment. (D) Lack of access to medical cannabis and research, particularly with respect to Federal agencies. (E) Lack of medical cannabis training at publicly funded medical training centers. (F) Lack of consistent regulations for cannabis product safety, use, and labeling requirements. (G) Lack of efficient cannabis revenue reporting and collecting, including efficient and tenable Federal revenue frameworks. (H) Lack of guidance for cannabis crop production, sale, intrastate, interstate, and international trade. (I) Lack of guidance regarding the successful coexistence of individual hemp and cannabis industries, including prevention of cross pollination of cannabis and hemp products. (J) Any other barriers to Federal cannabis legalization identified by the commission. (2) Public comment; public witness; reports (A) Comment period Not later than 60 days after the date of the enactment of this Act, the Commission shall solicit comment with respect to the regulation of cannabis from industry stakeholders, criminal justice reform advocates, substance use advocates, healthcare experts, State cannabis regulators, and the Department of Justice of each State or Tribal government. (B) Public witness hearing (i) In general Not later than 180 days after the date of the enactment of this Act, the Commission shall convene a public witness hearing and solicit written or verbal testimony from: (I) Not less than two unique individuals or entities, who are not employed by the Federal Government, and represent a State legal operation that is licensed by a single State to sell, produce, manufacture, process, cultivate, or transport cannabis. (II) Not less than two unique individuals or entities, who are not employed by the Federal Government, and represent a State legal operation with a multi-State presence that is licensed by such States to sell, produce, manufacture, process, cultivate, or transport cannabis. (III) An individual who was convicted and incarcerated by the Federal Government for a non-violent offense with respect to cannabis. (IV) An individual who was convicted and incarcerated by a State for a non-violent offense with respect to cannabis. (ii) Public availability Written and verbal testimony under clause (i) shall be made publicly available in the final recommendations published under paragraph (5). (3) Initial report and recommendations Not later than 120 days after the date of the enactment of this Act, the Commission shall publish initial findings and recommendations pursuant to section 4(b), including an identification of barriers to and suggestions for regulating cannabis in a way that is similar to the regulation of alcohol with respect to the rights of State, Tribal, and the Federal Government, on the internet website of the Department of Justice. (4) Additional public comment period Beginning 120 days after the date of the enactment of this Act, the Commission shall solicit additional public comment from stakeholders identified pursuant to paragraph (2)(A) with respect to the initial recommendations published pursuant to paragraph (3). (5) Final recommendations Not later than one year after the date of the enactment of this Act, the Commission shall publish a report including findings and recommendations pursuant to section 4(b), including an identification of barriers to and suggestions for regulating cannabis in a way that is similar to the regulation of alcohol, on the internet website of the Department of Justice. (c) Membership The Commission shall be composed of the following members: (1) The majority leader of the Senate shall appoint one member who is not employed by the Federal Government and was formerly incarcerated for a non-violent crime with respect to cannabis use or possession. (2) The minority leader of the Senate shall appoint one member who is not employed by the Federal Government and is an expert in substance abuse prevention. (3) The majority leader of the House of Representatives shall appoint one member, who is not employed by the Federal Government, and is a medical cannabis patient or advocate. (4) The minority leader of the House of Representatives shall appoint one member, who is not employed by the Federal Government, and who is medically licensed with substantial knowledge and demonstrated research into cannabis use and medical treatments. (5) The Attorney General shall appoint one member from the Department of Justice, who is an expert in the history of cannabis criminalization and the impact of criminalization on various communities, particularly minorities, medical patients, and veterans. (6) The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. (7) The Director of the National Highway Traffic Safety Administration. (8) The Secretary of Education shall appoint one member from the Department of Education who is an expert in prevention of youth access to alcohol and tobacco. (9) The Director of Occupational Safety and Health Administration. (10) The Secretary of Agriculture shall appoint one member from the Department of Agriculture who is an expert on cannabis and hemp cultivation. (11) The Commissioner of the Food and Drug Administration. (12) The Director of the Alcohol and Tobacco Tax and Trade Bureau. (13) The Commissioner of the Internal Revenue Service. (14) The United States Trade Representative. (15) The Secretary of Commerce shall appoint one member from the Department of Commerce who is an expert on regulated goods in interstate commerce. (16) The Secretary of Health and Human Services shall appoint one member employed by the Department of Health and Human Services who is an expert on medical cannabis use and access. (17) The Director of the National Institutes of Health. (18) The Secretary of the Veterans Affairs shall appoint one member from the Department of Veterans Affairs with knowledge of treatments for pain-management and post-traumatic stress disorder and for providing patients with affordable treatment options. (19) The Deputy Secretary of the Interior. (20) The Administrator of the Small Business Administration shall appoint one member employed by the Small Business Administration who is an expert in creating industry access for historically marginalized communities. (21) The Director of the National Institute of Standards and Technology. (22) One representative from a trade organization or other non-profit entity with members from multiple, highly regulated adult goods and consumer package goods, appointed by the Attorney General. (23) Two representatives who have worked to develop two successful, separate, and unique State-level regulatory systems, appointed by the Attorney General. (d) Leadership (1) Chairperson The Chairperson shall be elected by the members of the Commission at the first meeting of the Commission. (2) Secretary The Secretary shall be elected by the members of the Commission at the first meeting of the Commission. (3) Vacancies A vacancy in the Chairperson or Secretary position shall be filled in the manner in which the original appointment was made by the remaining members of the Commission. (e) Membership by political party If after the Commission is appointed there is a partisan imbalance of Commission members, the congressional leaders of the political party with fewer members on the Commission shall jointly name additional members to create partisan parity on the Commission. (f) Appointments; removals; vacancies (1) Timing of appointments Each initial appointment to the Commission shall be made no later than 30 days after the Commission is established. If any appointing authorities fail to appoint a member to the Commission, their appointment shall be made by the Attorney General. (2) Removal A member of the Commission may be removed from the Commission at any time by the appointing authority should the member fail to meet Commission attendance requirement pursuant to subsection (g). (3) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made prior to the date of the Commission’s next meeting. (g) Meeting requirements (1) First meeting The Commission shall have it’s first meeting no later than 90 days after the date of the enactment of this Act. (2) Quarterly meetings The Commission shall meet quarterly. In addition to all quarterly meetings, the Commission shall meet at other times at the call of the Chairperson or as determined by a majority of Commission members. (3) Quorum; rule for voting on final actions A majority of the members of the Commission constitute a quorum, and an affirmative vote of a majority of the members present is required to issue recommendations. (4) Attendance by members Members are expected to attend all Commission meetings. In the case of an absence, members are expected to report to the Chairperson prior to the meeting and allowance may be made for an absent member to participate remotely. Members will still be responsible for fulfilling prior commitments, regardless of attendance status. If a member is absent twice in a given year, he or she will be reviewed by the Chairperson and appointing authority and further action will be considered, including removal and replacement on the Commission. (h) Minutes Minutes shall be taken at each meeting by the Secretary, or in that individual’s absence, the Chairperson shall select another Commission member to take minutes during that absence. (i) Administrative requirements The Attorney General shall provide staff and administrative support to the Commission. All entities of the United States Government shall provide information that is otherwise a public record at the request of the Commission. (j) No rulemaking authority The Commission shall not have rulemaking authority. (k) Prohibition of compensation (1) Federal employees Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (2) Other members Members of the Commission who are not full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (l) Definitions In this Act: (1) Cannabis The term cannabis has the meaning given the term “marihuana” in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) State The term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (3) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this paragraph pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). | https://www.govinfo.gov/content/pkg/BILLS-117s5166is/xml/BILLS-117s5166is.xml |
117-s-5167 | II 117th CONGRESS 2d Session S. 5167 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To extend the temporary order for fentanyl-related substances.
1. Short title This Act may be cited as the Temporary Emergency Scheduling and Testing of Fentanyl Analogues Act of 2022 or the TEST Act of 2022 . 2. Definitions In this Act: (1) Evaluation The term evaluation means a scientific and medical evaluation, as conducted by the Secretary of Health and Human Services at the request of the Attorney General, and the recommendations as to whether such drug or other substance should be so controlled or removed as a controlled substance from the schedules pursuant to section 201(b) of the Controlled Substances Act ( 21 U.S.C. 811(b) ). (2) Fentanyl-related substance The term fentanyl-related substance has the meaning given the term in section 1308.11 of title 21, Code of Federal Regulations. 3. Extension of temporary order for fentanyl-related substances Section 2 of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act ( Public Law 116–114 ; 134 Stat. 103) is amended by striking December 31, 2022 and inserting 2 years after the date of enactment of the Temporary Emergency Scheduling and Testing of Fentanyl Analogues Act of 2022 . 4. Evaluation of encountered fentanyl-related substances (a) Synthetic compound Not later than 1 year after the date of enactment of this Act, for each fentanyl-related substance that the Attorney General has encountered before the date of enactment of this Act, but not yet conducted an evaluation, the Attorney General shall create a synthetic compound of that substance and submit the compound to the Secretary of Health and Human Services in order to solicit a scientific and medical evaluation of that compound from the Secretary. (b) Deadline (1) In general Except as provided in paragraph (2), the Secretary of Health and Human Services shall complete the requested scientific and medical evaluation under subsection (a) not later than 1 year after receiving the solicitation from the Attorney General. (2) Extension If the Attorney General is unable to create a synthetic compound before the expiration of the 1-year period described in paragraph (1)— (A) the Attorney General shall— (i) notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of the delay and publish the notification on a public website; and (ii) complete the requirements under subsection (a) not later than 180 days after the expiration of the 1-year period. 5. Removal from schedule I of fentanyl-related substances Section 201 of the Controlled Substances Act ( 21 U.S.C. 811 ) is amended by adding at the end the following new subsection: (k) Determination resulting in removal (1) In general If the Secretary determines, taking into consideration factors as set forth in paragraph (3), that a fentanyl-related substance has a potential for abuse that is less than the drugs or other substances in schedule V— (A) the Secretary shall submit to the Attorney General a scientific and medical evaluation of that fentanyl-related substance supporting that determination; (B) the Secretary shall submit any such evaluation and determination in writing and include the bases therefor; (C) the scientific and medical determination of the Secretary contained in such evaluation shall be binding on the Attorney General; and (D) not later than 90 days after receiving such evaluation and determination, the Attorney General shall issue an order removing such fentanyl-related substance from the schedules under section 202. (2) Determination resulting in rescheduling If the Secretary determines, taking into consideration factors as set forth in paragraph (3), that a fentanyl-related substance has a potential for abuse that is less than the drugs or other substances in schedules I and II— (A) the Secretary shall submit to the Attorney General a scientific and medical evaluation of that fentanyl-related substance supporting that determination; (B) the Secretary shall submit any such evaluation and determination in writing and include the bases therefor; (C) the scientific and medical determination of the Secretary contained in such evaluation shall be binding on the Attorney General; and (D) not later than 90 days after receiving such evaluation, the Attorney General shall issue an order removing such fentanyl-related substance from schedule I and controlling such substance under schedule III, IV or V. (3) Evaluation factors (A) In general In making a determination under paragraph (1) or (2), the Secretary— (i) shall consider— (I) the factor listed in paragraph (2) of subsection (c); (II) the factors listed in paragraphs (1), (3), and (6) of such subsection to the extent evidence exists with respect to such factors; and (III) any information submitted to the Secretary by the Attorney General for purposes of such determination; and (ii) may consider the factors listed in paragraphs (4), (5), and (7) of subsection (c) if the Secretary finds that evidence exists with respect to such factors. (B) Consideration of scientific evidence of pharmacological effect (i) In general For the purposes of subparagraph (A)(i)(I), consideration by the Secretary of the results of an assessment consisting of the studies described in clause (ii) shall constitute consideration of the factor listed in paragraph (2) of subsection (c) if— (I) each such study is performed according to scientific methods and protocols commonly accepted in the scientific community; and (II) the Secretary determines that such assessment is adequate for such purposes. (ii) Described studies The studies described in this clause are any of the following: (I) A receptor binding study that can demonstrate whether the substance has affinity for the human mu opioid receptor. (II) An in vitro functional assay that can demonstrate whether the substance has agonist activity at the human mu opioid receptor. (III) One or more in vivo animal behavioral studies that can demonstrate whether the substance has abuse-related drug effects consistent with mu opioid agonist activity, such as demonstrating similarity to the effects of morphine. (l) Previously analyzed fentanyl-Related substances To the extent that the Drug Enforcement Administration or the Department of Health and Human Services has conducted any evaluation or analysis (even if such analysis is not an evaluation under this section) of any fentanyl-related substance before the date of the enactment of this subsection, the Attorney General shall publish the results and any other information related to the evaluation or analysis on a public website not later than 90 days after the date of enactment of this subsection. (m) Fentanyl-Related substances research capacity The Drug Enforcement Administration and Department of Health and Human Services shall hire, employ, or retain the staff, researchers, and other qualified individuals necessary to carry out the requirements of paragraphs (1) and (2) of subsection (k), including, if appropriate to fulfill those requirements, establishing a consortium of chemists and researchers who may be readily hired, employed, or retrained without a request for proposals. (n) Evaluations or studies The Secretary may enter into contracts or other agreements to conduct or support evaluations or studies of fentanyl-related substances. (o) Registration requirements for research applications Registration requirements for the research of fentanyl-related substances shall be those applicable to schedule II substances pursuant to section 1301.13 of title 21, Code of Federal Regulations. (p) Publication The Secretary shall publish on a public website— (1) each evaluation conducted pursuant to an Attorney General solicitation within 60 days of the completion of the scientific and medical evaluation, even if such evaluation did not result in a descheduling or rescheduling determination; and (2) the results and any other information related to previously evaluated fentanyl-related services pursuant to subsection (l). (q) Authorization of appropriations There is authorized to be appropriated to the Secretary $50,000,000 for fiscal years 2023 and 2024, to remain available until expended, for the evaluation fentanyl-related substances pursuant to section 3 of the Temporary Emergency Scheduling and Testing of Fentanyl Analogues Act of 2022 . . 6. Notification The Attorney General shall notify each individual who is the subject of a pending prosecution for, or has been convicted or sentenced for, an offense involving a fentanyl-related substance that is subsequently removed or rescheduled under paragraphs (1) and (2) of section 201(k) of the Controlled Substances Act, as added by section 5 of this Act, about the change in schedule designation not later than 90 days after the change, and provide information about the effect of the change on their prosecution, conviction, or sentence. | https://www.govinfo.gov/content/pkg/BILLS-117s5167is/xml/BILLS-117s5167is.xml |
117-s-5168 | II 117th CONGRESS 2d Session S. 5168 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Padilla (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to include aliens passing in transit through the United States to board a vessel on which the alien will perform ship-to-ship liquid cargo transfer operations within a class of nonimmigrant aliens, and for other purposes.
1. Short title This Act may be cited as the Energy Security and Lightering Independence Act of 2022 . 2. Changes in nonimmigrant categories (a) Transit through United States Section 101(a)(15)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(C) ) is amended to read as follows: (C) (i) an alien in immediate and continuous transit through the United States, for a period not to exceed 29 days; (ii) an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District (as defined in section 209A(e) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 4309a(e) )) and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Agreement regarding the Headquarters of the United Nations, done at Lake Success June 26, 1947 (61 Stat. 758); or (iii) an alien passing in transit through the United States to board a vessel on which the alien will perform, or to disembark from a vessel on which the alien performed, ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade, for a period not to exceed 180 days; . (b) Alien crewmen Section 101(a)(15)(D) of such Act ( 8 U.S.C. 1101(a)(15)(D) ) is amended— (1) in clause (ii), by adding or at the end; and (2) by adding at the end the following: (iii) an alien crewman performing ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade, who intends to land temporarily solely in pursuit of the alien’s responsibilities as a crewman and to depart from the United States on the vessel on which the alien arrived or on another vessel or aircraft, for a period not to exceed 180 days; . 3. Conditional permits to land temporarily Section 252(a) of the Immigration and Nationality Act ( 8 U.S.C. 1282(a) ) is amended— (1) in paragraph (1), by striking or at the end; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (3) 180 days, if the immigration officer determines that the crewman— (A) intends to depart, within the period for which the crewman is permitted to land, on the same vessel or on a vessel or aircraft other than the vessel on which the crewman arrived; and (B) will perform ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade during such period. . 4. Rule of construction For purposes of this Act, and the amendments made by this Act, the performance by a crewman of ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade shall not be considered, for immigration purposes, to be services, work, labor or employment by the crewman within the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s5168is/xml/BILLS-117s5168is.xml |
117-s-5169 | II 117th CONGRESS 2d Session S. 5169 IN THE SENATE OF THE UNITED STATES December 1, 2022 Ms. Lummis (for herself and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend title 23, United States Code, to establish a competitive grant program for projects for commercial motor vehicle parking, and for other purposes.
1. Short title This Act may be cited as the Truck Parking Safety Improvement Act . 2. Sense of Congress It is the sense of Congress that it should be a national priority to address the shortage of parking for commercial motor vehicles on the Federal-aid highway system to improve highway safety. 3. Parking for commercial motor vehicles (a) In general Chapter 1 of title 23, United States Code, is amended by adding at the end the following: 180. Parking for commercial motor vehicles (a) Definitions In this section: (1) Commercial motor vehicle The term commercial motor vehicle has the meaning given the term in section 31132 of title 49. (2) Safety rest area The term safety rest area has the meaning given the term in section 120(c)(1). (b) Grant authority Subject to the availability of funds, the Secretary shall make grants, on a competitive basis, to eligible entities for projects to provide parking for commercial motor vehicles and improve the safety of commercial motor vehicle drivers. (c) Eligible entities (1) In general An entity eligible to receive a grant under this section is any of the following: (A) A State. (B) A metropolitan planning organization. (C) A unit of local government. (D) A political subdivision of a State or local government carrying out responsibilities relating to commercial motor vehicle parking. (E) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or a consortium of Indian Tribes (as so defined). (F) A multistate or multijurisdictional group of entities described in subparagraphs (A) through (E). (2) Private sector participation An eligible entity that receives a grant under this section may partner with a private entity to carry out an eligible project under this section. (d) Eligible projects (1) In general An entity may use a grant provided under this section for a project described in paragraph (2) that is on— (A) a Federal-aid highway; or (B) a facility with reasonable access (as described in section 658.19 of title 23, Code of Federal Regulations (or a successor regulation)) to— (i) a Federal-aid highway; or (ii) a freight facility. (2) Projects described A project referred to in paragraph (1) is a project— (A) to construct a safety rest area that includes parking for commercial motor vehicles; (B) to construct additional commercial motor vehicle parking capacity— (i) on or adjacent to a private commercial truck stop or travel plaza; (ii) within the boundaries of, or adjacent to, a publicly owned freight facility, including a port terminal operated by a public authority; (iii) at an existing facility, including an inspection or weigh station and a park-and-ride location; or (iv) at another suitable facility, as determined by the Secretary; (C) to reopen an existing weigh station, safety rest area, park-and-ride facility, or other government-owned facility, that is not in use, for commercial motor vehicle parking; (D) to construct or make capital improvements to an existing public commercial motor vehicle parking facility to expand parking use and availability, including at a seasonal facility; (E) to identify, promote, and manage the availability of publicly and privately provided commercial motor vehicle parking, such as through the use of intelligent transportation systems; (F) to improve the personal safety and security of commercial motor vehicle drivers at a parking facility as part of a project described in subparagraphs (A) through (D); (G) to improve a parking facility, including through advanced truck stop electrification systems and other improvements determined appropriate by the Secretary, as part of a project described in subparagraphs (A) through (D); or (H) to maintain a safety rest area that is open to commercial motor vehicles. (e) 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, including— (1) a description of the proposed project; and (2) any other information that the Secretary determines to be necessary. (f) Priority In providing grants under this section, the Secretary shall give priority to applications that demonstrate— (1) a shortage of commercial motor vehicle parking capacity in the corridor in which the project is located; (2) consultation with motor carriers, commercial motor vehicle drivers, public safety officials, and private providers of commercial motor vehicle parking; (3) that the project will likely— (A) increase the availability or utilization of commercial motor vehicle parking; (B) facilitate the efficient movement of freight; and (C) improve highway safety, traffic congestion, and air quality; and (4) the ability to provide for the maintenance and operation of the facility. (g) Use of funds (1) In general An eligible entity may use a grant under this section for— (A) development phase activities, including planning, feasibility analysis, benefit-cost analysis, environmental review, preliminary engineering and design work, and other preconstruction activities necessary to advance a project under this section; and (B) construction and operational improvements. (2) Limitations (A) In general An eligible entity may use not more than 25 percent of the amount of a grant under this section for activities described in paragraph (1)(A). (B) Existing facilities (i) In general Except as provided in clause (ii), not more than 10 percent of the amounts made available for each fiscal year for grants under this section may be used for projects described in subsection (d)(2)(E) that solely identify, promote, and manage the availability of existing commercial motor vehicle parking. (ii) Exception Clause (i) shall not apply to a project described in subsection (d)(2)(E) that is part of a project to expand commercial motor vehicle parking capacity. (C) Maintenance Not more than 15 percent of the amounts made available for each fiscal year for grants under this section may be used for projects described in subsection (d)(2)(H). (h) Requirements (1) Publicly accessible parking Commercial motor vehicle parking constructed, opened, or improved with funds from a grant under this section shall be open and accessible to all commercial motor vehicle drivers. (2) Prohibition on charging fees (A) In general Except as provided in subparagraph (B), no fee may be charged to a commercial motor vehicle to access parking constructed, opened, maintained, or improved with a grant under this section. (B) Ancillary fees A fee may be charged to a commercial motor vehicle for ancillary services related to parking constructed, opened, maintained, or improved with a grant under this section, including— (i) a system that provides heating and air conditioning to commercial motor vehicles; or (ii) a system that provides electrical power to commercial motor vehicles without the need for engine idling. (i) Federal share Notwithstanding section 120, the Federal share for a project carried out under this section shall be up to 100 percent. (j) Treatment of projects Notwithstanding any other provision of law, a project carried out under this section shall be treated as a project on a Federal-aid highway under this chapter. (k) Period of availability of funds Amounts made available for projects under this section shall remain available for a period of 3 years after the last day of the fiscal year in which the amounts are made available. (l) Survey and comparative assessment (1) In general Not later than 4 years after the date of enactment of this section, and every 2 years thereafter, the Secretary, in consultation with appropriate State motor carrier safety personnel, motor carriers, State departments of transportation, and private providers of commercial motor vehicle parking, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (A) evaluates the availability of adequate parking and rest facilities, taking into account both private and public facilities, for commercial motor vehicles engaged in interstate transportation; (B) evaluates the effectiveness of the projects funded under this section in improving access to commercial motor vehicle parking; (C) evaluates the ability of eligible entities that received a grant under this section to sustain the operation of parking facilities constructed with funds provided under this section; and (D) reports on the progress being made to provide adequate commercial motor vehicle parking facilities. (2) Results The Secretary shall make the reports under paragraph (1) available to the public on the website of the Department of Transportation. (3) Alignment of reports In carrying out this subsection, the Secretary shall— (A) consider the results of the commercial motor vehicle parking facilities assessments of States under subsection (f) of section 70202 of title 49; and (B) seek to align the contents of the reports under paragraph (1) and the submission and publication of those reports with the State freight plans developed and updated under that section. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: 180. Parking for commercial motor vehicles. . 4. Authorization of appropriations There are authorized to be appropriated to the Secretary of Transportation for projects for commercial motor vehicle parking under section 180 of title 23, United States Code— (1) $175,000,000 for fiscal year 2023; (2) $185,000,000 for fiscal year 2024; (3) $195,000,000 for fiscal year 2025; and (4) $200,000,000 for fiscal year 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s5169is/xml/BILLS-117s5169is.xml |
117-s-5170 | II 117th CONGRESS 2d Session S. 5170 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Inhofe (for himself, Mr. Cruz , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Trails System Act to designate the Route 66 National Historic Trail, and for other purposes.
1. Short title This Act may be cited as the Route 66 National Historic Trail Designation Act . 2. Designation of the Route 66 National Historic Trail Section 5(a) of the National Trails System Act ( 16 U.S.C. 1244(a) ) is amended by adding at the end the following: (31) Route 66 National Historic Trail (A) In general The Route 66 National Historic Trail, a trail that includes all the alignments of U.S. Highway 66 in existence between 1926 and 1985, extending along a route of approximately 2,400 miles from Chicago, Illinois, to Santa Monica, California, as generally depicted on the map entitled Route 66 National Historic Trail, Proposed Route , numbered P26/141,279, and dated December 2017. (B) Availability of map The map described in subparagraph (A) shall be on file and available for public inspection at the Department of the Interior. (C) Administration The Secretary of the Interior shall administer the Route 66 National Historic Trail in a manner that respects and maintains the idiosyncratic nature of the Route 66 National Historic Trail. (D) Land acquisition The United States shall not acquire for the Route 66 National Historic Trail any land or interest in land that— (i) is located outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in land; or (ii) extends more than an average of 1/4 of a mile on either side of the Route 66 National Historic Trail. (E) No buffer zone created (i) In general Nothing in this paragraph, the acquisition of land or an interest in land authorized by this paragraph, or any management plan for the Route 66 National Historic Trail creates or shall be construed to create a buffer zone outside the Route 66 National Historic Trail. (ii) Outside activities The fact that an activity or use on land outside the Route 66 National Historic Trail can be seen, heard, or detected from the Route 66 National Historic Trail, including from any land or interest in land acquired for the Route 66 National Historic Trail subject to the limitations described in subparagraph (D), shall not preclude, limit, control, regulate, or determine the conduct or management of the activity or use. (F) Effect on energy development, production, transportation, or transmission Nothing in this paragraph, the acquisition of land or an interest in land authorized by this paragraph, or any management plan for the Route 66 National Historic Trail shall prohibit, hinder, or disrupt the development, production, transportation, or transmission of energy. (G) No Eminent Domain or Condemnation In carrying out this paragraph, the Secretary of the Interior may not use eminent domain or condemnation. (H) Not a designation of lands in the National Park System Notwithstanding any other provision of law, the designation of the Route 66 National Historic Trail by this paragraph shall not have the effect of designating the Route 66 National Historic Trail or any land on which the Route 66 National Historic Trail is located as lands in the National Park System for purposes of section 28(b)(1) of the Mineral Leasing Act ( 30 U.S.C. 185(b)(1) ). (I) No new authorities or permits (i) No effect on authority To Grant easements or rights-of-way (I) In general Notwithstanding any other provision of law, the designation of the Route 66 National Historic Trail by this paragraph shall not alter or affect the existing authority of any Federal, State, or local agency or official to grant easements or rights-of-way over, under, across, or along any portion of the area designated as the Route 66 National Historic Trail. (II) Authority of heads of Federal agencies to grants easements or rights-of-way Notwithstanding the designation of the Route 66 National Historic Trail by this paragraph, the head of any Federal agency having jurisdiction over any Federal land on which the Route 66 National Historic Trail designated by this paragraph is located (other than land that is considered to be lands in the National Park System for purposes of section 28(b)(1) of the Mineral Leasing Act ( 30 U.S.C. 185(b)(1) ) as a result of a designation under any other law), shall have the authority to grant easements or rights-of-way over, under, across, or along any applicable portion of the Route 66 National Historic Trail in accordance with the laws applicable to the Federal land. (ii) No new permits required Notwithstanding any other provision of law, the designation of the Route 66 National Historic Trail by this paragraph shall not subject the Route 66 National Historic Trail or any land on which the Route 66 National Historic Trail is located to any other Federal laws (including regulations) requiring a Federal permit or authorization that would otherwise be made applicable as a result of the designation of the Route 66 National Historic Trail as a component of the National Trails System. . | https://www.govinfo.gov/content/pkg/BILLS-117s5170is/xml/BILLS-117s5170is.xml |
117-s-5171 | II 117th CONGRESS 2d Session S. 5171 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Lee (for himself, Mr. Rubio , and Mr. Hagerty ) 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 prohibit the Secretary of Health and Human Services from placing any vaccine for COVID–19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes.
1. Short title This Act may be cited as the Protecting Our Children from the CDC Act . 2. Posting of all clinical data for COVID–19 vaccines before placement on child and adolescent schedule Part C of subtitle 2 of title XXI of the Public Health Service Act ( 42 U.S.C. 300aa–25 et seq. ) is amended by adding at the end the following: 2129. Posting of all clinical data for COVID–19 vaccines before placement on child and adolescent schedule (a) No inclusion of COVID vaccines The Secretary, and any official, agency, or office of the Department of Health and Human Services (including the Centers for Disease Control and Prevention and the Advisory Committee of Immunization Practices), shall not include any vaccine for COVID–19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services (including the Advisory Committee of Immunization Practices) relating to the safety and efficacy (including any adverse effects) of such vaccine. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. (b) Vaccines already on schedule as of enactment (1) Removal Any vaccine for COVID–19 that is included on the child and adolescent immunization schedule as of the date of enactment of this section is hereby deemed to be removed from such schedule. (2) Administrative action The Secretary shall take such actions as may be necessary to effectuate the removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1). (3) Rule of construction The removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1) shall not be construed to affect the authority of the Secretary (or other officials, agencies, or offices) to place such vaccine back on such schedule so long as such placement is in accordance with subsection (a) and other applicable provisions of law. (c) Definition In this section, the term child and adolescent immunization schedule means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule). . | https://www.govinfo.gov/content/pkg/BILLS-117s5171is/xml/BILLS-117s5171is.xml |
117-s-5172 | II 117th CONGRESS 2d Session S. 5172 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Durbin (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To designate the Department of Energy Integrated Engineering Research Center Federal Building located at the Fermi National Accelerator Laboratory in Batavia, Illinois, as the Helen Edwards Engineering Research Center .
1. Helen Edwards Engineering Research Center (a) Designation The Department of Energy Integrated Engineering Research Center Federal Building located at the Fermi National Accelerator Laboratory in Batavia, Illinois, shall be known and designated as the Helen Edwards Engineering Research Center . (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 Helen Edwards Engineering Research Center . | https://www.govinfo.gov/content/pkg/BILLS-117s5172is/xml/BILLS-117s5172is.xml |
117-s-5173 | II 117th CONGRESS 2d Session S. 5173 IN THE SENATE OF THE UNITED STATES December 1, 2022 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 31 and title 10, United States Code, to address claims of the United States Government relating to certain treatment received by civilians at military medical treatment facilities, and for other purposes.
1. Short title This Act may be cited as the Financial Relief for Civilians Treated at Military Hospitals Act . 2. Debt arising from treatment at military medical treatment facilities Section 3711 of title 31, United States Code, is amended— (1) in subsection (g)(2)— (A) in subparagraph (A)(v), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) to any debt or claim described in subsection (j). ; and (2) by adding at the end the following: (j) The Secretary of Defense or the Secretary of a military department (as defined in section 101 of title 10) may not take an action under subsection (a) to collect a claim arising from covered treatment (as defined in section 1079b(b) of that title) provided at a military medical treatment facility to a civilian who is not a covered beneficiary (as defined in section 1072 of that title). . 3. Limitation on fees charged to civilians for emergency medical treatment provided at military medical treatment facilities Section 1079b of title 10, United States Code, is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): (b) Limitation on fees for certain treatment (1) Under the procedures developed under subsection (a), a military medical treatment facility may not charge a civilian who is not a covered beneficiary, or a third-party payer of such civilian, any fee for covered treatment provided to such civilian at such facility. (2) In this subsection: (A) The term covered treatment , with respect to treatment provided to a civilian at a military medical treatment facility, means treatment provided for a medical emergency or in connection with an emergency inpatient admission. (B) The terms emergency inpatient admission and medical emergency have the meanings given those terms in section 199.2 of title 32, Code of Federal Regulations, or successor regulations. (C) The term third-party payer means— (i) an entity described in section 1095(h)(1) of this title; (ii) the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ); or (iii) the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. ). . | https://www.govinfo.gov/content/pkg/BILLS-117s5173is/xml/BILLS-117s5173is.xml |
117-s-5174 | II 117th CONGRESS 2d Session S. 5174 IN THE SENATE OF THE UNITED STATES December 1, 2022 Ms. Cortez Masto (for herself, Mrs. Murray , Ms. Rosen , Ms. Smith , Mr. Bennet , Ms. Duckworth , Mr. Blumenthal , Mr. Padilla , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a grant program to fund women’s health patient navigators for patients seeking abortion care.
1. Short title This Act may be cited as the Women's Health Patient Navigator Act of 2022 . 2. Establishment of women’s health patient navigators Subpart V of part D of title III of the Public Health Service Act ( 42 U.S.C. 256 et seq. ) is amended by adding at the end the following: 340A–1. Women's health patient navigators (a) In general The Secretary shall establish a grant program to support eligible entities for purposes of serving as women’s health patient navigators for patients seeking to access abortion care in order to connect those patients to abortion services. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall— (1) be a nonprofit organization, a community-based organization, a State, local governmental entity, or Tribal government that, through programs, services, or activities that are unbiased and medically- and factually-accurate, assists individuals seeking abortion services; and (2) submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, including a plan for— (A) establishing and operating a program of patient navigator services to help patients seeking abortion services access abortion services, as described in subsection (c); and (B) ensuring that any personally identifiable patient data obtained through the operation of such program is kept confidential. (c) Activities An eligible entity receiving a grant under this section shall use such funds for the following activities related to abortion services: (1) Informing patients of medically-accurate, culturally- and linguistically-appropriate services and resources. (2) Coordinating financing resources for travel-related costs, including transportation, childcare, and lodging. (3) Coordinating abortion services, including identifying available abortion providers and scheduling appointments. (4) Providing psycho-social support to patients seeking abortion care. (5) Assisting patients seeking care with treatment decision-making. (6) Developing partnerships with local community organizations providing services for which eligible entity provides assistance, abortion service providers, and other patient navigators, such as patient navigators receiving grants under section 340A. (7) Assisting with understanding reimbursement and health insurance coverage options, including completing eligibility and enrollment forms. (8) Assisting with understanding where abortion services are legal and the ways in which abortion services may be restricted. (d) Patient navigator protections (1) In general No individual, entity, or State may prevent, restrict, impede, or disadvantage an entity eligible to receive a grant under this section by nature of delivering services described in subsection (c), or any affiliate of such an entity or individual or other entity collaborating with such an entity, from— (A) providing or assisting a health care provider, or any other person, with eligible services described in subsection (c) related to reproductive health care services— (i) lawful in the State in which services are to be provided; or (ii) provided for an individual who does not reside in the State in which the services are to be provided; or (B) carrying out the activities described in this section in any State, including any State in which abortion services are not lawful. (2) Enforcement (A) Attorney General The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates paragraph (1). The court shall hold unlawful and set aside the limitation or requirement if it is in violation of paragraph (1). (B) Private right of action Any women's health patient navigator adversely affected by an alleged violation of paragraph (1) may commence a civil action against any State that violates this subsection, against any government official that enacts, implements, or enforces a limitation or requirement that violates paragraph (1), or against any individual who, pursuant to State law, prevents, restricts, impedes, or disadvantages the entity from carrying out activities in violation of paragraph (1). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of paragraph (1). (C) Equitable relief In any action under this subsection, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (D) Costs In any action under this subsection, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any nonfrivolous action under this subsection. (E) Jurisdiction The district courts of the United States shall have jurisdiction over proceedings under this subsection and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (F) Abrogation of State immunity Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates paragraph (1) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. (G) Right to remove Any party shall have a right to remove an action brought under this subsection to the district court of the United States for the district and division embracing the place where such action is pending. An order remanding the case to the State court from which it was removed under this paragraph may be immediately reviewable by appeal or otherwise. (e) Funding There are appropriated, for fiscal years 2023 through 2027, out of amounts in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s5174is/xml/BILLS-117s5174is.xml |
117-s-5175 | II 117th CONGRESS 2d Session S. 5175 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Cardin (for himself, Mr. Booker , Mr. Coons , Ms. Hirono , Mr. Markey , Ms. Rosen , and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to require an annual report on entrepreneurial development programs, and for other purposes.
1. Short title This Act may be cited as the Small Business Development Centers Improvement Act of 2022 . 2. Annual report on entrepreneurial development programs Section 10 of the Small Business Act ( 15 U.S.C. 639 ) is amended by adding at the end the following: (i) Annual report on entrepreneurial development programs (1) Definitions In this subsection: (A) Covered program The term covered program means a program authorized under section 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, 32, or 34. (B) Entrepreneurial development activity The term entrepreneurial development activity means an activity related to the delivery of entrepreneurial development services, entrepreneurial education, or support for the development and maintenance of business training services carried out through a covered program. (2) Report required The Administrator shall include in the comprehensive annual report required under subsection (a) the following data: (A) A list of all entrepreneurial development activities undertaken during the fiscal year preceding the date of the report through a covered program, including— (i) a description and operating details for each such covered program and the activities performed under each such covered program; (ii) operating circulars, manuals, and standard operating procedures for each such covered program; (iii) a description of the process used to make awards relating to the provision of entrepreneurial development activities under each such covered program; (iv) a list of all recipients of awards under each such covered program and the amount of each such award; and (v) a list of contractors, including the name and location of such contractor, of an award recipient. (B) The total amount of funding obligated for a covered program and the entrepreneurial development activities conducted under each such covered program for the fiscal year preceding the date of the report. (C) The names and titles of the individuals responsible for carrying out a covered program. (D) For entrepreneurial development activities undertaken during the fiscal year preceding the date of the report through the Small Business Development Center Program established under section 21 (in this section referred to as the Program )— (i) the total number and number of individuals counseled or trained through the Program; (ii) the total number of hours of counseling and training services provided through the Program; (iii) to the extent practicable, the demographics of participants in the Program, which shall include the gender, race, ethnicity, and age of each such participant; (iv) the number of participants in the Program who are veterans; (v) the number of new businesses started by participants in the Program; (vi) to the extent practicable, the number of jobs supported, created, and retained with assistance from the Program; (vii) to the extent practicable, the total amount of capital secured by participants in the Program, including through loans and equity investment from the Administration; (viii) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (ix) an estimate of gross receipts, including, to the extent practicable, a description of any change in revenue, of small business concerns assisted through the Program; (x) the number of referrals of individuals to other resources and programs of the Administration; (xi) the results of satisfaction surveys of participants in the Program, including a summary of any comments received from those participants; and (xii) any recommendations by the Administrator to improve the delivery of services by the Program. . 3. Marketing of services Section 21 of the Small Business Act ( 15 U.S.C. 648 ) is amended by adding at the end the following: (o) No prohibition of marketing of services An applicant receiving a grant under this section may use up to 10 percent of their budget to market and advertise the services of the applicant to individuals and small business concerns. . 4. Data collection working group (a) Establishment of working group To improve data collection The Administrator of the Small Business Administration shall establish a group to be known as the Data Collection Working Group consisting of entrepreneurial development grant recipients, the associations and organizations representing such recipients, and officials from the Small Business Administration, to carry out a study to determine the best methods for conducting data collection activities and create or revise existing systems dedicated to data collection. (b) Report Not later than 180 days after the date of enactment of this Act, the Data Collection Working Group shall issue a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives containing the findings and determinations made in carrying out the study required under subsection (a), including— (1) recommendations for revising existing data collection practices for the Small Business Development Center Program; and (2) a proposed plan for the Administrator of the Small Business Administration to implement the recommendations described in paragraph (1). 5. Oversight; fees from private partnerships and cosponsorships; negotiation Section 21(a)(3) of the Small Business Act ( 15 U.S.C. 648(a)(3) ) is amended— (1) in the matter preceding subparagraph (A), by inserting , including financial oversight, after oversight ; (2) by moving subparagraphs (A) and (B) 2 ems to the right; (3) in subparagraph (C)— (A) by striking Whereas ; (B) by inserting Program after Center ; and (C) by striking National and inserting national ; and (4) by adding at the end the following: (D) (i) A small business development center that participates in a private partnership or cosponsorship, in which the Administrator or designee of the Administrator also participates, may collect fees or other income in order to hold events related to the private partnership or cosponsorship. (ii) Nothing in clause (i) shall be construed as the Administration endorsing a private partnership or cosponsorship described in clause (i). (E) An association formed under subparagraph (A) shall, at the request of a small business development center applicant or applicants, participate in the negotiation of the cooperative agreement described in this paragraph between the small business development center applicant or applicants and the Administration. . 6. Equity for small business development centers Section 21(a)(4)(C)(v) of the Small Business Act ( 15 U.S.C. 648(a)(4)(C)(v) ) is amended to read as follows: (1) by striking subclause (I) and inserting the following: (v) Of the amounts made available in any fiscal year to carry out this section, not more than $600,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1). . 7. Confidentiality requirements Section 21(a)(7)(A) of the Small Business Act ( 15 U.S.C. 648(a)(7)(A) ) is amended in the matter preceding clause (i)— (1) by striking or telephone number and inserting , telephone number, or email address ; and (2) by inserting , or the nature or content of such assistance, to any State, local, or Federal agency, or to any third party after receiving assistance under this section . 8. Limitation on award of grants to small business development centers (a) In general Section 21 of the Small Business Act ( 15 U.S.C. 648 ), as amended by section 3 of this Act, is amended— (1) in subsection (a)(1)— (A) by striking any women’s business center operating pursuant to section 29, ; (B) by striking or a women’s business center operating pursuant to section 29 as a Small Business Development Center ; and (C) by striking and women’s business centers operating pursuant to section 29 ; and (2) by adding at the end the following: (p) Limitation on award of grants Except for nonprofit institutions of higher education, and notwithstanding any other provision of law, the Administrator may not award a grant or contract to, or enter into a cooperative agreement with, an entity under this section unless that entity— (1) received a grant or contract from, or entered into a cooperative agreement with, the Administrator under this section before the date of enactment of this subsection; and (2) seeks to renew such a grant, contract, or cooperative agreement after such date. . (b) Rule of construction The amendments made by this section may not be construed as prohibiting a women’s business center described in section 29 of the Small Business Act ( 15 U.S.C. 646 ) from receiving a subgrant from an entity receiving a grant under section 21 of the Small Business Act ( 15 U.S.C. 648 ). 9. Authorization of appropriations for formula grants received by States Section 21(a)(4)(C) of the Small Business Act ( 15 U.S.C. 648(a)(4)(C) ) is amended— (1) in clause (vii), by striking subparagraph and all that follows through the period at the end and inserting subparagraph $175,000,000 for each of fiscal years 2023 through 2026. ; and (2) in clause (viii)— (A) by striking shall reserve not less than $1,000,000 and inserting shall reserve not more than $2,000,000 ; and (B) by striking $100,000 and inserting $200,000. 10. Requirements relating to matching funds Section 21(a)(4)(A) of the Small Business Act ( 15 U.S.C. 648(a)(4)(A) ) is amended by adding at the end the following: Such matching funds shall be evidenced by good faith assertions from the applicant, and the expenditure of matching funds shall not be made a prerequisite of the reimbursement of Federal funds, notwithstanding the final reconciliation payment for the close-out of each award. . 11. Duties of the Associate Administrator for Small Business Development Centers Section 21(h)(2) of the Small Business Act ( 15 U.S.C. 648(h)(2) ) is amended by adding at the end the following: (C) Marketing The Associate Administrator for Small Business Development Centers shall market and advertise the Small Business Development Center Program and participants in that Program as a resource available to any Federal program providing assistance to small business concerns, including the FAST program established under section 34. . 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s5175is/xml/BILLS-117s5175is.xml |
117-s-5176 | II 117th CONGRESS 2d Session S. 5176 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Cassidy (for himself and Mrs. Feinstein ) 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 from gross income amounts received from State-based catastrophe loss mitigation programs.
1. Short title This Act may be cited as the Disaster Mitigation and Tax Parity Act of 2022 . 2. Exclusion of amounts received from state-based catastrophe loss mitigation programs (a) In general Section 139 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) State-Based catastrophe loss mitigation programs (1) In general Gross income shall not include any amount received by an individual as a qualified catastrophe mitigation payment under a program established by— (A) a State, (B) a political subdivision or instrumentality thereof, or (C) an entity established under State charter, for the purpose of making such payments. (2) Qualified catastrophe mitigation payment For purposes of this section, the term qualified catastrophe mitigation payment means any amount which is received by an individual to make improvements to such individual’s residence for the sole purpose of reducing the damage that would be done to such residence by a windstorm, earthquake, wildfire, or flooding. (3) No increase in basis Rules similar to the rules of subsection (g)(3) shall apply in the case of this subsection. . (b) Conforming amendments (1) Section 139(d) is amended by striking and qualified and inserting , qualified catastrophe mitigation payments, and qualified . (2) Section 139(i) (as redesignated by subsection (a)) is amended by striking or qualified and inserting , qualified catastrophe mitigation payment, or qualified . (c) Effective date (1) In general The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (2) Retroactive applicability The exclusion under section 139(h) of the Internal Revenue Code of 1986, as added by this section, may be claimed for taxable years beginning after December 31, 2020, including by amended return. | https://www.govinfo.gov/content/pkg/BILLS-117s5176is/xml/BILLS-117s5176is.xml |
117-s-5177 | II 117th CONGRESS 2d Session S. 5177 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Scott of Florida (for himself, Mr. Braun , Mr. Lee , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Comptroller General of the United States to conduct an audit of religious accommodations relating to the coronavirus disease 2019 for the Armed Forces to ensure all applicable laws, guidance, and policies were followed with respect to such accommodations, and for other purposes.
1. Short title This Act may be cited as the Defending Religious Accommodations for Military Members Act of 2022 . 2. Comptroller General audit of religious accommodations relating to COVID–19 for the Armed Forces (a) In general Commencing not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of religious accommodations relating to the coronavirus disease 2019 (in this section referred to as COVID–19 ) for the Armed Forces to ensure all Federal laws, and guidance and policies of the Department of Defense, the Department of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Department of the Navy), and each military department, were followed with respect to such accommodations. (b) Elements In conducting the audit required under subsection (a), the Comptroller General shall— (1) make a determination as to the reasons for mass denial of religious accommodations relating to COVID–19 across the Armed Forces, including a comparative study of previous religious accommodations; (2) analyze the handling by the Department of Defense and the Department of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Department of the Navy) of medical and administrative requests relating to COVID–19 compared to religious accommodation requests relating to COVID–19, to include concerns raised by members of the Armed Forces who were pregnant, trying to get pregnant, those who were breastfeeding, and others; (3) analyze the timeline of when each military department mandated that members of the Armed Forces take the COVID–19 comirnaty vaccine approved by the Food and Drug Administration and when military medical treatment facilities had the vaccine available for such members; (4) analyze how the current number of involuntary discharges relating to COVID–19 vaccine mandates of the Department of Defense and the Department of Homeland Security are negatively impacting readiness across all branches of the Armed Forces compared with the impacts of COVID–19 on members of the Armed Forces, including hospitalizations and deaths, which shall include an analysis of the total number of members of the Armed Forces scheduled to be discharged compared with impacts of COVID–19 on members of the Armed Forces, including hospitalizations and deaths; (5) determine the extent to which COVID–19 vaccine mandates of the Department of Defense and the Department of Homeland Security are negatively impacting recruiting for the Armed Forces and interest in joining the Armed Forces; (6) determine the extent to which the Department of Defense and the Department of Homeland Security could have used options to retain members of the Armed Forces who had reservations about the COVID–19 vaccine, such as requiring frequent COVID–19 testing, mask wearing, considering natural immunity, or other options so as not to impact the readiness of the Armed Forces; and (7) analyze any retaliation or retribution taken by the Department of Defense or the Department of Homeland Security, or any employee or officer of the Department of Defense or the Department of Homeland Security, with respect to any member of the Armed Forces who was either granted a religious accommodation relating to COVID–19, or who was denied such an accommodation, but refused to take the COVID–19 vaccine and was awaiting discharge proceedings. (c) Report Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the findings of the audit conducted under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s5177is/xml/BILLS-117s5177is.xml |
117-s-5178 | II 117th CONGRESS 2d Session S. 5178 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To impose restrictions on the investment in Chinese companies by tax-exempt entities.
1. Short title This Act may be cited as the Dump Investments in Troublesome Communist Holdings Act or as the DITCH Act . 2. Restriction on investment in Chinese companies by tax-exempt entities (a) In general Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (s) Restriction on investment in Chinese companies (1) In general An organization shall not be treated as described in subsection (c) or (d) or section 401(a) for any taxable year if such organization— (A) holds any interest in a disqualified Chinese company at any time during such taxable year, or (B) fails to timely transmit the annual report described in paragraph (5) for such taxable year. (2) Disqualified Chinese company For purposes of this subsection— (A) In general The term disqualified Chinese company means any corporation— (i) that is incorporated in China, or (ii) more than 10 percent of the stock of which (determined by vote or value) is held (directly or indirectly through any chain of ownership) by any of the following (or combination thereof): (I) 1 or more corporations described in clause (i). (II) China or any governmental agency thereof. (III) Provincial, regional, municipal, Special Administrative Regions, prefecture, county, township, village, or any other Chinese sub-national governmental entity or agency. (IV) Any entity controlled (directly or indirectly) by the Chinese Communist Party or any Chinese Communist Party organ. (V) Any Chinese national. (B) Application to entities other than corporations In the case of any business organization which is not a corporation, subparagraph (A) shall apply to such organization in the same manner as though such organization were a corporation. (C) Application to indirect, derivative, or other contractual interests, etc For purposes of this subsection, an organization shall be treated as holding an interest in a disqualified Chinese company if such organization— (i) holds such interest (or any instrument described in subparagraph (A)) directly or indirectly through any chain of ownership, or (ii) holds any derivative financial instrument or other contractual arrangement with respect to such interest or company (including any financial instrument or other contract which seeks to replicate any financial return with respect to such interest or such company). (D) Publication of list by Secretary The Secretary shall, not later than 120 days after the date of the enactment of this subsection, establish a process for the periodic publishing of a list of certified pooled investments, including exchange traded funds and mutual funds, that do not have exposure to disqualified Chinese companies. (3) Waivers (A) In general Paragraph (1) shall not apply with respect to any interest in a disqualified Chinese company held by any organization during any taxable year if the Secretary issues a waiver to such organization with respect to such interest for such taxable year under this paragraph. Any waiver issued under this paragraph shall be subject to renewal or expiration on a biannual basis. (B) Waiver process (i) Application Not later than 60 days after the date of the enactment of this subsection, the Secretary shall establish a process under which an organization may submit a written application for a waiver under this paragraph. Such application shall be made publicly available and shall include the following: (I) An explanation of the need for such waiver and the reasons that the need for such waiver outweigh the threat posed to the United States by China and the lack of separation between China and the disqualified Chinese company involved. (II) The type (including sector of the economy), amount, and duration of the investment in the disqualified Chinese company. (III) The relationship between the disqualified Chinese company and China. (IV) The extenuating circumstances justifying the applicant’s need to invest in the disqualified Chinese company. (ii) Response The Secretary shall provide a written response to each completed application under clause (i) not later than 60 days after receipt of such application. Such written response shall be made publicly available and shall include the following: (I) A statement of whether the waiver has been provided or withheld. (II) The reasons for providing or withholding the waiver. (III) The identification of any future investments with respect to which such waiver applies. (IV) The date on which such waiver expires (which may not be later than the earlier of the termination of the extenuating circumstances referred to in clause (i)(IV) or the end of the biannual period referred to in subparagraph (A)). (C) Standards for determining if waiver is provided The Secretary may provide a waiver under this paragraph only if the Secretary independently determines that— (i) the need for such waiver, and the reasons for the need for such waiver, outweigh the threat posed to the United States by China and the lack of separation between China and the disqualified Chinese company involved, and (ii) extenuating circumstances justify the applicant’s need to invest in the disqualified Chinese company. For purposes of this subparagraph, the Secretary shall not consider the past or future financial returns of any investment in any disqualified Chinese company, or any other justification based on the applicant’s own financial needs, as an extenuating circumstance justifying such an investment. (D) Publication of waivers provided With respect to each calendar quarter, the Secretary shall publish and make publicly available a list of the waivers provided by the Secretary under this paragraph during such quarter. (4) China For purposes of this section, the term China means the People’s Republic of China and includes any subordinate Special Administrative Regions thereof. (5) Annual report Each organization described in paragraph (1) with respect to each taxable year shall, not later than the due date for the return of tax for such taxable year, transmit to the Secretary a written report including— (A) a description of each interest in a disqualified Chinese company held by such organization during such taxable year, (B) the period during which such interest was so held, and (C) whether such organization has a waiver under paragraph (3) to hold such interest during such period. . (b) Effective date (1) In general The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act, except that only periods after the date that is 270 days after the date of the enactment of this Act shall be taken into account in determining whether the requirement of section 501(s) of the Internal Revenue Code of 1986 (as added by this section) is met with respect to any taxable year. (2) 1-year grace period under certain circumstances In the case of organization that, after intensive due diligence, is unaware of the failure to satisfy the requirement of such section 501(s), paragraph (1) shall be applied by substituting 1 year for 270 days . (c) Public report Not later than 360 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury (or the Secretary’s delegate) shall publicly release a report describing the patterns of United States outbound investment in China, including such investment by organizations described in section 501(s)(1) of the Internal Revenue Code of 1986 (as added by this section). Such report shall detail the sectoral breakdown of such investments. | https://www.govinfo.gov/content/pkg/BILLS-117s5178is/xml/BILLS-117s5178is.xml |
117-s-5179 | II 117th CONGRESS 2d Session S. 5179 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Endangered Species Act of 1973 to require congressional approval of certain actions, and for other purposes.
1. Congressional approval of certain actions Section 4(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a) ) is amended by adding at the end the following: (4) A listing, removal from a list, or change in status of any species under this subsection shall take effect upon enactment of a congressional joint resolution of approval. . | https://www.govinfo.gov/content/pkg/BILLS-117s5179is/xml/BILLS-117s5179is.xml |
117-s-5180 | II 117th CONGRESS 2d Session S. 5180 IN THE SENATE OF THE UNITED STATES December 1, 2022 Ms. Stabenow (for herself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish the Great Lakes Authority, and for other purposes.
1. Short title This Act may be cited as the Great Lakes Authority Act of 2022 . 2. Definitions In this Act: (1) Authority The term Authority means the Great Lakes Authority established by section 3(a)(1). (2) Great Lakes The term Great Lakes has the meaning given the term in section 118(a)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a)(3) ). (3) Great Lakes Commission The term Great Lakes Commission means the Great Lakes Commission established by article IV of the Great Lakes Basin Compact. (4) Great Lakes Basin Compact The term Great Lakes Basin Compact means the Great Lakes Basin Compact to which Congress granted consent in the Act of July 24, 1968 ( Public Law 90–419 ; 82 Stat. 414). (5) Great Lakes region The term Great Lakes region means counties in the States of— (A) Ohio (other than counties served by the Appalachian Regional Commission established by section 14301(a) of title 40, United States Code); (B) Illinois (other than counties served by the Delta Regional Authority established under subtitle F of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009aa et seq. )); (C) Indiana; (D) Michigan; and (E) Wisconsin. (6) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Land bank The term land bank means a government entity, agency, or program, or a special purpose nonprofit entity formed by 1 or more units of government in accordance with a State or local land bank enabling law, that has been designated by 1 or more State or local governments to acquire, steward, repurpose, or dispose of vacant, abandoned, or other problem properties in accordance with locally determined priorities and goals. (8) Local development district The term local development district means any of the following entities for which the Governor of the State in which the entity is located, or the appropriate State officer, certifies to the Authority that the entity has a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the Great Lakes region: (A) A nonprofit incorporated body organized or chartered under the law of the State in which it is located. (B) A nonprofit agency or instrumentality of a State or local government. (C) A nonprofit agency or instrumentality created through an interstate compact. (D) An economic development district (as defined in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 )). (E) A nonprofit association or combination of bodies, agencies, entities, and instrumentalities described in subparagraphs (A) through (D). (9) Participating State The term participating State means a State located within the Great Lakes region that elects to participate in the Authority. 3. Great Lakes Authority (a) Establishment, membership, and employees (1) In general There is established the Great Lakes Authority. (2) Membership (A) Federal and State members The Authority shall be composed of the following members: (i) A Federal Cochairperson, to be appointed by the President, not later than 60 days after the date of enactment of this Act, by and with the advice and consent of the Senate. (ii) A State Cochairperson, to be appointed in accordance with subparagraph (C)(ii). (iii) The Governor of each participating State. (B) Alternate members (i) Alternate federal cochairperson (I) In general The President shall appoint an alternate Federal Cochairperson for the Authority. (II) Duties The alternate Federal Cochairperson appointed under subclause (I), when not actively serving as an alternate for the Federal Cochairperson, shall perform such functions and duties as are delegated by the Federal Cochairperson. (ii) State alternates The State member of a participating State may have a single alternate, who shall be appointed by the Governor of the participating State from among the members of the cabinet or personal staff of the Governor. (iii) Voting An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal or State member for which the alternate member is an alternate. (C) Cochairpersons The Authority shall be headed by— (i) the Federal Cochairperson, who shall serve as a liaison between the Federal Government and the Authority; and (ii) a State Cochairperson, who shall be a Governor of a participating State and shall be elected by the State members for a term of not less than 1 year. (D) Consecutive terms A State member may not be elected to serve as State Cochairperson for more than 2 consecutive terms. (E) Qualifications To be eligible to be appointed as the Federal Cochairperson under subparagraph (A) or the alternate Federal Cochairperson under subparagraph (B)(i), an individual— (i) shall— (I) be a citizen of the United States; (II) be a legal resident of a State within the Great Lakes region; (III) have management expertise relating to a large for-profit or nonprofit corporate, government, or academic institution in a field of study or industry relating to the functions of the Authority; and (IV) make full disclosure to Congress of any investments or other financial interests that the individual may hold; and (ii) shall not be an employee of the Authority. (3) Compensation (A) Federal Cochairperson The Federal Cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule as described in section 5314 of title 5, United States Code. (B) Alternate Federal Cochairpersons Each alternate Federal Cochairperson shall be compensated by the Federal Government at level V of the Executive Schedule as described in section 5316 of title 5, United States Code. (C) State members and alternates Each State member and alternate shall be compensated by the applicable participating State represented by the member or alternate at an appropriate rate in accordance with the laws of that State. (4) Executive Director and Staff (A) In general (i) In general Subject to clause (ii), the Authority shall fix the compensation of an Executive Director and such other personnel as are necessary to enable the Authority to carry out the duties of the Authority. (ii) Maximum compensation Compensation fixed under clause (i) may not exceed the maximum rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. (B) Eligibility The Executive Director shall comply with the same qualification requirements for the Federal Cochairperson and State members of the Authority, as described in paragraph (2)(E). (C) Duties of Executive Director The Executive Director shall be responsible for— (i) carrying out the administrative duties of the Authority; (ii) directing the Authority staff; and (iii) such other duties as the Authority may assign. (5) No Federal employee status No member, alternate, officer, or employee of the Authority (other than the Federal Cochairperson, the alternate Federal Cochairperson, staff of the Federal Cochairperson, and any Federal employee detailed to the Authority) shall be considered to be a Federal employee for any purpose. (6) Removal The Federal Cochairperson and the alternate Federal Cochairperson may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. (7) Commencement of operations The Authority shall begin operations when— (A) the Federal Cochairperson has been appointed by the President and confirmed by the Senate; and (B) not fewer than 2 States in the Great Lakes region have elected to participate in the Authority. (b) Decisions of the Authority (1) Requirements for approval Except as provided in subsection (d)(3)(C), decisions by the Authority shall require the affirmative vote of the Federal Cochairperson and a majority of the State members (exclusive of members representing participating States that are delinquent under clause (iii) of that subsection) at the applicable meeting in which the decision is being considered. (2) Consultation In matters coming before the Authority, the Federal Cochairperson shall, to the extent practicable, consult with the Federal and State departments and agencies having an interest in the subject matter, including transportation planning entities in the Great Lakes region. (3) Quorum A quorum of the Federal Cochairperson or the alternate Federal Cochairperson and 2 State members of the Authority shall be required to be present at any meeting in order for the Authority to make any policy decision, including a modification or revision of a Authority policy decision. (c) Functions (1) In general The Authority shall— (A) promote economic development and job creation and to create worldclass worker education and training institutions to spur economic growth, especially in communities that have been disproportionately affected by the outsourcing of jobs, in the Great Lakes region; (B) foster innovation and strengthen and expand the core manufacturing and industrial base in the Great Lakes region; (C) not later than 1 year after the date of enactment of this Act, and after taking into account State plans developed under section 6, develop an economic development plan for the Great Lakes region, including priorities and 5-year regional outcome targets; (D) provide technical assistance to eligible entities receiving a grant from the Authority under the economic development grant program under section 5; (E) develop, on a continuing basis, comprehensive and coordinated economic and workforce development plans and programs and establish priorities under those plans and programs, giving due consideration to other Federal, State, Tribal, and local planning efforts in the Great Lakes region; (F) enhance the capacity of, and provide support for, local development districts in the Great Lakes region; (G) review and study, in cooperation with the applicable Federal, State, Tribal, or local agency or department involved, Federal, State, Tribal, and local public and private economic and workforce development programs and, where appropriate, recommend modifications or additions that will increase the effectiveness of those programs in the Great Lakes region; (H) consult with Federal agencies in the Great Lakes region on economic development activities; (I) promote coordination with the government of Canada, including the provinces and local governmental entities around the Great Lakes region, on economic and workforce development activities; (J) consult with economic development districts throughout the Great Lakes region to advance the functions of the Authority; (K) conduct and sponsor investigations, research, and studies, including an inventory and analysis of the economic resources of the Great Lakes region; (L) in cooperation with Federal, State, Tribal, and local agencies, sponsor demonstration projects designed to foster productivity and growth in the Great Lakes region; (M) encourage private investment in industrial, commercial, and recreational projects in the Great Lakes region; (N) support broadband access and adoption in the Great Lakes region; and (O) in coordination with the Great Lakes Commission, provide a forum for consideration of economic and environmental problems of the Great Lakes region, and proposed solutions to those problems, and establish and utilize, as appropriate, citizens and special advisory councils and public conferences. (2) Identify needs and goals of subregional areas In carrying out the functions of the Authority under paragraph (1), the Authority shall identify the characteristics, and may distinguish between the economic needs and goals, of appropriate subregional areas, including the respective watersheds of each of the Great Lakes. (d) Administrative powers and expenses (1) Powers In carrying out the duties of the Authority under this Act, the Authority may— (A) enter into agreements and contracts with eligible recipients (as defined in section 5(a)) in furtherance of the business of the Authority; (B) provide technical assistance to eligible recipients (as so defined) receiving or seeking a grant from the Authority; (C) adopt, amend, and repeal bylaws and regulations governing the conduct of the business of the Authority and the performance of the functions of the Authority; (D) make arrangements, including contracts, with any participating State for inclusion in a suitable retirement and employee benefit system of Authority personnel who may not be eligible for, or continue in, another governmental retirement or employee benefit system, or otherwise provide for that coverage of the personnel of the Authority; (E) enter into and perform contracts, leases (including the lease of office space for any term), cooperative agreements, or other transactions necessary in order to carry out the functions of the Authority, on such terms as the Authority considers to be appropriate, with any— (i) department, agency, or instrumentality of the Federal Government; or (ii) participating State or political subdivision, agency, or instrumentality of a participating State; (F) accept, use, and dispose of gifts, donations, services, or any property; (G) maintain a governmental relations office in the District of Columbia; (H) establish a permanent office and headquarters in the Great Lakes region; (I) establish field offices at other places throughout the Great Lakes region, as determined appropriate by the Authority; and (J) take any other actions and incur any other expenses as may be necessary or appropriate. (2) Federal agency cooperation Each Federal agency shall— (A) cooperate with the Authority; and (B) provide, to the extent practicable, on request of the Federal Cochairperson, appropriate assistance in carrying out this Act, in accordance with applicable Federal laws (including regulations). (3) Administrative expenses (A) In general Subject to subparagraph (B), the administrative expenses of the Authority shall be paid— (i) by the Federal Government, in an amount equal to 50 percent of the administrative expenses of the Authority; and (ii) by participating States, in an amount equal to 50 percent of those administrative expenses. (B) Expenses of the Federal chairperson All expenses of the Federal Cochairperson, including expenses of the alternate and staff of the Federal Cochairperson, shall be paid by the Federal Government. (C) State share (i) In general Subject to clause (ii), the share of administrative expenses of the Authority to be paid by each participating State shall be determined by a majority vote of the State members of the Authority. (ii) No Federal participation The Federal Cochairperson shall not participate or vote in any decision under clause (i). (iii) Delinquent States (I) In general During any period in which a participating State is more than 1 year delinquent in payment of the share of the participating State of administrative expenses of the Authority under this paragraph— (aa) no assistance under this Act shall be furnished to that participating State; and (bb) no member of the Authority from that participating State shall participate or vote in any action by the Authority. (II) Economic development program Any ongoing projects in a delinquent State that are funded under section 5 may continue during the period in which the State is delinquent. (e) Meetings (1) Initial meeting The Authority shall hold an initial meeting not later than 180 days after the date of enactment of this Act. (2) Annual meeting The Authority shall conduct at least 1 meeting each year with the Federal Cochairperson and at least a majority of the State members present. (3) Additional meetings (A) In general The Authority shall conduct additional meetings at such times as the Authority determines appropriate. (B) Format The Authority may conduct meetings in person or via electronic means. (f) Personal financial interests (1) Conflicts of interest (A) No role allowed Except as permitted by subparagraph (B), an individual who is the Federal Cochairperson or alternate Federal Cochairperson, a State member or alternate, or an officer or employee of the Authority shall not participate personally and substantially as a member, alternate, officer, or employee of the Authority, through decision, approval, disapproval, recommendation, request for a ruling, or other determination, contract, claim, controversy, or other matter in which, to the knowledge of the individual, any of the following has a financial interest: (i) The individual. (ii) A spouse, minor child, or partner of the individual. (iii) An organization (except a State or political subdivision of a State) in which the individual is serving as an officer, director, trustee, partner, or employee. (iv) Any person or organization with whom the individual is negotiating or has any arrangement concerning prospective employment. (B) Exception Subparagraph (A) shall not apply if the individual, in advance of the proceeding, application, request for a ruling, or other determination, contract, claim controversy, or other particular matter presenting a potential conflict of interest— (i) advises the Authority of the nature and circumstances of the matter presenting the conflict of interest; (ii) makes full disclosure of the financial interest; and (iii) receives a written decision of the Authority that the interest is not so substantial as to be considered likely to affect the integrity of the services that the Authority may expect from the individual. (C) Violation An individual violating this paragraph shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. (2) State member or alternate A State member or alternate State member of the Authority may not receive any salary, or any contribution to, or supplementation of, salary, for services on the Authority from a source other than the participating State represented by the member or alternate. (3) Detailed employees (A) In general No person detailed to serve the Authority shall receive any salary, or any contribution to, or supplementation of, salary, for services provided to the Authority from any source other than the State, local, or intergovernmental department or agency from which the person was detailed to the Authority. (B) Violation Any person that violates this paragraph shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. (4) Federal Cochairperson, alternate to Federal CoChairperson, and federal officers and employees The Federal Cochairperson, the alternate to the Federal Cochairperson, and any Federal officer or employee detailed with the Authority are not subject to this subsection but remain subject to sections 202 through 209 of title 18, United States Code. (5) Rescission The Authority may declare void any contract, loan, or grant of or by the Authority in relation to which the Authority determines that there has been a violation of any of paragraphs (1)(A), (2), or (3), or any of sections 202 through 209 of title 18, United States Code. (g) Tribal participation Governments of Indian Tribes in the Great Lakes region shall be allowed to participate in matters before the Authority in the same manner and to the same extent as State agencies and instrumentalities in the Great Lakes region. (h) Annual report Not later than 90 days after the last day of each fiscal year, the Authority shall prepare and submit to the Governor of each participating State and the President, for transmittal to Congress, a report on the activities carried out under this Act during the preceding fiscal year. 4. Inspector general Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting the Great Lakes Authority, after the Federal Trade Commission, . 5. Economic development grant program (a) Definition of eligible recipient In this section, the term eligible recipient means— (1) a State; (2) a political subdivision of a State or a local government; (3) a public agency or publicly chartered authority established by 1 or more States; (4) a special purpose district with a transportation, energy, environmental, or economic development function; (5) an Indian Tribe or a consortium of Indian Tribes; (6) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); (7) a nonprofit entity; (8) a local development district; (9) a multistate or multijurisdictional group of entities described in any of paragraphs (1) through (8); and (10) an entity described in any of paragraphs (1) through (8) acting jointly with a private entity or group of private entities. (b) Grants The Authority may award grants, on a competitive basis, to eligible recipients to promote economic and workforce development, and to combat poverty and economic decline, in the Great Lakes region. (c) Use of funds An eligible recipient receiving a grant under this section may use the grant to carry out projects in the Great Lakes region, which shall include 1 or more of the following activities: (1) Acquiring or developing land, including making improvements to that land, for use for public works, public service, or development facilities. (2) Supporting the development of, and reinvestment in, land banks in the Great Lakes region. (3) Supporting wastewater infrastructure projects. (4) Broadband infrastructure projects. (5) Water infrastructure projects. (6) Weatherization and lead abatement projects. (7) Supporting port infrastructure projects, including supporting and expanding seaport infrastructure— (A) to enhance the movement of people or goods; (B) to reduce greenhouse gas emissions; (C) to improve water quality; and (D) to improve resiliency. (8) Promoting workforce education and training programs in the Great Lakes region, including programs that support incumbent workers that have experienced economic displacement or train youth to assume in-demand occupations within the Great Lakes region. (9) Promoting the development of renewable and alternative energy sources. (10) Promoting resource conservation, tourism, recreation, and preservation of open space in a manner consistent with economic development goals for the Great Lakes region. (11) Supporting entrepreneurship, business development, and technology development in the Great Lakes region. (12) Growing the capacity for successful community economic development in the Great Lakes region. (13) Facilitating the construction or rehabilitation of housing to meet the needs of low-income and moderate-income families and individuals in the Great Lakes region. (14) Developing surface transportation infrastructure in the Great Lakes region. (15) Supporting severely economically distressed communities in the Great Lakes region by improving basic health care and other public services. (16) Any other activity that achieves the purpose of the grants described in subsection (b), as determined by the Authority. (d) Considerations In selecting activities to receive a grant from the Authority under this section, and in establishing a priority ranking for applications submitted to the Authority for assistance under this section, the Authority shall follow procedures that ensure, to the maximum extent practicable, consideration of— (1) the relationship of the project or class of projects to overall development and poverty alleviation in the Great Lakes region, including whether the location of the project is in a severely and persistently distressed county or area; (2) the population and area to be served by the project or class of projects, including the per capita market income and the unemployment rates in the area; (3) the relative financial resources available to the eligible recipient that seeks to undertake the project; (4) the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same amounts under this section; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment in the Great Lakes region, including for populations with the highest unemployment rates, the average level of income, or the economic and social development of the area served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which financing expenditures may be evaluated. (e) Request for data for broadband infrastructure projects Before making a grant for a project or activity described in subsection (c)(4), the Authority shall request from the Federal Communications Commission, the National Telecommunications and Information Administration, the Economic Development Administration, and the Department of Agriculture data on— (1) the level and extent of broadband service that exists in the area proposed to be served by the broadband service-related infrastructure; and (2) the level and extent of broadband service that will be deployed in the area proposed to be served by the broadband service-related infrastructure pursuant to another Federal program. (f) Maximum Authority contributions (1) In general In accordance with paragraph (2), the Authority may contribute not more than 90 percent of a project or activity cost eligible for financial assistance under this section from amounts appropriated to carry out this section. (2) Distressed communities In making a contribution under paragraph (1), the Authority shall ensure that the Authority contributes a higher percentage for a project or activity to be carried out in a distressed community as compared to a project or activity to be carried out in a non-distressed community. (g) Maintenance of effort Funds may be provided by the Authority for a program or project in a participating State under this section only if the Authority determines that the level of Federal or State financial assistance provided under a law other than this Act, for the same type of program or project in the same area of the State within the Great Lakes region, will not be reduced as a result of funds made available by this Act. (h) Approval of applications for assistance (1) Evaluation by state member An application submitted by an eligible recipient to the Authority for a grant under this section shall be made through, and evaluated for approval by, the State member of the Authority representing the eligible recipient. (2) Certification An application submitted by an eligible recipient to the Authority for a grant under this section shall be eligible for assistance only on certification by the State member of the Authority representing the eligible recipient that the application for the project— (A) describes ways in which the project complies with any applicable State economic development plan developed under section 6(a); (B) describes the 1 or more activities intended to be carried out using grant funds; (C) adequately ensures that the project will be properly administered, operated, and maintained; and (D) otherwise meets the requirements for assistance under this section. (3) Votes for decisions On certification by a State member of the Authority of an application for a grant under this section, an affirmative vote of the Authority under section 3(b)(1) shall be required for approval of the application. (i) Consultation with the Great Lakes Commission on certain projects The Authority shall consult with the Great Lakes Commission on any project submitted by an eligible recipient to the Authority under this section that impacts the water resources of the Great Lakes basin, as described in the Great Lakes Basin Compact, prior to awarding a grant under this section for the applicable project. (j) Savings provision Nothing in this section limits, alters, or amends the Great Lakes Basin Compact. 6. Comprehensive economic development plans (a) State plans In accordance with policies established by the Authority, each State member of the Authority shall develop and submit a comprehensive economic development plan for the area of the Great Lakes region represented by that member. (b) Content of plan A State economic development plan developed under subsection (a) shall reflect the goals, objectives, and priorities identified in any applicable economic development plan developed by the Authority under section 3(c). (c) Consultation with interested local parties In carrying out the development planning process (including the selection of programs and projects for assistance) under subsection (a), a participating State shall— (1) consult with local development districts, local units of government, and local colleges and universities; and (2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1). 7. Authorization of appropriations There is authorized to be appropriated not less than $80,000,000 for fiscal year 2023 and each fiscal year thereafter— (1) to carry out the economic development grant program under section 5; and (2) for administrative expenses of the Authority. | https://www.govinfo.gov/content/pkg/BILLS-117s5180is/xml/BILLS-117s5180is.xml |
117-s-5181 | II 117th CONGRESS 2d Session S. 5181 IN THE SENATE OF THE UNITED STATES December 5, 2022 Mr. Tester (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To direct the Secretary of Veterans Affairs to make certain improvements relating to mental health and suicide prevention outreach to minority veterans and American Indian and Alaska Native veterans, and for other purposes.
1. Short title This Act may be cited as the American Indian and Alaska Native Veterans Mental Health Act . 2. Mental health and suicide prevention outreach to minority veterans and American Indian and Alaska Native veterans (a) Staffing requirement Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that each medical center of the Department of Veterans Affairs has not fewer than one full-time employee whose responsibility is serving as a minority veteran coordinator. (b) Training Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of the Indian Health Service and the Director of the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs, shall ensure that all minority veteran coordinators receive training in delivery of mental health and suicide prevention services culturally appropriate for American Indian and Alaska Native veterans, especially with respect to the populations and Indian Tribes identified within the catchment area served by each such coordinator. (c) Coordination with suicide prevention coordinators (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of the Office of Mental Health and Suicide Prevention of the Department, shall ensure that the suicide prevention coordinator and minority veteran coordinator of each medical center of the Department have developed and disseminated to the director of the medical center a written plan for conducting mental health and suicide prevention outreach to all Indian Tribes and Urban Indian organizations within the catchment area of the medical center. (2) Elements of plan Each plan required under paragraph (1) shall include for each Indian Tribe covered by the plan— (A) contact information for leadership of the Indian Tribe and the Tribal health facility or facility of the Indian Health Service serving the Indian Tribe; (B) a schedule for and list of outreach plans (including plans addressing any barriers to accessing mental health care from the Department); (C) documentation of any conversation with leaders of the Indian Tribe that may guide culturally appropriate delivery of mental health care to American Indian or Alaska Native veterans; (D) documentation of any progress in incorporating traditional healing practices into mental health and suicide prevention protocols and options available for veterans who are members of such Indian Tribe; and (E) documentation of any coordination among the Department of Veterans Affairs, the Indian Health Service, Urban Indian organizations, and the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services for the purpose of improving suicide prevention efforts tailored to veterans who are members of such Indian Tribe and the provision of culturally competent mental health care to such veterans. (d) Report (1) In general Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on outreach efforts to minority veterans and American Indian and Alaska Native veterans. (2) Elements The report required under paragraph (1) shall include each of the following: (A) The number of minority veteran coordinators within the Department of Veterans Affairs. (B) The number and percentage of minority veteran coordinators who are women. (C) The number and percentage of minority veteran coordinators who are persons of color. (D) The number and percentage of medical centers of the Department with a minority veteran coordinator. (E) The number and percentage of mental health providers of the Department who are enrolled members of an Indian Tribe or self-identify as Native American. (F) The number and percentage of mental health providers of the Department who speak a second language. (G) A review of the outreach plans developed and submitted to all medical centers of the Department for outreach to American Indian and Alaska Native veterans. (H) An annual review of mental health care provided by the Department to American Indian and Alaska Native veterans during the three-year period preceding the date of the report, including the number of appointments for such care and an assessment of any barriers to providing such care. (e) Definitions In this section: (1) Indian Tribe The term Indian Tribe has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (2) Urban Indian organization The term Urban Indian organization has the meaning given that term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). | https://www.govinfo.gov/content/pkg/BILLS-117s5181is/xml/BILLS-117s5181is.xml |
117-s-5182 | II 117th CONGRESS 2d Session S. 5182 IN THE SENATE OF THE UNITED STATES December 5, 2022 Mr. Kaine (for himself, Mr. Rubio , Mr. Cardin , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To direct the United States Government to support extending the mandate of the Independent International Fact-Finding Mission on Venezuela until a resolution of the Venezuelan crisis is achieved.
1. Short title This Act may be cited as the Assuring that the Fact-Finding Examination Continues to Track Human Rights in Venezuela Act or the AFFECT Human Rights in Venezuela Act . 2. Findings Congress makes the following findings: (1) The United Nations Human Rights Council Resolution adopted Resolution 42/25 on September 27, 2019, establishing an independent fact-finding mission (referred to in this Act as the Fact-Finding Mission ) on the Bolivarian Republic of Venezuela to investigate extrajudicial executions, enforced disappearances, arbitrary detentions and torture and other cruel, inhuman or degrading treatment since 2014 with a view to ensuring full accountability for perpetrators and justice for victims . The mandate of the Fact-Finding Mission was extended by the United Nations Human Rights Council in 2020 for two years, and on October 7, 2022, for an additional two years, with a view to combating impunity and ensuring full accountability for perpetrators and justice for victims. (2) The Fact-Finding Mission has identified specific incidents and patterns establishing reasonable grounds to conclude that violations of international human rights and criminal law have been committed in Venezuela, according to its October 2022 report. (3) The Fact-Finding Mission has faced several constraints, including lack of access to work in-country, travel limitations due to the COVID–19 pandemic, disrupted interviews due to electricity and internet failures, and limited ability to secure witness statements and key documents. Despite these challenges, the Fact-Finding Mission has been able to carry out its investigative and analytical work, and generate reports that serve as an invaluable resource for victims, civil society organizations, and international accountability mechanisms. (4) The United States has historically used its voice, vote, and influence at the United Nations to address human rights abuses around the world and to seek to hold perpetrators accountable. (5) Marta Valiñas, Chair of the Fact-Finding Mission on Venezuela, stated in September 2022 that the Mission’s investigations and analysis show that the Venezuelan State relies on the intelligence services and its agents to repress dissent in the country. In doing so, grave crimes and human rights violations are being committed, including acts of torture and sexual violence. These practices must stop immediately, and the individuals responsible must be investigated and prosecuted in accordance with the law. . 3. Actions relating to the fact-finding mission on Venezuela (a) Support To extend mandate The Secretary of State shall take such actions as may be necessary to use the voice, vote, and influence of the United States in the United Nations Human Rights Council (UNHRC) and the United Nations General Assembly (UNGA) to seek to— (1) extend the mandate of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela to continue until a resolution of the crisis in Venezuelan that includes— (A) holding a new presidential election that complies with international standards for a free, fair, and transparent electoral process; (B) ending Nicolas Maduro’s usurpation of presidential authorities; (C) restoring democracy and the rule of law; (D) freeing political prisoners; and (E) facilitating the consistent delivery of humanitarian aid; (2) encourage international support to empower the Fact-Finding Mission to thoroughly conduct its stated purpose of investigating gross violations of human rights perpetrated in Venezuela since 2014; (3) urge the Fact-Finding Mission to raise early warnings of further deterioration of the human rights situation in Venezuela, particularly ahead of the country’s elections expected in the country for 2024 and 2025; and (4) provide investigative and technical assistance to the Fact-Finding Mission as requested and as permitted within the United Nations Rules and Regulations and within United States law. (b) Support for further action The President is authorized to direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the United Nations to provide greater action with respect to human rights violations in Venezuela by— (1) urging the UNGA to consider a resolution condemning the Venezuelan regime’s use of political prisoners and wrongfully detained foreign nationals as leverage to extract concessions from its adversaries consistent with prior United Nations resolutions; (2) assisting efforts by the relevant United Nations Special Envoys and Special Rapporteurs to secure the release of all political prisoners and wrongfully detained foreign nationals in Venezuela, including Americans, promote respect for human rights, and encourage dialogue towards a peaceful and democratic transfer of power; (3) urging the United Nations and specialized agencies to address the humanitarian needs of the people of Venezuela, including vulnerable Venezuelan refugees and migrants in third countries through direct assistance; and (4) supporting access for humanitarian actors, independent media, and credible international legal and judicial entities, including future United Nations fact-finding missions and similar investigatory mechanisms, to people residing in Venezuela and to the growing Venezuelan diaspora. (c) Due consideration of fact-Finding mission reports The President and the Secretary of State shall— (1) appropriately review all past and future reports presented by the Fact-Finding Mission to United Nations bodies; and (2) give due consideration to the Fact-Finding Mission’s reported conclusions in developing and executing the foreign policy of the United States with respect to Venezuela. (d) Report Not later than 90 days after the date of the enactment of this Act, and annually thereafter until the expiration of the official mandate of the Fact-Finding Mission, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of the actions described in subsections (a), (b), and (c). (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s5182is/xml/BILLS-117s5182is.xml |
117-s-5183 | II 117th CONGRESS 2d Session S. 5183 IN THE SENATE OF THE UNITED STATES December 5, 2022 Mr. Padilla (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Credit Union Act to provide a sunset for certain ways in which credit unions may be Agent members of the National Credit Union Administration Central Liquidity Facility.
1. Agent membership (a) In general Section 304(b)(2) of the Federal Credit Union Act ( 12 U.S.C. 1795c(b)(2) ) is amended by striking all those credit unions and inserting such credit unions as the Board may in its discretion determine . (b) Sunset (1) In general Section 304(b)(2) of the Federal Credit Union Act ( 12 U.S.C. 1795c(b)(2) ) is amended by striking such credit unions as the Board may in its discretion determine and inserting all those credit unions . (2) Effective date The amendments made by paragraph (1) shall take effect on December 31, 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s5183is/xml/BILLS-117s5183is.xml |
117-s-5184 | II 117th CONGRESS 2d Session S. 5184 IN THE SENATE OF THE UNITED STATES December 5, 2022 Ms. Baldwin (for herself and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To promote registered apprenticeships and on-the-job training for small and medium-sized businesses within in-demand industry sectors, through the establishment and support of eligible partnerships.
1. Short title This Act may be cited as the Promoting Apprenticeships through Regional Training Networks for Employers' Required Skills Act of 2022 or the PARTNERS Act . 2. Purpose The purpose of this Act is to promote registered apprenticeships and on-the-job training for small and medium-sized businesses within in-demand industry sectors, through the establishment and support of eligible partnerships. 3. Definitions In this Act: (1) Eligible partnership The term eligible partnership means an industry or sector partnership that submits and obtains approval of an application consistent with section 6(b). (2) In-demand industry sector The term in-demand industry sector means a sector described in subparagraphs (A)(i) and (B) of section 3(23) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(23) ). (3) Local or regional The term local or regional , used with respect to an entity, means that the entity provides services in, respectively, a local area or region. (4) Registered apprenticeship The term registered apprenticeship means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (5) Secretary The term Secretary means the Secretary of Labor. (6) Workforce terms The terms Governor , individual with a barrier to employment , industry or sector partnership , local area , on-the-job training , outlying area , recognized postsecondary credential , region , State , and supportive services , used with respect to activities supported under this Act, have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). 4. Availability of funds From funds paid into the general fund of the Treasury and available under section 286(s)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1356(s)(2) ), the Secretary shall carry out this Act. 5. Allotments to States (a) Reservation Of the amounts available for this Act under section 4, the Secretary may reserve— (1) not more than 5 percent of those amounts for the costs of technical assistance and Federal administration of this Act; (2) not more than 2 percent of those amounts for the costs of evaluations conducted under section 8(b); and (3) not more than 1/4 of 1 percent of such amounts to provide assistance to the outlying areas. (b) Allotments (1) In general Of the amounts available for this Act under section 4 that remain after the Secretary makes the reservations under subsection (a), the Secretary shall, for the purpose of assisting (which may include assistance in establishing original or expanded) local or regional eligible partnerships to support registered apprenticeship and on-the-job training programs under this Act, make allotments to eligible States in accordance with clauses (ii) through (v) of section 132(b)(1)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3162(b)(1)(B) ), subject to paragraph (2). (2) Application For purposes of applying the clauses described in paragraph (1), under paragraph (1), the Secretary— (A) shall not apply subclauses (I) and (III) of clause (iv) with respect to the first fiscal year after the date of enactment of this Act; (B) shall apply clause (iv)(II) by substituting 0.5 percent of the remaining amounts described in paragraph (1) (referring to the paragraph (1) in the PARTNERS Act) for the total described in that clause; (C) shall not apply clause (iv)(IV); (D) shall apply clause (v)(II) by substituting The term allotment percentage , used with respect to the second full fiscal year after the date of enactment of this Act, or a subsequent fiscal year, means a percentage of the remaining amounts described in paragraph (1) (referring to the paragraph (1) in the PARTNERS Act) that is received through an allotment made under this subsection for the fiscal year. for the two sentences in that clause; and (E) shall apply clause (v)(III) by substituting a registered apprenticeship and on-the-job training program carried out under this Act for a program of workforce investment activities carried out under this subtitle . (3) Use of unallotted funds If a State fails to meet the requirements for an allotment under this subsection, the Secretary may allot funds that are not allotted under paragraphs (1) and (2) to eligible States under a formula based on the formula specified in section 132(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3173(c) ). (4) Definition In this subsection, the term eligible State means a State that meets the requirements of section 102 or 103 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3112 , 3113) and subsection (c). (c) State eligibility To be eligible to receive an allotment under subsection (b), a State shall submit an application to the Secretary, at such time, in such manner, and containing a description of the activities to be carried out with the grant funds. At a minimum, the application shall include information on— (1) the industry or sector of the local or regional industry or sector partnerships that will be supported, the lead partners for the partnerships, and how the partnerships will work to engage small and medium-sized businesses, as applicable, in the activities of the partnerships; (2) the in-demand industry sectors that will be served, including how such industry sectors were identified, and how the activities of the partnerships will align with State, regional, and local plans as required under title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq. ); (3) the registered apprenticeship and on-the-job training programs to be supported though the partnerships; (4) the populations that will receive services, including individuals with barriers to employment and populations that were historically underrepresented in the industry sectors to be served through the partnerships; (5) the services, including business engagement, classroom instruction, and supportive services (including at least 6 months of post-employment supportive services), that will be supported through the grant funds; (6) the recognized postsecondary credentials (beyond a certificate of completion) that workers will obtain through participation in the registered apprenticeship and on-the-job training programs, and the quality of the programs that lead to the credentials; (7) levels of performance to be achieved on the performance indicators described in section 8, to measure progress towards expanding registered apprenticeships and on-the-job training; and (8) how the partnerships will leverage additional resources, including funding provided under title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq. ) and non-Federal resources, to support the activities carried out under this Act. (d) Review of applications The Secretary shall review applications submitted under subsection (c) in consultation with the Secretary of Education and the Secretary of Health and Human Services. 6. Grants to partnerships (a) Grants (1) In general The Governor of a State that receives an allotment under section 5 shall use the funds made available through the allotment and not reserved under subsection (d) to award grants to industry or sector partnerships that seek to become eligible partnerships. The Governor shall award the grants for the purpose of assisting (which may include establishing original or expanded) local or regional industry or sector partnerships that are identified in the application submitted under section 5(c), to carry out activities described in section 7. (2) Period and amount of grant A State may make a grant under this section for a period of 3 years, and in an amount of not more than $500,000. (3) Availability of funds The Governor of a State that receives an allotment under section 5 for a fiscal year may use the funds made available through the allotment during that year or the 2 subsequent fiscal years. (b) Eligibility To be eligible to receive a grant under this section, an industry or sector partnership described in subsection (a)(1) shall— (1) submit an application to the State at such time, in such manner, and containing such information as the State may require; and (2) designate, in the application, a partner in the industry or sector partnership, to serve as the fiscal agent for purposes of the grant. (c) Awards of grants (1) Participation in multiple eligible partnerships Subject to paragraph (2), a State may award grants under this section in a way that results in an entity being represented in more than one partnership that receives such a grant. (2) Geographic diversity In making the grants, a State shall ensure that there is geographic diversity in the areas in which activities will be carried out under the grants. (d) Administration The State may reserve not more than 5 percent of the amount of an allotment under section 5 for the administration of the grants awarded under this section. 7. Use of funds (a) In general An eligible partnership that receives a grant under section 6 shall use the grant funds to support a registered apprenticeship and on-the-job training program. The eligible partnership shall use the grant funds to support the activities described in subsections (b) and (c) and such other strategies as may be necessary to support the development and implementation of a registered apprenticeship and on-the-job training program, and participant retention in and completion of that program. The partnership may use the grant funds to establish an original or expanded eligible partnership. (b) Business engagement The eligible partnership shall use grant funds to provide services to engage businesses in a registered apprenticeship or on-the-job training program, which may include assisting a small or medium-sized business with— (1) the navigation of the registration process for a sponsor of a registered apprenticeship program; (2) the connection of the business with an education provider to develop classroom instruction to complement learning through a registered apprenticeship or on-the-job learning; (3) the development of a curriculum for a registered apprenticeship or on-the-job training program; (4) the employment of workers in a registered apprenticeship or on-the-job training program for a transitional period before the business hires an individual for continuing employment; (5) the provision of training to managers and front-line workers to serve as trainers or mentors to workers in a registered apprenticeship or on-the-job training program; (6) the provision of career awareness activities; and (7) the recruitment of individuals to participate in a registered apprenticeship or on-the-job training program from individuals receiving additional workforce and human services, including— (A) workers in programs under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); (B) recipients of assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); and (C) recipients of assistance through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). (c) Supportive services for workers (1) In general The eligible partnership shall use grant funds to provide supportive services for workers to assure their success in a registered apprenticeship or on-the-job training program, which may include— (A) connection of individuals with adult basic education; (B) connection of individuals with a pre-apprenticeship program or other preparation for a registered apprenticeship or on-the-job training program; (C) provision of additional mentorship and retention supports for individuals during pre-apprenticeship or other preparation for a registered apprenticeship or on-the-job training program, and during periods of employment for such a program; (D) provision of tools, work attire, and other required items necessary to start such employment; and (E) provision of transportation, child care services, or other wrap-around services. (2) Length of services Each eligible partnership shall provide supportive services for workers for not less than 12 months after the date of placement of an individual in a registered apprenticeship or on-the-job training program. That 12-month period shall include a period of pre-apprenticeship or other preparation for the program, a transitional period of employment as described in subsection (b)(4), and a period of continuing employment. 8. Performance and accountability (a) Local reports Not later than 1 year after receiving a grant under section 6, and annually thereafter, each eligible partnership in a State shall conduct an evaluation and submit to the State a local report containing information on— (1) levels of performance achieved by the eligible partnership with respect to the performance indicators under section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A) )— (A) for all workers (including apprentices) in the program involved; and (B) for all such workers, disaggregated by each population specified in section 3(24) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(24) ) and by race, ethnicity, sex, and age; and (2) levels of performance achieved by the eligible partnership with respect to the performance indicators under that section 116(b)(2)(A)— (A) for individuals with barriers to employment in the program involved; and (B) for all such individuals, disaggregated by each population specified in section 3(24) of the Workforce Innovation and Opportunity Act and by race, ethnicity, sex, and age. (b) State reports Not later than 24 months after receiving initial local reports under subsection (a) (but in no case less than 18 months after the corresponding grants are awarded) and annually thereafter, the State shall conduct an evaluation and submit a report to the Secretary containing— (1) the information provided by the eligible partnerships through the local reports; and (2) the State level of performance, aggregated across all eligible partnerships, with respect to the performance indicators described in subsection (a). 9. Conforming amendments (a) American Competitiveness and Workforce Improvement Act of 1998 Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( 29 U.S.C. 2916a ) is repealed. (b) Immigration and Nationality Act Section 286(s)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1356(s)(2) ) is amended to read as follows: (2) Use of fees for registered apprenticeship and on-the-job training programs 50 percent of amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended to carry out the PARTNERS Act . . | https://www.govinfo.gov/content/pkg/BILLS-117s5184is/xml/BILLS-117s5184is.xml |
117-s-5185 | II 117th CONGRESS 2d Session S. 5185 IN THE SENATE OF THE UNITED STATES December 5, 2022 Mr. Carper (for himself and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Coastal Barrier Resources Act to make improvements to that Act, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Strengthening Coastal Communities Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Coastal Barrier Resources Act Amendments Sec. 101. Definitions. Sec. 102. Coastal hazard pilot project. Sec. 103. John H. Chafee Coastal Barrier Resources System. Sec. 104. Nonapplicability of prohibitions to otherwise protected areas and structures in new additions to the System. Sec. 105. Require disclosure to prospective buyers that property is in the Coastal Barrier Resources System. Sec. 106. Emergency exceptions to limitations on expenditures. Sec. 107. Improve Federal agency compliance with Coastal Barrier Resources Act. Sec. 108. Authorization of appropriations. TITLE II—Changes to John H. Chafee Coastal Barrier Resources System maps Sec. 201. Changes to John H. Chafee Coastal Barrier Resources System maps. I Coastal Barrier Resources Act Amendments 101. Definitions Section 3 of the Coastal Barrier Resources Act ( 16 U.S.C. 3502 ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking means and inserting includes ; (B) in subparagraph (A)— (i) in the matter preceding clause (i), by inserting bluff, after barrier spit, ; and (ii) in clause (ii), by inserting and related lands after aquatic habitats ; (C) in subparagraph (B), by inserting , including areas that are and will be vulnerable to coastal hazards, such as flooding, storm surge, wind, erosion, and sea level rise after nearshore waters ; and (D) in the matter following subparagraph (B), by striking , and man’s activities on such features and within such habitats, ; (2) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and (3) by inserting after paragraph (4) the following: (5) Otherwise protected area (A) In general The term Otherwise Protected Area means any unit of the System that, at the time of designation, was predominantly composed of areas established under Federal, State, or local law, or held by a qualified organization, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes. (B) Qualified organization For purposes of subparagraph (A), the term qualified organization has the meaning given the term in section 170(h)(3) of the Internal Revenue Code of 1986. . 102. Coastal hazard pilot project (a) In general (1) Project The Secretary of the Interior, in consultation with the Assistant Secretary of the Army for Civil Works, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Federal Emergency Management Agency, and the heads of appropriate State coastal zone management agencies, shall carry out a coastal hazard pilot project to propose definitions and criteria and produce maps of areas, including coastal mainland areas, which could be added to the John H. Chafee Coastal Barrier Resources System established by section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) that are and will be vulnerable to coastal hazards, such as flooding, storm surge, wind, erosion and sea level rise, and areas to which barriers and associated habitats are likely to migrate or be lost as sea level rises. (2) Number of units The project carried out under this section shall consist of the creation of maps for at least 10 percent of the System and may also identify additional new System units. (b) Report (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the pilot project and the proposed definitions and criteria and costs of completing maps for the entire System. (2) Contents The report shall include a description of— (A) the final recommended maps created under the coastal hazard pilot project; (B) recommendations for the adoption of the final recommended maps created under this section by Congress; (C) a summary of the comments received from the Governors of the States, other government officials, and the public regarding the definitions, criteria, and draft maps; (D) a description of the criteria used for the project and any related recommendations; and (E) the amount of funding necessary for completing maps for the entire System. (c) Consultation The Secretary shall prepare the report required under subsection (b)— (1) in consultation with the Governors of the States in which any newly identified areas are located; and (2) after— (A) providing an opportunity for the submission of public comments; and (B) considering any public comments submitted under subparagraph (A). 103. John H. Chafee Coastal Barrier Resources System (a) Technical amendments Section 4 of the Coastal Barrier Resources Act ( 16 U.S.C. 3503 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting as System units and Otherwise Protected Areas after generally depicted ; and (2) in subsection (f)(2), in the matter preceding subparagraph (A), by striking copy of the map and inserting notification of the availability of the map . (b) Excess Federal property Section 4(e) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(e) ) is amended by adding at the end the following: (3) Definition of undeveloped coastal area Notwithstanding section 3(1) and subsection (g), in this subsection the term undeveloped coastal barrier means any coastal barrier regardless of the degree of development. . 104. Nonapplicability of prohibitions to otherwise protected areas and structures in new additions to the System Section 5 of the Coastal Barrier Resources Act ( 16 U.S.C. 3504 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting subsections (c) and (d) and after Except as provided in ; and (2) by adding at the end the following: (c) Applicability to otherwise protected areas Consistent with the Coastal Barrier Improvement Act of 1990 ( Public Law 101–591 ; 104 Stat. 2931), except for limitations on new flood insurance coverage described in section 1321 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4028 ), the prohibitions on Federal expenditures and financial assistance described in subsection (a) shall not apply within Otherwise Protected Areas. (d) Prohibitions affecting existing insurable structures within the System (1) In general With respect to additions to the System made on or after the date of enactment of the Strengthening Coastal Communities Act of 2022 but subject to paragraphs (2) and (3), the prohibitions on new expenditures and new financial assistance under subsection (a) shall take effect on the date that is 1 year after the date on which the addition to the System was made. (2) Existing structures (A) In general An insurable structure described in subparagraph (B) shall remain eligible for new Federal expenditures and new Federal financial assistance. (B) Insurable structure described An insurable structure referred to in subparagraph (A) is an insurable structure that is— (i) located within a new addition to the System made on or after the date of enactment of the Strengthening Coastal Communities Act of 2022 ; and (ii) in existence before the expiration of the applicable 1-year period described in paragraph (1). (3) Insurable structures in otherwise protected areas Notwithstanding any other provision in this section, new Federal expenditures and financial assistance may be provided for insurable structures in Otherwise Protected Areas that are used in a manner consistent with the purpose for which the area is protected. . 105. Require disclosure to prospective buyers that property is in the Coastal Barrier Resources System Section 5 of the Coastal Barrier Resources Act ( 16 U.S.C. 3504 ) (as amended by section 104(2)) is amended by adding at the end the following: (e) Disclosure of limitations Not later than 2 years after the date of enactment of the Strengthening Coastal Communities Act of 2022 , the Secretary, in consultation with the Secretary of Housing and Urban Development, shall promulgate regulations that, with respect to real property located in an affected community, as determined by the United States Fish and Wildlife Service, that is offered for sale or lease, require disclosure that the real property is located within a community affected by this Act. . 106. Emergency exceptions to limitations on expenditures Section 6(a)(6) of the Coastal Barrier Resources Act ( 16 U.S.C. 3505(a)(6) ) is amended by striking subparagraph (E) and inserting the following: (E) Emergency actions necessary to the saving of lives and the protection of property and the public health and safety, if such actions are performed pursuant to sections 402, 403, 407, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170a , 5170b, 5173, 5192) and are limited to actions that are necessary to alleviate the emergency. . 107. Improve Federal agency compliance with Coastal Barrier Resources Act (a) In general Section 7(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3506(a) ) is amended— (1) by striking the Coastal Barrier Improvement Act of 1990 and inserting the Strengthening Coastal Communities Act of 2022 ; and (2) by striking promulgate regulations and inserting revise or promulgate regulations and guidance, as necessary, . (b) Technical correction Section 3(2) of the Coastal Barrier Resources Act ( 16 U.S.C. 3502(2) ) is amended by striking Committee on Resources and inserting Committee on Natural Resources . 108. Authorization of appropriations Section 10 of the Coastal Barrier Resources Act ( 16 U.S.C. 3510 ) is amended by striking $2,000,000 and all that follows through the period at the end of the sentence and inserting $5,000,000 for each of fiscal years 2023 through 2027. . II Changes to John H. Chafee Coastal Barrier Resources System maps 201. Changes to John H. Chafee Coastal Barrier Resources System maps (a) In general (1) Replacement maps Each map included in the set of maps referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) that relates to a unit of the John H. Chafee Coastal Barrier Resources System established by that section referred to in subsection (b) is replaced in such set with the map described in that subsection with respect to that unit and any other new or reclassified units depicted on that map panel. (2) New maps The set of maps referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) is amended to include the new maps described in subsection (c). (b) Replacement maps described The replacement maps referred to in subsection (a)(1) are the following: (1) The map entitled Salisbury Beach Unit MA–01P Plum Island Unit MA–02P (1 of 2) and dated December 18, 2020. (2) The map entitled Clark Pond Unit C00 Plum Island Unit MA–02P (2 of 2) Castle Neck Unit MA–03 Wingaersheek Unit C01 (1 of 2) and dated December 18, 2020. (3) The map entitled Wingaersheek Unit C01 (2 of 2) Good Harbor Beach/Milk Island Unit C01A Cape Hedge Beach Unit MA–48 Brace Cove Unit C01B and dated December 18, 2020. (4) The map entitled West Beach Unit MA–04 Phillips Beach Unit MA–06 and dated December 18, 2020. (5) The map entitled Snake Island Unit MA–08P, Squantum Unit MA–09P Merrymount Park Unit MA–10P West Head Beach Unit C01C/C01CP Peddocks/Rainsford Island Unit MA–11/MA–11P and dated December 18, 2020. (6) The map entitled Cohassett Harbor Unit MA–12 North Scituate Unit C02P Rivermoor Unit C03 and dated December 18, 2020. (7) The map entitled Rexhame Unit C03A Duxbury Beach Unit MA–13/MA–13P (1 of 2) and dated December 18, 2020. (8) The map entitled Duxbury Beach Unit MA–13/MA–13P (2 of 2) Plymouth Bay Unit C04 and dated December 18, 2020. (9) The map entitled Center Hill Complex C06 Scusset Beach Unit MA–38P Town Neck Unit MA–14P and dated December 18, 2020. (10) The map entitled Scorton Unit C08 Sandy Neck Unit C09/C09P (1 of 2) and dated December 18, 2020. (11) The map entitled Sandy Neck Unit C09/C09P (2 of 2) Chapin Beach Unit MA–15P and dated December 18, 2020. (12) The map entitled Nobscusset Unit MA–16 Freemans Pond Unit C10 and dated December 18, 2020. (13) The map entitled Provincetown Unit MA–19P (1 of 2) and dated December 18, 2020. (14) The map entitled Provincetown Unit MA–19P (2 of 2) Pamet Harbor Unit MA–18AP Ballston Beach Unit MA–18P and dated December 18, 2020. (15) The map entitled Griffin/Great Islands Complex MA–17P Lieutenant Island Unit MA–17AP and dated December 18, 2020. (16) The map entitled Namskaket Spits Unit C11/C11P Boat Meadow Unit C11A/C11AP Nauset Beach/Monomoy Unit MA–20P (1 of 3) and dated December 18, 2020. (17) The map entitled Nauset Beach/Monomoy Unit MA–20P (2 of 3) Harding Beach Unit MA–40P Chatham Roads Unit C12/C12P Red River Beach Unit MA–41P and dated December 18, 2020. (18) The map entitled Nauset Beach/Monomoy Unit MA–20P (3 of 3) and dated December 18, 2020. (19) The map entitled Davis Beach Unit MA–23P Lewis Bay Unit C13/C13P and dated December 18, 2020. (20) The map entitled Squaw Island Unit C14 Centerville Unit C15/C15P Dead Neck Unit C16 (1 of 2) and dated December 18, 2020. (21) The map entitled Dead Neck Unit C16 (2 of 2) Popponesset Spit Unit C17 Waquoit Bay Unit C18 Falmouth Ponds Unit C18A and dated December 18, 2020. (22) The map entitled Quissett Beach/Falmouth Beach Unit MA–42P Black Beach Unit C19, Little Sippewisset Marsh Unit C19P Chapoquoit Beach Unit MA–43/MA–43P Herring Brook Unit MA–30 and dated December 18, 2020. (23) The map entitled Squeteague Harbor Unit MA–31 Bassetts Island Unit MA–32 Phinneys Harbor Unit MA–33 Buzzards Bay Complex C19A (1 of 3) and dated December 18, 2020. (24) The map entitled Buzzards Bay Complex C19AP (2 of 3) Planting Island Unit MA–35 and dated December 18, 2020. (25) The map entitled Buzzards Bay Complex C19A (3 of 3) West Sconticut Neck Unit C31A/C31AP Little Bay Unit MA–47P Harbor View Unit C31B and dated December 18, 2020. (26) The map entitled Round Hill Unit MA–36, Mishaum Point Unit C32 Demarest Lloyd Park Unit MA–37P Little Beach Unit C33 (1 of 2) Round Hill Point Unit MA–45P, Teal Pond Unit MA–46 and dated December 18, 2020. (27) The map entitled Little Beach Unit C33 (2 of 2) Horseneck Beach Unit C34/C34P Richmond/Cockeast Ponds Unit C35 and dated December 18, 2020. (28) The map entitled Coatue Unit C20/C20P (1 of 2) Sesachacha Pond Unit C21 and dated December 18, 2020. (29) The map entitled Coatue Unit C20/C20P (2 of 2) Cisco Beach Unit C22P Esther Island Complex C23/23P (1 of 2) Tuckernuck Island Unit C24 (1 of 2) and dated December 18, 2020. (30) The map entitled Esther Island Complex C23 (2 of 2) Tuckernuck Island Unit C24 (2 of 2) Muskeget Island Unit C25 and dated December 18, 2020. (31) The map entitled Harthaven Unit MA–26, Edgartown Beach Unit MA–27P Trapps Pond Unit MA–27, Eel Pond Beach Unit C26 Cape Poge Unit C27, Norton Point Unit MA–28P South Beach Unit C28 (1 of 2) and dated December 18, 2020. (32) The map entitled South Beach Unit C28 (2 of 2) and dated December 18, 2020. (33) The map entitled Squibnocket Complex C29/C29P Nomans Land Unit MA–29P and dated December 18, 2020. (34) The map entitled James Pond Unit C29A Mink Meadows Unit C29B Naushon Island Complex MA–24 (1 of 2) and dated December 18, 2020. (35) The map entitled Naushon Island Complex MA–24 (2 of 2) Elizabeth Island Unit C31 (1 of 2) and dated December 18, 2020. (36) The map entitled Elizabeth Island Unit C31 (2 of 2) Penikese Island Unit MA–25P and dated December 18, 2020. (37) The map entitled Cedar Cove Unit C34A and dated December 18, 2020. (38) The map entitled Little Compton Ponds Unit D01 Tunipus Pond Unit D01P Brown Point Unit RI–01 and dated December 18, 2020. (39) The map entitled Fogland Marsh Unit D02/D02P, Sapowet Point Unit RI–02/RI–02P McCorrie Point Unit RI–02A Sandy Point Unit RI–03P Prudence Island Complex D02B/D02BP (1 of 3) and dated December 18, 2020. (40) The map entitled Prudence Island Complex D02B/D02BP (2 of 3) and dated December 18, 2020. (41) The map entitled Prudence Island Complex D02B/D02BP (3 of 3) and dated December 18, 2020. (42) The map entitled West Narragansett Bay Complex D02C and dated December 18, 2020. (43) The map entitled Fox Hill Marsh Unit RI–08/RI–08P Bonnet Shores Beach Unit RI–09 Narragansett Beach Unit RI–10/RI–10P and dated December 18, 2020. (44) The map entitled Seaweed Beach Unit RI–11P East Matunuck Beach Unit RI–12P Point Judith Unit RI–14P, Card Ponds Unit D03/D03P Green Hill Beach Unit D04 (1 of 2) and dated December 18, 2020. (45) The map entitled Green Hill Beach Unit D04 (2 of 2) East Beach Unit D05P Quonochontaug Beach Unit D06/D06P and dated December 18, 2020. (46) The map entitled Misquamicut Beach Unit RI–13P Maschaug Ponds Unit D07 Napatree Unit D08/D08P and dated December 18, 2020. (47) The map entitled Block Island Unit D09/D09P and dated December 18, 2020. (48) The map entitled Wilcox Beach Unit E01 Ram Island Unit E01A Mason Island Unit CT–01 and dated December 18, 2020. (49) The map entitled Bluff Point Unit CT–02 Goshen Cove Unit E02 and dated December 18, 2020. (50) The map entitled Jordan Cove Unit E03, Niantic Bay Unit E03A Old Black Point Unit CT–03, Hatchett Point Unit CT–04 Little Pond Unit CT–05, Mile Creek Unit CT–06 and dated December 18, 2020. (51) The map entitled Griswold Point Unit CT–07 Lynde Point Unit E03B Cold Spring Brook Unit CT–08 and dated December 18, 2020. (52) The map entitled Menunketesuck Island Unit E04 Hammonasset Point Unit E05 Toms Creek Unit CT–10 Seaview Beach Unit CT–11 and dated December 18, 2020. (53) The map entitled Lindsey Cove Unit CT–12 Kelsey Island Unit CT–13 Nathan Hale Park Unit CT–14P Morse Park Unit CT–15P and dated December 18, 2020. (54) The map entitled Milford Point Unit E07 Long Beach Unit CT–18P Fayerweather Island Unit E08AP and dated December 18, 2020. (55) The map entitled Norwalk Islands Unit E09/E09P and dated December 18, 2020. (56) The map entitled Jamaica Bay Unit NY–60P (1 of 2) and dated December 18, 2020. (57) The map entitled Jamaica Bay Unit NY–60P (2 of 2) and dated December 18, 2020. (58) The map entitled Sands Point Unit NY–03 Prospect Point Unit NY–04P Dosoris Pond Unit NY–05P and dated December 18, 2020. (59) The map entitled The Creek Beach Unit NY–06/NY–06P Centre Island Beach Unit NY–07P, Centre Island Unit NY–88 Lloyd Beach Unit NY–09P Lloyd Point Unit NY–10/NY–10P and dated December 18, 2020. (60) The map entitled Lloyd Harbor Unit NY–11/NY–11P, Eatons Neck Unit F02 Hobart Beach Unit NY–13, Deck Island Harbor Unit NY–89 Centerpoint Harbor Unit NY–12, Crab Meadow Unit NY–14 and dated December 18, 2020. (61) The map entitled Sunken Meadow Unit NY–15/NY–15P Stony Brook Harbor Unit NY–16 (1 of 2) and dated December 18, 2020. (62) The map entitled Stony Brook Harbor Unit NY–16/NY–16P (2 of 2) Crane Neck Unit F04P Old Field Beach Unit F05/F05P Cedar Beach Unit NY–17/NY–17P and dated December 18, 2020. (63) The map entitled Wading River Unit NY–18 Baiting Hollow Unit NY–19P and dated December 18, 2020. (64) The map entitled Luce Landing Unit NY–20P, Mattituck Inlet Unit NY–21P East Creek Unit NY–34P, Indian Island Unit NY–35P Flanders Bay Unit NY–36/NY–36P, Red Creek Pond Unit NY–37 Iron Point Unit NY–97P and dated December 18, 2020. (65) The map entitled Goldsmith Inlet Unit NY–22P, Pipes Cove Unit NY–26 (1 of 2) Southold Bay Unit NY–28, Cedar Beach Point Unit NY–29P (1 of 2) Hog Neck Bay Unit NY–30 Peconic Dunes Unit NY–90P and dated December 18, 2020. (66) The map entitled Little Creek Unit NY–31/NY–31P, Cutchogue Harbor Unit NY–31A Downs Creek Unit NY–32, Robins Island Unit NY–33 Squire Pond Unit NY–38, Cow Neck Unit NY–39 North Sea Harbor Unit NY–40/NY–40P, Cold Spring Pond Unit NY–92 and dated December 18, 2020. (67) The map entitled Truman Beach Unit NY–23/NY–23P Orient Beach Unit NY–25P Hay Beach Point Unit NY–47 and dated December 18, 2020. (68) The map entitled F06, NY–26 (2 of 2), NY–27, NY–29P (2 of 2), NY–41P NY–42, NY–43/NY–43P, NY–44, NY–45 NY–46, NY–48, NY–49, NY–50 NY–51P, NY–93, NY–94, NY–95P and dated December 18, 2020. (69) The map entitled Gardiners Island Barriers Unit F09 (1 of 2) Plum Island Unit NY–24 and dated December 18, 2020. (70) The map entitled Sammys Beach Unit F08A, Accabonac Harbor Unit F08B Gardiners Island Barriers Unit F09 (2 of 2) Napeague Unit F10P (1 of 2), Hog Creek Unit NY–52 Amagansett Unit NY–56/NY–56P, Bell Park Unit NY–96P and dated December 18, 2020. (71) The map entitled Fisher Island Barriers Unit F01 and dated December 18, 2020. (72) The map entitled Big Reed Pond Unit NY–53P Oyster Pond Unit NY–54P Montauk Point Unit NY–55P and dated December 18, 2020. (73) The map entitled Napeague Unit F10/F10P (2 of 2) and dated December 18, 2020. (74) The map entitled Mecox Unit F11 Georgica/Wainscott Ponds Unit NY–57 Sagaponack Pond Unit NY–58/NY–58P and dated December 18, 2020. (75) The map entitled Southampton Beach Unit F12 Tiana Beach Unit F13/F13P and dated December 18, 2020. (76) The map entitled Fire Island Unit NY–59P (1 of 6) and dated December 18, 2020. (77) The map entitled Fire Island Unit NY–59P (2 of 6) and dated December 18, 2020. (78) The map entitled Fire Island Unit NY–59P (3 of 6) and dated December 18, 2020. (79) The map entitled Fire Island Unit NY–59/NY–59P (4 of 6) and dated December 18, 2020. (80) The map entitled Fire Island Unit NY–59/NY–59P (5 of 6) and dated December 18, 2020. (81) The map entitled Fire Island Unit NY–59/NY–59P (6 of 6) and dated December 18, 2020. (82) The map entitled Sandy Hook Unit NJ–01P Monmouth Cove Unit NJ–17P and dated December 18, 2020. (83) The map entitled Navesink/Shrewsbury Complex NJ–04A/NJ–04AP and dated December 18, 2020. (84) The map entitled Metedeconk Neck Unit NJ–04B/NJ–04BP and dated December 18, 2020. (85) The map entitled Island Beach Unit NJ–05P (1 of 2) and dated December 18, 2020. (86) The map entitled Island Beach Unit NJ–05P (2 of 2) and dated December 18, 2020. (87) The map entitled Cedar Bonnet Island Unit NJ–06/NJ–06P and dated December 18, 2020. (88) The map entitled Brigantine Unit NJ–07P (1 of 4) and dated December 18, 2020. (89) The map entitled Brigantine Unit NJ–07P (2 of 4) and dated December 18, 2020. (90) The map entitled Brigantine Unit NJ–07P (3 of 4) and dated December 18, 2020. (91) The map entitled Brigantine Unit NJ–07P (4 of 4) and dated December 18, 2020. (92) The map entitled Corson's Inlet Unit NJ–08P and dated December 18, 2020. (93) The map entitled Stone Harbor Unit NJ–09/NJ–09P and dated December 18, 2020. (94) The map entitled Two Mile Beach Unit NJ–20P Cape May Unit NJ–10P Higbee Beach Unit NJ–11P and dated December 18, 2020. (95) The map entitled Sunray Beach Unit NJ–21P Del Haven Unit NJ–12/NJ–12P Kimbles Beach Unit NJ–13 Moores Beach Unit NJ–14/NJ–14P (1 of 3) and dated December 18, 2020. (96) The map entitled Moores Beach Unit NJ–14/NJ–14P (2 of 3) and dated December 18, 2020. (97) The map entitled Moores Beach Unit NJ–14/NJ–14P (3 of 3) and dated December 18, 2020. (98) The map entitled Little Creek Unit DE–01/DE–01P (1 of 2) Broadkill Beach Unit H00/H00P (1 of 4) and dated December 18, 2020. (99) The map entitled Broadkill Beach Unit H00/H00P (2 of 4) and dated December 18, 2020. (100) The map entitled Broadkill Beach Unit H00/H00P (3 of 4) and dated December 18, 2020. (101) The map entitled Broadkill Beach Unit H00/H00P (4 of 4) Beach Plum Island Unit DE–02P and dated December 18, 2020. (102) The map entitled Cape Henlopen Unit DE–03P Silver Lake Unit DE–06 and dated December 18, 2020. (103) The map entitled Fenwick Island Unit DE–08P and dated December 18, 2020. (104) The map entitled Bombay Hook Unit DE–11P (2 of 2) Little Creek Unit DE–01P (2 of 2) and dated December 18, 2020. (105) The map entitled Assateague Island Unit MD–01P (1 of 3) and dated December 18, 2020. (106) The map entitled Assateague Island Unit MD–01P (2 of 3) and dated December 18, 2020. (107) The map entitled Assateague Island Unit MD–01P (3 of 3) and dated December 18, 2020. (108) The map entitled Fair Island Unit MD–02 Sound Shore Unit MD–03/MD–03P and dated December 18, 2020. (109) The map entitled Cedar/Janes Islands Unit MD–04P (1 of 2) Joes Cove Unit MD–06 (1 of 2) and dated December 18, 2020. (110) The map entitled Cedar/Janes Islands Unit MD–04P (2 of 2) Joes Cove Unit MD–06 (2 of 2) Scott Point Unit MD–07P, Hazard Island Unit MD–08P St. Pierre Point Unit MD–09P and dated December 18, 2020. (111) The map entitled Little Deal Island Unit MD–11 Deal Island Unit MD–12 Franks Island Unit MD–14/MD–14P Long Point Unit MD–15 and dated December 18, 2020. (112) The map entitled Stump Point Unit MD–16 and dated December 18, 2020. (113) The map entitled Martin Unit MD–17P and dated December 18, 2020. (114) The map entitled Marsh Island Unit MD–18P Holland Island Unit MD–19 and dated December 18, 2020. (115) The map entitled Jenny Island Unit MD–20 Lower Hooper Island Unit MD–58 and dated December 18, 2020. (116) The map entitled Barren Island Unit MD–21P Meekins Neck Unit MD–59 and dated December 18, 2020. (117) The map entitled Hooper Point Unit MD–22 Covey Creek Unit MD–24 and dated December 18, 2020. (118) The map entitled Boone Creek Unit MD–26 Benoni Point Unit MD–27 Chlora Point Unit MD–60 and dated December 18, 2020. (119) The map entitled Lowes Point Unit MD–28 Rich Neck Unit MD–29 Kent Point Unit MD–30 and dated December 18, 2020. (120) The map entitled Stevensville Unit MD–32 Wesley Church Unit MD–33 Eastern Neck Island Unit MD–34P Wilson Point Unit MD–35 and dated December 18, 2020. (121) The map entitled Tanner Creek Unit MD–47 Point Lookout Unit MD–48P Potter Creek Unit MD–63 Bisco Creek Unit MD–49 and dated December 18, 2020. (122) The map entitled Biscoe Pond Unit MD–61P, Carroll Pond Unit MD–62 St. Clarence Creek Unit MD–44 Deep Point Unit MD–45, Point Look–In Unit MD–46 Chicken Cock Creek Unit MD–50 and dated December 18, 2020. (123) The map entitled Drum Point Unit MD–39 Lewis Creek Unit MD–40 Green Holly Pond Unit MD–41 and dated December 18, 2020. (124) The map entitled Flag Ponds Unit MD–37P Cove Point Marsh Unit MD–38/MD–38P and dated December 18, 2020. (125) The map entitled Cherryfield Unit MD–64, Piney Point Creek Unit MD–51 McKay Cove Unit MD–52, Blake Creek Unit MD–53 Belvedere Creek Unit MD–54 and dated December 18, 2020. (126) The map entitled St. Clements Island Unit MD–55P St. Catherine Island Unit MD–56 and dated December 18, 2020. (127) The map entitled Assateague Island Unit VA–01P (1 of 4) and dated December 18, 2020. (128) The map entitled Assateague Island Unit VA–01P (2 of 4) and dated December 18, 2020. (129) The map entitled Assateague Island Unit VA–01P (3 of 4) and dated December 18, 2020. (130) The map entitled Assateague Island Unit VA–01P (4 of 4) Assawoman Island Unit VA–02P (1 of 3) and dated December 18, 2020. (131) The map entitled Assawoman Island Unit VA–02P (2 of 3) and dated December 18, 2020. (132) The map entitled Assawoman Island Unit VA–02P (3 of 3) Metompkin Island Unit VA–03P Cedar Island Unit K03 (1 of 3) and dated December 18, 2020. (133) The map entitled Cedar Island Unit K03 (2 of 3) Parramore/Hog/Cobb Islands Unit VA–04P (1 of 5) and dated December 18, 2020. (134) The map entitled Cedar Island Unit K03 (3 of 3) Parramore/Hog/Cobb Islands Unit VA–04P (2 of 5) and dated December 18, 2020. (135) The map entitled Parramore/Hog/Cobb Islands Unit VA–04P (3 of 5) and dated December 18, 2020. (136) The map entitled Parramore/Hog/Cobb Islands Unit VA–04P (4 of 5) and dated December 18, 2020. (137) The map entitled Parramore/Hog/Cobb Islands Unit VA–04P (5 of 5) Little Cobb Island Unit K04 Wreck Island Unit VA–05P (1 of 4) and dated December 18, 2020. (138) The map entitled Wreck Island Unit VA–05P (2 of 4) and dated December 18, 2020. (139) The map entitled Wreck Island Unit VA–05P (3 of 4) Smith Island Unit VA–06P (1 of 3) and dated December 18, 2020. (140) The map entitled Wreck Island Unit VA–05P (4 of 4) Smith Island Unit VA–06P (2 of 3) Fishermans Island Unit K05/K05P (1 of 2) and dated December 18, 2020. (141) The map entitled Smith Island Unit VA–06P (3 of 3) Fishermans Island Unit K05/K05P (2 of 2) and dated December 18, 2020. (142) The map entitled Elliotts Creek Unit VA–09 Old Plantation Creek Unit VA–10 Wescoat Point Unit VA–11 and dated December 18, 2020. (143) The map entitled Great Neck Unit VA–12 Westerhouse Creek Unit VA–13 Shooting Point Unit VA–14 and dated December 18, 2020. (144) The map entitled Scarborough Neck Unit VA–16/VA–16P Craddock Neck Unit VA–17/VA–17P (1 of 2) and dated December 18, 2020. (145) The map entitled Craddock Neck Unit VA–17 (2 of 2) Hacks Neck Unit VA–18 Parkers/Finneys Islands Unit VA–19 Parkers Marsh Unit VA–20/VA–20P (1 of 3) and dated December 18, 2020. (146) The map entitled Parkers Marsh Unit VA–20 (2 of 3) Beach Island Unit VA–21 (1 of 2) Russell Island Unit VA–22/VA–22P Simpson Bend Unit VA–23 and dated December 18, 2020. (147) The map entitled Parkers Marsh Unit VA–20/VA–20P (3 of 3) Beach Island Unit VA–21 (2 of 2) Watts Island Unit VA–27 and dated December 18, 2020. (148) The map entitled Drum Bay Unit VA–24 and dated December 18, 2020. (149) The map entitled Fox Islands Unit VA–25 and dated December 18, 2020. (150) The map entitled Cheeseman Island Unit VA–26 and dated December 18, 2020. (151) The map entitled Tangier Island Unit VA–28/VA–28P and dated December 18, 2020. (152) The map entitled Elbow Point Unit VA–29 White Point Unit VA–30 Cabin Point Unit VA–31 Glebe Point Unit VA–32 and dated December 18, 2020. (153) The map entitled Sandy Point Unit VA–33 Judith Sound Unit VA–34 and dated December 18, 2020. (154) The map entitled Cod Creek Unit VA–35 Presley Creek Unit VA–36 Cordreys Beach Unit VA–37 Marshalls Beach Unit VA–38 and dated December 18, 2020. (155) The map entitled Ginny Beach Unit VA–39P, Gaskin Pond Unit VA–40 Owens Pond Unit VA–41, Chesapeake Beach Unit VA–42 Fleet Point Unit VA–43 Bussel Point Unit VA–44 and dated December 18, 2020. (156) The map entitled Harveys Creek Unit VA–45, Dameron Marsh Unit VA–63P Ingram Cove Unit VA–46 Bluff Point Neck Unit VA–47/VA–47P Barnes Creek Unit VA–48 and dated December 18, 2020. (157) The map entitled Little Bay Unit VA–64, North Point Unit VA–49 White Marsh Unit VA–65P, Windmill Point Unit VA–50 Deep Hole Point Unit VA–51, Sturgeon Creek Unit VA–52 Jackson Creek Unit VA–53 and dated December 18, 2020. (158) The map entitled Rigby Island/Bethal Beach Unit VA–55/VA–55P (1 of 2) and dated December 18, 2020. (159) The map entitled Rigby Island/Bethal Beach Unit VA–55 (2 of 2) New Point Comfort Unit VA–56 and dated December 18, 2020. (160) The map entitled Lone Point Unit VA–66 Oldhouse Creek Unit VA–67 Ware Neck Unit VA–57 Severn River Unit VA–58 (1 of 2) and dated December 18, 2020. (161) The map entitled Severn River Unit VA–58 (2 of 2) Bay Tree Beach Unit VA–68/VA–68P Plum Tree Island Unit VA–59P (1 of 2) and dated December 18, 2020. (162) The map entitled Plum Tree Island Unit VA–59P (2 of 2) Long Creek Unit VA–60/VA–60P and dated December 18, 2020. (163) The map entitled Cape Henry Unit VA–61P and dated December 18, 2020. (164) The map entitled Back Bay Unit VA–62P (1 of 2) and dated December 18, 2020. (165) The map entitled Back Bay Unit VA–62P (2 of 2) and dated December 18, 2020. (166) The map entitled Onslow Beach Complex L05 (2 of 2) Topsail Unit L06 (1 of 2) and dated April 30, 2021. (167) The map entitled Morris Island Unit M06/M06P and dated April 29, 2021. (168) The map entitled Hunting Island Unit SC–09P (1 of 2) Harbor Island Unit M11 (1 of 2) St. Phillips Island Unit M12/M12P (1 of 3) and dated April 29, 2021. (169) The map entitled Hunting Island Unit SC–09P (2 of 2) Harbor Island Unit M11 (2 of 2) St. Phillips Island Unit M12/M12P (2 of 3) and dated April 29, 2021. (170) The map entitled St. Phillips Island Unit M12 (3 of 3) and dated April 29, 2021. (171) The map entitled Grayton Beach Unit FL–95P Draper Lake Unit FL–96 and dated April 30, 2021. (172) The map entitled Moreno Point Unit P32/P32P and dated April 29, 2021. (173) The map entitled Isle au Pitre Unit LA–01 and dated March 18, 2016. (174) The map entitled Half Moon Island Unit LA–02 and dated March 18, 2016. (175) The map entitled Timbalier Bay Unit S04 Timbalier Islands Unit S05 (1 of 3) and dated March 18, 2016. (176) The map entitled Timbalier Islands Unit S05 (2 of 3) and dated March 18, 2016. (177) The map entitled Timbalier Islands Unit S05 (3 of 3) and dated March 18, 2016. (178) The map entitled Isles Dernieres Unit S06 (1 of 3) and dated March 18, 2016. (179) The map entitled Isles Dernieres Unit S06 (2 of 3) and dated March 18, 2016. (180) The map entitled Isles Dernieres Unit S06 (3 of 3) and dated March 18, 2016. (181) The map entitled Point au Fer Unit S07 (1 of 4) and dated March 18, 2016. (182) The map entitled Point au Fer Unit S07 (2 of 4) and dated March 18, 2016. (183) The map entitled Point au Fer Unit S07 (3 of 4) and dated March 18, 2016. (184) The map entitled Point au Fer Unit S07 (4 of 4) and dated March 18, 2016. (c) New maps described The new maps referred to in subsection (a)(2) are the following: (1) The map entitled Odiorne Point Unit NH–01P and dated December 18, 2020. (2) The map entitled Guilford Harbor Unit CT–19P and dated December 18, 2020. (3) The map entitled Silver Sands Unit CT–21P and dated December 18, 2020. (4) The map entitled Calf Islands Unit CT–20P and dated December 18, 2020. (5) The map entitled Malibu Beach Unit NJ–19P and dated December 18, 2020. (6) The map entitled Egg Island Unit NJ–22P (1 of 2) and dated December 18, 2020. (7) The map entitled Egg Island Unit NJ–22P (2 of 2) Dix Unit NJ–23P (1 of 3) and dated December 18, 2020. (8) The map entitled Dix Unit NJ–23P (2 of 3) and dated December 18, 2020. (9) The map entitled Dix Unit NJ–23P (3 of 3) Greenwich Unit NJ–24P and dated December 18, 2020. (10) The map entitled Woodland Beach Unit DE–09P Fraland Beach Unit DE–10 Bombay Hook Unit DE–11P (1 of 2) and dated December 18, 2020. (11) The map entitled Swan Point Unit MD–65 Lower Cedar Point Unit MD–66 and dated December 18, 2020. (d) Availability The Secretary of the Interior shall keep the maps described in subsections (b) and (c) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ). | https://www.govinfo.gov/content/pkg/BILLS-117s5185is/xml/BILLS-117s5185is.xml |
117-s-5186 | II 117th CONGRESS 2d Session S. 5186 IN THE SENATE OF THE UNITED STATES December 5, 2022 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To ensure progress toward the fulfillment by the Federal Government of its trust and treaty obligations to Native Americans and Tribal governments, to ensure funding for programs for Native Americans and Tribal governments, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Honoring Promises to Native Nations Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Findings. Sec. 4. Sense of Congress. Sec. 5. Definitions. Sec. 6. Advance appropriations. Sec. 7. Sequestration exemption. Sec. 8. Office of Management and Budget Office of Native Nations. Sec. 9. GAO audit of crosscutting information. Sec. 10. White House Council for Native Nations. Sec. 11. Deputy Secretary for Native Nations in the Department of the Interior. Sec. 12. Tribal consultation by Federal agencies. Sec. 13. Interagency working group on data collection. TITLE I—Criminal justice and public safety Sec. 101. Findings. Sec. 102. Sense of Congress. Sec. 103. Full Tribal criminal jurisdiction. Sec. 104. Bureau of Prisons tribal prisoner program. Sec. 105. Tribal justice systems. Sec. 106. Grants to Indian tribes under public safety and community policing grant program. Sec. 107. Bureau of Indian Affairs law enforcement and detention. Sec. 108. Written consent of an Indian tribe prior to an execution of a tribal member by the United States. Sec. 109. Indian victims of crime. Sec. 110. Victim advocates for Native Americans. Sec. 111. Special Tribal criminal jurisdiction. Sec. 112. National Indian Country Clearinghouse on Sexual Assault. Sec. 113. Tribal access program. Sec. 114. Tiwahe Initiative. Sec. 115. Reviews on Native Hawaiian interactions with law enforcement. TITLE II—Health care Sec. 201. Findings. Sec. 202. Sense of Congress. Sec. 203. Mandatory funding for Indian Health Service. Sec. 204. Sanitation facilities construction program. Sec. 205. Special diabetes programs for Indians. Sec. 206. Special diabetes program for Native Hawaiians. Sec. 207. Permanent extension of full Federal medical assistance percentage to urban Indian organizations. Sec. 208. Qualified Indian provider services. Sec. 209. Remove limitation on payment for services furnished by Indian Health Care Providers outside a clinic facility. Sec. 210. Native Hawaiian health care. Sec. 211. Funding for tribal epidemiology centers. Sec. 212. State option to provide medical assistance for residential addiction treatment facility services. Sec. 213. Conferring with urban Indian organizations. Sec. 214. Medicaid work requirement exemption. Sec. 215. Medicaid program policies for members of Indian tribes. TITLE III—Education Sec. 301. Findings. Sec. 302. Sense of Congress. Sec. 303. Mandatory funding for Tribal Colleges and Universities. Sec. 304. Expanding instruction and outreach by Tribal Colleges and Universities and other amendments. Sec. 305. Endowment funds of Tribal Colleges and Universities. Sec. 306. Full funding for operation of Bureau-funded schools. Sec. 307. Bureau of Indian Education school construction, modernization, and repair. Sec. 308. Tribal College and University construction, modernization, and repair. Sec. 309. Support for Native students and educators in Native-serving schools. Sec. 310. Johnson-O’Malley funding. Sec. 311. Native languages. Sec. 312. Culturally inclusive education. Sec. 313. Alaska Native education programs. Sec. 314. Every Student Succeeds Act implementation. Sec. 315. Funding for local Tribal educational agencies and Tribal education offices. Sec. 316. Graduate opportunities at Tribal Colleges and Universities. TITLE IV—Housing Sec. 401. Findings. Sec. 402. Sense of Congress. Sec. 403. Indian housing block grant program. Sec. 404. Native Hawaiian housing block grant program. Sec. 405. Set-aside of USDA rural housing funding for Indian tribes. Sec. 406. Restoring authority of Indian tribes and tribally designated housing entities in certain housing programs. Sec. 407. Indian community development block grants. Sec. 408. Loan guarantees for Indian housing. Sec. 409. Loan guarantees for Native Hawaiian housing. Sec. 410. Direct housing loans for Native American veterans program. Sec. 411. Tribal HUD–VASH program. Sec. 412. Housing improvement program, Bureau of Indian Affairs. Sec. 413. Tribal uninhabitable housing improvement program. Sec. 414. Coordinated Environmental Review Process Workgroup. TITLE V—Economic development Sec. 501. Findings. Sec. 502. Sense of Congress. Subtitle A—Economic development, infrastructure, and investments Sec. 511. Tribal transportation program. Sec. 512. Tribal high priority projects program. Sec. 513. Bureau of Indian Affairs road maintenance program. Sec. 514. Tribal transit program. Sec. 515. Tribal transportation technical assistance program. Sec. 516. Rural development tribal technical assistance program. Sec. 517. Native American community development financial institutions assistance program. Sec. 518. Tribal revolving funds. Sec. 519. Tribal water pollution control. Sec. 520. Rural utilities service water and waste disposal program. Sec. 521. Funding for Claims Resolution Act of 2010. Subtitle B—Spectrum sovereignty and broadband deployment on Tribal lands Sec. 531. Tribal Broadband Fund. Sec. 532. Office of Native Affairs and Policy, Federal Communications Commission. Sec. 533. Immediate deployment of broadband service on Tribal lands. Sec. 534. FCC Tribal spectrum market. Sec. 535. E-rate. Sec. 536. ReConnect Program. Sec. 537. USDA Office of Tribal Relations. Sec. 538. Annual reporting requirements. Sec. 539. Definitions. 2. Purposes The purposes of this Act are— (1) to acknowledge the chronic failure of the Federal Government— (A) to fulfill its trust responsibilities to American Indians, Alaska Natives, and Indian tribes; and (B) to respect its special political and legal relationship with Native Hawaiians; (2) to acknowledge the treaty obligations of the Federal Government to American Indians, Alaska Natives, and Indian tribes, which have never been fulfilled; (3) to ensure progress toward the fulfillment of trust and treaty obligations of the Federal Government; (4) to ensure progress toward adequate funding for programs for American Indians, Alaska Natives, Native Hawaiians, and Indian tribes; (5) to reaffirm and uphold Tribal sovereignty and self-governance; and (6) to acknowledge the broken promises of the Federal Government to Indian tribes and Native Hawaiians, as embodied by— (A) the failure to uphold treaty obligations; (B) the failure to fund programs that should have been fully funded in exchange for the loss of life and indigenous homelands; (C) the ceded land and stolen natural resources from Tribal lands; and (D) the acts taken to extinguish Native American culture and the traditions of American Indians, Alaska Natives, and Native Hawaiians. 3. Findings Congress finds that— (1) in December 2018, the United States Commission on Civil Rights issued a report entitled Broken Promises: Continuing Federal Funding Shortfall for Native Americans , which made a number of important findings, which are related to the findings described in paragraphs (2) through (8); (2) the unique government-to-government relationship between the Federal Government and Indian tribes, and the trust responsibility and obligations of the Federal Government to American Indians, Alaska Natives, and Indian tribes, are— (A) enumerated in the United States Constitution, Acts of Congress, Executive orders, Supreme Court precedent, and Federal policies and regulations; and (B) as applicable, established in Indian treaties signed by the United States; (3) Congress has also passed more than 150 laws that promote the welfare of Native Hawaiians and affirm a special political and legal relationship with Native Hawaiians arising out of their status as Indigenous, Native people; (4) Federal programs designed to support the social and economic well-being of American Indians, Alaska Natives, Native Hawaiians, and Indian tribes remain chronically underfunded and sometimes inefficiently structured, which— (A) leaves many basic obligations of the Federal Government in rural and urban areas with large populations of Native Americans unmet; and (B) contributes to the inequities observed in Native American communities; (5) woefully inadequate Federal funding for Native American programs often comes with restrictions that hamper access to funds, including indirect allocations of Federal funding to State governments to be provided to Tribal governments and Native American communities at the State’s discretion, which further diminishes the direct government-to-government relationship between the Federal Government and Indian tribes and other funding mechanisms for Native American communities; (6) Congress often provides funding for Native American programs in a manner that makes efficient long-term planning and budgeting impossible or exceedingly difficult for Tribal governments, tribal organizations, urban Indian organizations, and Native American communities; (7) the Federal Government continues to fail to keep accurate, consistent, and comprehensive records of Federal spending for Native American programs, either for a given fiscal year or for longer time periods, making monitoring of Federal spending to meet the trust responsibility and obligations of the Federal Government difficult; and (8) (A) the Federal Government continues to insufficiently track Native American populations and use outdated or incomplete data points, contributing to the lack of adequate funding provided for necessary resources; (B) there is a critical need for more accurate and current data collection for American Indians, Alaska Natives, and Native Hawaiians, including disaggregated data on those populations; and (C) inaccurate and undercounted data can negatively impact Federal funds and services received by American Indian, Alaska Native, and Native Hawaiian communities. 4. Sense of Congress It is the sense of Congress that— (1) Indian tribes are distinct sovereigns that have a government-to-government relationship with the Federal Government; (2) (A) the Federal Government has trust and treaty obligations to Indian tribes that are established in treaties signed by the United States and enumerated in the Constitution of the United States, Acts of Congress, Executive orders, Supreme Court precedent, and Federal policies and regulations; and (B) those treaties, like all treaties made under the authority of the United States, are the supreme law of the land, as recognized in article VI of the Constitution of the United States; (3) (A) the Federal Government has historically failed to carry out its promises and trust and treaty obligations to American Indians, Alaska Natives, Indian tribes, and, as applicable, Native Hawaiians; and (B) those failures— (i) are ongoing, as the Federal Government continually fails to adequately support the social and economic well-being of American Indians, Alaska Natives, Native Hawaiians, and Indian tribes; and (ii) have created a civil rights crisis; (4) the historical failures of the Federal Government described in paragraph (3) include— (A) federally mandated depopulation of Native Americans, including— (i) numerous massacres carried out by the United States; and (ii) the forced relocation efforts and genocide practices carried out by the United States; (B) successive oppressive government policies, such as the allotment and assimilation, termination, and relocation eras; (C) suppression, assimilation, and cultural annihilation practices carried out against the United States Indigenous peoples; and (D) an ongoing failure to acknowledge that the lands that make up the United States are indigenous lands; (5) the Federal Government must do far more to live up to its trust and treaty obligations to American Indians and Alaska Natives and Indian tribes, for just as the United States expects all nations to live up to their own treaty obligations, the United States should live up to its own promises; (6) the Federal Government can empower American Indians, Alaska Natives, and Native Hawaiians to realize enormous potential by honoring its promises and obligations through the enactment of legislation; and (7) American Indians, Alaska Natives, and Native Hawaiians have long demonstrated remarkable strength, resilience, and revitalization despite the broken promises of the Federal Government and failure to acknowledge their contributions to the United States. 5. Definitions In this Act: (1) Hawaiian home lands The term Hawaiian home lands means land held in trust for Native Hawaiians by the State of Hawaii pursuant to the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42). (2) Indian country The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. (3) Indian tribe The term Indian tribe means the governing body of any individually identified and federally recognized Indian or Alaska Native tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation included on the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131(a) ). (4) Native Hawaiian organization (A) In general The term Native Hawaiian organization means any private nonprofit entity— (i) that serves the best interests of Native Hawaiians; (ii) in which Native Hawaiians serve in substantive and policymaking positions; (iii) that has as a primary and stated purpose the provision of services to Native Hawaiians; and (iv) that has expertise in Native Hawaiian affairs. (B) Inclusions The term Native Hawaiian organization includes— (i) the Native Hawaiian Health Care System; and (ii) the Office of Hawaiian Affairs. (5) Tribal lands (A) In general The term Tribal lands has the meaning given the term in section 73.7000 of title 47, Code of Federal Regulations (as in effect on the date of enactment of this Act). (B) Inclusions The term Tribal lands includes— (i) Indian country; (ii) fee simple and restricted fee land held by an Indian tribe; and (iii) Hawaiian home lands. (6) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Urban Indian organization The term urban Indian organization has the meaning given the term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). 6. Advance appropriations (a) Advance appropriations (1) Definitions In this subsection: (A) Applicable Secretary The term applicable Secretary means— (i) with respect to actions involving the covered accounts described in subparagraph (B)(i), the Secretary of the Interior; and (ii) with respect to actions involving the covered accounts described in subparagraph (B)(ii), the Secretary of Health and Human Services. (B) Covered account The term covered account means the following: (i) The following accounts of the Department of the Interior: (I) Operation of Indian Programs. (II) Operation of Indian Education Programs. (III) Contract Support Costs. (IV) Payments for Tribal Leases. (V) Bureau of Indian Affairs Construction. (VI) Bureau of Indian Education Construction. (VII) Indian Guaranteed Loan Program Account. (ii) The Indian Health Service account of the Department of Health and Human Services. (iii) The Native Hawaiian Health Care account of the Primary Health Care account of the Health Resources and Services Administration of the Department of Health and Human Services that provides annual appropriations to the Native Hawaiian Health care program. (C) Unfunded fiscal year The term unfunded fiscal year , with respect to a covered account, means a fiscal year for which amounts are not made available under this Act for the covered account. (2) Advance appropriations For the first unfunded fiscal year with respect to a covered account, and each fiscal year thereafter, new budget authority provided in an appropriation Act for the covered account shall— (A) be made available for that fiscal year; and (B) include, for the covered account, advance new budget authority that first becomes available for the first fiscal year after the fiscal year described in subparagraph (A). (3) Estimates required If the fiscal year for which the budget of the President is submitted pursuant to section 1105 of title 31, United States Code, is an unfunded fiscal year with respect to a covered account, the applicable Secretary shall include in documents submitted to Congress in support of the budget detailed estimates of the funds necessary for the covered account for the fiscal year following the fiscal year for which the budget is submitted. (b) Information on appropriations estimates Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: (40) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for each covered account for which the fiscal year for which the budget is submitted is an unfunded fiscal year, as such terms are defined in section 6(a) of the Honoring Promises to Native Nations Act . . 7. Sequestration exemption (a) In general Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905 ) is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: (k) Indian Health Service and other Indian programs and accounts The following programs and accounts shall be exempt from reduction under any order issued under this part: United States Department of the Interior, Indian Affairs. United States Department of Health and Human Services, Indian Health Service. Native Hawaiian Health Care Program. Native Hawaiian Education Program. Alaska Native Education Program. Indian Education Program. All programs under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ). Any account for which amounts were made available under the Honoring Promises to Native Nations Act . Any account designated as significant to Indian Tribes and Native Hawaiian organizations by the Administrator of the Office of Native Nations in the Office of Management and Budget under section 8 of the Honoring Promises to Native Nations Act . . (b) Technical and conforming amendment Section 256(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 906(e) ) is amended— (1) in the subsection heading, by striking Indian Health Services and Facilities, ; and (2) in paragraph (2)— (A) by striking subparagraphs (C) and (D); and (B) by redesignating subparagraph (E) as subparagraph (C). 8. Office of Management and Budget Office of Native Nations (a) Establishment There is established in the Office of Management and Budget the Office of Native Nations. (b) Administrator (1) In general The Office of Native Nations shall be headed by an Administrator, who shall be known as the Administrator of Native Nations (referred to in this section as the Administrator ). (2) Career position The position of Administrator shall be a career position in the Office of the Director of Management and Budget. (3) Administrative and support services The Director of the Office of Management and Budget shall provide the Administrator with such administrative and support services as are necessary to ensure that the Administrator carries out the duties of the Administrator under this section in an efficient and expeditious manner. (c) Duties The Director of the Office of Management and Budget shall delegate to the Administrator responsibility for— (1) coordinating with the rest of the Office of Management and Budget and the rest of the Executive branch on matters of funding for Federal programs and policy affecting American Indians, Alaska Natives, and Native Hawaiians; (2) compiling authoritative data on all Federal funding for Federal programs affecting American Indians, Alaska Natives, and Native Hawaiians; (3) ensuring that the budget requests of the Indian Health Service and the Bureau of Indian Affairs indicate— (A) how much Federal funding is needed for Federal programs affecting American Indians, Alaska Natives, and Native Hawaiians to be fully funded, including how much funding is needed to perform Federal or non-divisible duties; and (B) how far the Federal Government is from achieving that full funding; (4) ensuring that personnel from the Office of Native Nations accompany Office of Management and Budget examiners to meetings with Federal agencies during the budget development process; (5) issuing to Federal agencies budget development guidance that would fully fund Federal programs affecting American Indians, Alaska Natives, and Native Hawaiians; and (6) carrying out the additional responsibilities described in subsections (d) through (g). (d) Annual crosscutting document (1) In general Each fiscal year, the Administrator shall prepare a crosscutting document containing detailed information, based on data from all Federal agencies, on the amount of Federal funding that is reaching Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations, which data shall be provided by the Federal agencies at the most granular level practicable. (2) Requirements The document prepared under paragraph (1) shall— (A) be provided at the most granular level practicable, including with respect to the allocation of Federal funds that are set aside for Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations; (B) indicate how funding is obligated, such as by grant or by formula; (C) indicate any determinative factors that are used to award an Indian tribe, tribal organization, or urban Indian organization competitive grant funding in cases in which multiple Indian tribes, tribal organizations, and urban Indian organizations are competing for the same pool of funds; (D) indicate the amount of Federal funds that are allocated to State governments to subsequently provide— (i) Federal funding to Indian tribes, tribal organizations, Native Hawaiian organizations, or urban Indian organizations, including whether the provision of the Federal funding by each State is mandatory or discretionary; and (ii) services for the benefit of Indian tribes, tribal organizations, Native Hawaiian organizations, or urban Indian organizations; and (E) specify— (i) whether Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations are competing against States or units of local government for competitive grant funding; (ii) how much pass-through funding is allocated to Indian tribes; (iii) how much pass-through funding is successfully transferred to Indian tribes after Federal funds are allocated to Indian tribes; and (iv) (I) whether the grant funding received by Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations is allocated from the same pool of funds from which States and units of local government receive grant funding; and (II) if so, what percentage of the pool of the allocated funds were disbursed to the Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations. (3) Annual improvement process In accordance with the Tribal consultation policy developed pursuant to subsection (f), the Administrator shall consult with Indian tribes, collaborate with Native Hawaiian organizations, and confer with urban Indian organizations not less frequently than annually to ascertain how the document prepared under paragraph (1) can be modified to make the document more useful to Indian tribes, Native Hawaiian organizations, and urban Indian organizations. (4) Public availability The document prepared under paragraph (1) shall be made publicly available. (e) Addition to OMB Analytical Perspectives volume of budget The Administrator shall ensure that the Analytical Perspectives volume prepared by the Office of Management and Budget for the budget of the President each fiscal year includes provisions on the subject of aid to Tribal governments, which shall include the information contained in the annual crosscutting document required under subsection (d) for that fiscal year. (f) OMB Tribal consultation policy (1) In general The Administrator, in consultation with Indian tribes and in collaboration with Native Hawaiian organizations, shall develop a Tribal consultation policy applicable to the Office of Management and Budget that governs— (A) the interactions of the Office of Management and Budget with Indian tribes and Native Hawaiian organizations; and (B) the work of the Office of Management and Budget that has an impact on Indian tribes and Native Hawaiian organizations. (2) Approval (A) In general The Tribal consultation policy developed under paragraph (1) shall take effect only on the approval of the Director of the Office of Management and Budget. (B) Deadline Not later than 30 days after receipt of the Tribal consultation policy developed under paragraph (1), the Director of the Office of Management and Budget shall approve or disapprove the Tribal consultation policy. (g) Report Not later than 1 year after the date of enactment of this Act, the Administrator shall publish a report— (1) detailing what percentage of Federal funding for programs affecting American Indians, Alaska Natives, and Native Hawaiians is provided to States for pass-through funding to Indian tribes; and (2) presenting options for Congress and the Executive branch to ensure that funds received by States and local entities for the benefit of American Indians, Alaska Natives, and Native Hawaiians are used for the intended purpose of the funds, including options— (A) to eliminate or reduce the prevalence of State pass-through funding; and (B) instead to provide direct funding to Indian tribes and Native Hawaiian organizations. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2023 and each fiscal year thereafter. 9. GAO audit of crosscutting information (a) In general Not later than 1 year after the date on which the Administrator of Native Nations issues the first crosscutting document under section 8(d), and not less frequently than once every 3 years thereafter, the Comptroller General of the United States, in consultation with Indian tribes, in collaboration with Native Hawaiian organizations, and in conference with urban Indian organizations, shall conduct, and submit to Congress a report describing the results of, an audit of the extent to which the processes designed and implemented by the Administrator of Native Nations accurately produce the information contained in the crosscutting document. (b) Inclusions Each audit conducted under subsection (a) shall review all Federal funding that is reaching, or is intended for the benefit of, Indian tribes, tribal organizations, urban Indian organizations, and Native Hawaiian organizations. 10. White House Council for Native Nations (a) In general The provisions of Executive Order 13647 (78 Fed. Reg. 39539 (July 1, 2013)) (as in effect on June 26, 2013) are enacted into law. (b) Publication In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the Executive order referred to in subsection (a) (as in effect on June 26, 2013). (c) Membership (1) In general The White House Council on Native American Affairs (as established pursuant to subsection (a)) (referred to in this section as the Council ) shall be known as the White House Council for Native Nations and shall be composed of the following members: (A) 2 members shall be appointed by the President from among elected Tribal leaders from each of the 12 regions of the Bureau of Indian Affairs. (B) 2 members shall be appointed by the President from among persons who are representatives of Native Hawaiian organizations. (C) 1 member shall be appointed by the President pro tempore of the Senate, on the recommendation of the Majority and Minority Leaders of the Senate, from among Members of the Committee on Indian Affairs of the Senate, which appointment shall be made, as applicable— (i) for the first appointment, not later than 30 days after the date on which the first new Congress after the date of enactment of this Act convenes; and (ii) for any vacancy, not later than 30 days after the date on which the position becomes vacant. (D) 1 member shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, from among the Members of the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives, which appointment shall be made, as applicable— (i) for the first appointment, not later than 30 days after the date on which the first new Congress after the date of enactment of this Act convenes; and (ii) for any vacancy, not later than 30 days after the date on which the position becomes vacant. (E) The members described in clauses (i) through (xxx) of section 3(a) of the Executive order referred to in subsection (a) (as in effect on June 26, 2013). (F) 1 member from each of the following: (i) The Office of the Deputy Secretary for Native Nations of the Department of the Interior. (ii) The Office of the Assistant Secretary of Indian Affairs of the Department of the Interior. (iii) The Office of Justice Services of the Bureau of Indian Affairs. (iv) The Indian Health Service. (v) The Office of Tribal Justice of the Department of Justice. (vi) The Office of Justice Programs of the Department of Justice. (vii) The Indian Resources Section of the Environment and Natural Resource Division of the Department of Justice. (viii) The Administration for Native Americans of the Department of Health and Human Services. (ix) The Office of Native Affairs and Policy of the Federal Communications Commission. (x) The Federal Bureau of Investigation. (xi) The Office on Violence Against Women of the Department of Justice. (xii) The Office of Insular Affairs of the Department of the Interior. (xiii) The Department of the Navy. (xiv) The Department of the Army. (xv) The Administration for Children and Families of the Department of Health and Human Services. (xvi) The Health Resources and Services Administration for the Department of Health and Human Services. (xvii) The Office of Public and Indian Housing of the Department of Housing and Urban Development. (xviii) The Chair of the United States Commission on Civil Rights. (xix) A Commissioner of the Federal Communications Commission. (G) The heads of such other Executive departments, agencies, and offices as the Chairperson may from time to time designate. (2) Chairperson The Secretary of the Interior shall serve as Chairperson of the Council. (d) Additional subcommittees The Council shall establish the following additional subcommittees relating to Native American affairs: (1) A subcommittee on sacred land. (2) A subcommittee on children, youth, families, education, and housing. (3) A subcommittee on health care, mental health care, and suicide prevention. (4) A subcommittee on energy, economic development, and jobs. (5) A subcommittee on law enforcement, Tribal justice systems, and jurisdiction. (6) A subcommittee on environment. (7) A subcommittee on connectivity, Tribal spectrum management, and affordable broadband. (8) Such other subcommittees as the Council determines necessary. 11. Deputy Secretary for Native Nations in the Department of the Interior (a) Establishment There is established in the Department of the Interior (referred to in this section as the Department ) the position of Deputy Secretary for Native Nations, who shall— (1) report immediately to the Secretary of the Interior; and (2) be equal with the Deputy Secretary of the Interior. (b) Duties The Secretary of the Interior shall delegate to the Deputy Secretary for Native Nations responsibility for— (1) honoring Indian treaty obligations and the trust responsibility of the United States to American Indians and Alaska Natives, supporting self-determination, promoting self-sufficiency, and overseeing all affairs related to American Indians, Alaska Natives, Native Hawaiians, and Indian tribes under the jurisdiction of the Department; (2) coordinating with Cabinet-level officials to ensure the effective provision of Federal support for Tribal self-government and programs for American Indians, Alaska Natives, Native Hawaiians, and Indian tribes and services under the Department; and (3) implementing Indian treaties, statutes, regulations, Executive and Secretarial orders, programs, policies, and other powers related to American Indians, Alaska Natives, Native Hawaiians, and Indian tribes. (c) Authority (1) In general The Deputy Secretary for Native Nations shall oversee the following offices and functions: (A) Assistant Secretary for Indian Affairs. (B) Bureau of Indian Affairs, including the Office of Justice Services. (C) Bureau of Indian Education. (D) Office of the Special Trustee for American Indians. (E) Office of Self-Governance. (2) Additional authority The Deputy Secretary for Native Nations shall coordinate the Native Nations affairs and activities of the White House Council on Native Nations for the President, Vice President, and Cabinet-level officials, subject to the immediate direction of the Secretary of the Interior. (3) Authorization of appropriations There are authorized to be appropriated to the Deputy Secretary for Native Nations to carry out the responsibilities of the Deputy Secretary for Native Nations under this section such sums as are necessary. 12. Tribal consultation by Federal agencies (a) Purposes The purposes of this section are— (1) to enumerate a non-exhaustive set of principles to inform a codification of how Federal agencies should engage in meaningful and timely Tribal consultation; (2) to underscore the importance of Tribal consultation in the fulfilment of the trust and treaty obligations of the Federal Government; (3) to affirm Tribal consultation and the principle of free, prior, and informed consent as rights of Indian tribes, predicated on Tribal sovereignty and self-determination; and (4) to affirm the need for the entire Federal Government to recognize the importance of “regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes,” as quoted in Executive Order 13175 and elaborated in the Presidential Memorandum of January 26, 2021. (b) Findings Congress finds that— (1) as of January 2021, there existed more than 27 directives, handbooks, plans, policies, orders, and similar documents implementing various Tribal consultation policies, totaling more than 300 pages; (2) the current lack of centralization in Federal agencies’ Tribal consultation policies results in a large number of policies with which Indian tribes are expected to be familiar in order to engage in consultation; (3) the current lack of centralization in Federal agencies’ Tribal consultations— (A) results in a number of challenges, including scheduling conflicts and unsustainable drains on the resources of Indian tribes and the time of Tribal leaders; and (B) reflect a lack of respect for Tribal leaders; (4) Federal agency consultation policies take dramatically different views on the purpose of Tribal consultation, resulting in significantly different experiences for Indian tribes attempting to engage in meaningful nation-to-nation dialogue; and (5) history demonstrates that the Federal Government best serves Native American communities when Tribal governments are empowered to lead their own communities. (c) Sense of Congress It is the sense of Congress that— (1) consultation is a right between sovereigns, and the responsibilities and privileges associated with it cannot be delegated to other actors; (2) the purpose of Tribal consultation should be for the Federal Government to obtain the free, prior, and informed consent of affected Indian tribes; (3) Tribal consultation— (A) is both a right of Indian tribes and a process; (B) should occur when any Federal rulemaking, legislation, policy, guidance, operational activity, grant or funding formula change, or other action may have a substantial direct effect on Indian tribes; (C) requires dialogue, which should often take place through formal face-to-face meetings, but may also occur through telephonic, electronic, or printed means; (D) should be used to empower Tribal governments to lead their own communities; (E) (i) should be a collaborative process; (ii) should be built upon the exchange of information; and (iii) should promote enhanced communication that emphasizes trust, respect, and shared responsibility; (F) should involve individuals with decision-making authority; and (G) in its current form is inadequate and requires far more from the Federal Government; (4) the records resulting from consultations between the Federal Government and Tribal governments should be maintained and published, subject to the condition that sensitive Tribal information should be protected; (5) for Tribal consultation to be effective, both Indian tribes and the Federal Government should have the capacity to engage effectively in the consultation process; (6) any legislation or policy attempting to prescribe the conditions of Tribal consultation should be preceded by the gathering of Tribal input with the goal of reaching a consensus on the proposed legislation; and (7) Indian tribes— (A) should be involved in the Tribal consultation process on their request or as early as practicable; (B) should have a meaningful remedy for violations of their right to Tribal consultation; (C) should be entitled to a codified, formal dispute resolution process to provide the Indian tribes with a potential remedy when their rights as sovereigns are violated by the Federal Government; and (D) should receive adequate notice, and sufficient information, about any Tribal consultation sessions. 13. Interagency working group on data collection (a) In general Not later 180 days after the date of enactment of this Act, the Deputy Secretary for Native Nations shall establish a working group, to be known as the Interagency Working Group on Data Collection for Native Populations (referred to in this section as the Working Group ). (b) Purposes The purposes of the Working Group are to develop and improve systems and methodologies for the collection of accurate and disaggregated data for American Indian, Alaska Native, and Native Hawaiian populations. (c) Chairperson; membership (1) In general The Deputy Secretary for Native Nations shall serve as the Chairperson of the Working Group. (2) Membership (A) In general After engaging in Tribal consultation, the Deputy Secretary for Native Nations, in collaboration with the Director of the Bureau of the Census, shall appoint the members of the Working Group in accordance with subparagraph (B). (B) Requirements In appointing members of the Working Group under subparagraph (A), the Deputy Secretary for Native Nations, in collaboration with the Director of the Bureau of the Census, shall include— (i) Tribal leaders representing each of the 12 regions of the Bureau of Indian Affairs; (ii) Tribal data experts; (iii) representatives of urban Indian organizations; (iv) representatives of Native Hawaiian organizations; and (v) other members, as the Deputy Secretary determines to be necessary. (d) Meetings The Working Group shall meet at the call of the Chairperson. (e) Duties The duties of the Working Group shall be the following: (1) Provide a public report at least every 2 years, and more often if the Working Group decides it is necessary, which shall be published on a publicly available website established by the Working Group, on the following: (A) How to improve the quality and accuracy of data relied on by Federal agencies regarding American Indian, Alaska Native, and Native Hawaiian populations, including how to achieve appropriate disaggregation from other populations. (B) Making recommendations to develop and improve systems and methodologies that Federal agencies can replicate for the collection of accurate data on the populations referred to in subparagraph (A). (C) How to protect and uphold Tribal data sovereignty in the collection and use of the data described in subparagraph (B). (2) To receive input from Indian tribes, tribal organizations, urban Indian organizations, Native Hawaiian organizations, and Federal agencies, on an ongoing basis, about instances in which the accuracy and quality of the data described in paragraph (1)(B) requires improvement, to research how to achieve those improvements, and to make recommendations based on the findings of that research. (f) Report Not later than 1 year after the date of enactment of this Act, the Chairperson of the Working Group shall submit an initial report to the Committees on the Budget, Health, Education, Labor, and Pensions, and Indian Affairs of the Senate and the Committee on the Budget, the Subcommittee on Health of the Committee on Energy and Commerce, and the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives. (g) Tribal consultation The Deputy Secretary for Native Nations, in collaboration with the Director of the Bureau of the Census, shall ensure that the Working Group engages in robust Tribal consultation with respect to the work of the Working Group. (h) Tribal data sovereignty The Working Group shall conduct all its work respect for Tribal data sovereignty. (i) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. I Criminal justice and public safety 101. Findings Congress finds that— (1) Tribal law enforcement agencies in American Indian and Alaska Native communities have fewer officers per capita than other law enforcement agencies nationwide, leaving residents of Indian country and Alaska Native Villages less safe and subject to higher rates of crime; (2) Native Americans are killed during police encounters at a higher rate than any other group; (3) Native Americans suffer as victims of violent crime at a rate that is 2.5 times the national average; (4) Native American women are 10 times more likely to be murdered and 2 times more likely to experience rape or experience sexual assault crimes; (5) the criminal justice system in its current form creates structural barriers and fails to recognize Tribal sovereignty and inherent Tribal criminal jurisdiction on Tribal lands; (6) some Indian tribes established Tribal courts before some State courts; (7) for example, the Cherokee Nation opened its Supreme Court in 1822, 23 years before the State of Georgia opened its own Supreme Court; (8) Indian tribes historically exercised criminal jurisdiction over non-Indians who committed crimes on Tribal lands; (9) for example, in 1825, the Muscogee (Creek) Nation passed a law criminalizing rape against women on Creek lands, which applied to all persons , regardless of Tribal citizenship status, and the Muscogee (Creek) Nation prosecuted non-Indian and Indian men who raped women on Creek lands; (10) the history of inadequate Federal funding for public safety on Tribal lands and complex legal jurisdiction on Tribal lands negatively impacts access to counsel in Tribal courts; (11) in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191, 212 (1978), the Supreme Court concluded that whether Indian tribes should be authorized to try non-Indians is a consideration for Congress to weigh ; (12) the Supreme Court recently affirmed this holding in June 2021, in United States v. Cooley, 141 S. Ct. 1638, 1643 (2021), concluding once again that tribal authority remains subject to the plenary authority of Congress ; (13) existing successful Federal and Tribal self-governance programs working to combat the inequities described in this section face chronic underfunding; and (14) the special Tribal criminal jurisdiction exercised by Indian tribes pursuant to section 204 of Public Law 90–284 ( 25 U.S.C. 1304 ) (commonly known as the Indian Civil Rights Act of 1968 ) has been a success. 102. Sense of Congress It is the sense of Congress that— (1) Congress should provide more resources for public safety and other programs of the Department of Justice and the Bureau of Indian Affairs that make American Indian and Alaska Native communities safer; (2) Congress should provide more resources for Tribal law enforcement agencies, Tribal courts, and Tribal detention centers to ensure Tribal sovereignty over public safety programs in Indian country and Alaska Native Villages; (3) Indian tribes have the inherent sovereign authority to exercise full criminal jurisdiction over persons— (A) within the sovereign territory of the Indian tribe; and (B) who commit a violation of Tribal criminal law; (4) the Supreme Court of the United States, in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), violated the inherent sovereign authority of Indian tribes by wrongly limiting tribal criminal jurisdiction and removing Tribal authority to prosecute non-Indians unless authorized by Congress; (5) the limitation by the Supreme Court of the United States of inherent Tribal jurisdiction has effectively granted non-Indians immunity for crimes committed in Indian country and Alaska Native Villages, leading to violence and criminal activity by non-Indians and preventing Indian tribes from taking recourse; (6) the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ; 127 Stat. 54) recognized and affirmed the inherent criminal jurisdiction of Indian tribes over non-Indians who commit crimes of domestic violence against Indians in Indian country; (7) the Violence Against Women Reauthorization Act of 2022 ( Public Law 117–103 ; 136 Stat. 840) recognized and affirmed the inherent criminal jurisdiction of Indian tribes over non-Indians who commit crimes of assaults on Tribal justice personnel, child violence, obstruction of justice, sexual violence, sex trafficking, and stalking; (8) the jurisdiction of Indian tribes over the crimes described in paragraphs (6) and (7) is known as special Tribal criminal jurisdiction ; (9) the exercise of special Tribal criminal jurisdiction has allowed many Indian tribes to begin to address the crisis of violence against American Indian and Alaska Native women by holding offenders accountable and pursuing justice for victims; (10) the Indian tribes that have chosen to implement special domestic violence criminal jurisdiction under the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ; 127 Stat. 54) have successfully upheld the rights of defendants under that Act and complied with the requirements of that Act, including due process protections, but this partial restoration of Tribal jurisdiction has proven insufficient to address the range of serious crimes committed by non-Indians in Indian country and Alaska Native Villages and in violation of Tribal criminal law, and as a result, a large number of violent crimes committed against Native victims go unprosecuted; and (11) Congress has a trust duty and responsibility, stemming from both the treaties signed with Indian tribes and the Constitution of the United States, to fund and support strong Tribal governments, which necessarily includes the funding of Tribal courts, Tribal law enforcement, and victim services. 103. Full Tribal criminal jurisdiction (a) In general Title II of Public Law 90–284 ( 25 U.S.C. 1301 et seq. ) (commonly known as the Indian Civil Rights Act of 1968 ) is amended by adding at the end the following: 205. Full tribal criminal jurisdiction (a) Definitions In this section: (1) Alaska native village The term Alaska Native Village means an Alaska Native Village Statistical Area covering all or any portion of a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )), as depicted on the applicable Tribal Statistical Area Program Verification map of the Bureau of the Census. (2) Full criminal jurisdiction The term full criminal jurisdiction means the criminal jurisdiction that a participating tribe may exercise under this section. (3) Indian country The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. (4) Participating tribe The term participating tribe means an Indian tribe that elects to exercise full criminal jurisdiction over the Indian country or Alaska Native Village of that Indian tribe. (5) Protection order The term protection order — (A) means any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and (B) includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendent lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. (b) Nature of the criminal jurisdiction (1) In general Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed by sections 201 and 203, the powers of self-government of a participating tribe include the inherent power of that tribe, which is hereby recognized and affirmed, to exercise full criminal jurisdiction over any person who— (A) commits a violation of tribal criminal law in the Indian country or Alaska Native Village of that participating tribe; (B) violates a protection order issued by a Tribal court; or (C) commits a violation of tribal law outside of the Indian country or Alaska Native Village of the participating tribe but within the inherent extraterritorial jurisdiction of the participating tribe. (2) Applicability Nothing in this section— (A) creates or eliminates any Federal or State criminal jurisdiction over Indian country or an Alaska Native Village; or (B) affects the authority of the United States or any State that has been delegated authority by the United States to investigate and prosecute a criminal violation in Indian country or in an Alaska Native Village. (3) Effect The authority of the United States and certain States described in paragraph (2)(B) shall remain concurrent to the authority restored to Indian tribes in the Honoring Promises to Native Nations Act. (c) Removal of limitations on sentencing Subparagraphs (B) through (D) of section 202(a)(7), section 202(b), and section 202(d) shall not apply to a participating tribe exercising full criminal jurisdiction under this section. (d) Rights of defendants In a criminal proceeding in which a participating tribe exercises full criminal jurisdiction over a non-Indian, the participating tribe shall provide the defendant— (1) all applicable rights under this Act; (2) all rights described in section 202(c), if a term of imprisonment of any length is imposed; (3) the right to a trial by an impartial jury that is drawn from sources that— (A) reflect a fair cross section of the community; and (B) do not systemically exclude any distinctive group in the community, including non-Indians; and (4) all other rights whose protection is necessary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating tribe to exercise full criminal jurisdiction over the defendant. (e) Grants to tribal governments The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)— (1) to strengthen tribal criminal justice systems to assist Indian tribes in exercising full criminal jurisdiction, including— (A) law enforcement, including the capacity of law enforcement or court personnel to enter information into and obtain information from national crime information databases; (B) prosecution; (C) trial and appellate courts; (D) probation systems; (E) detention and correctional facilities, including medical services and health care for inmates; (F) alternative rehabilitation centers and reentry programs; (G) culturally appropriate services and assistance for victims and the families of the victims; and (H) criminal codes and rules of criminal procedure, appellate procedure, and evidence; (2) to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes a crime; and (3) to ensure that, in criminal proceedings in which a participating tribe exercises full criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements. (f) Supplement, not supplant Amounts made available under this section shall supplement and not supplant any other Federal, State, tribal, or local government amounts made available to carry out activities described in this section. (g) Authorization of appropriations (1) In general Subject to paragraph (2), there is authorized to be appropriated to carry out subsection (e), and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $25,000,000 for each of fiscal years 2023 through 2032. (2) Adjustment for inflation The amount made available under paragraph (1) for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . (b) Effective date; pilot project (1) General effective date Except as provided in paragraph (2), subsections (b) through (d) of section 205 of Public Law 90–284 (commonly known as the Indian Civil Rights Act of 1968 ) shall take effect on the date that is 5 years after the date of enactment of this Act. (2) Pilot project (A) Requests to participate (i) In general Except as provided in subparagraph (B), at any time during the 5-year period beginning on the date of enactment of this Act, an Indian tribe (as defined in section 201 of Public Law 90–284 ( 25 U.S.C. 1301 ) (commonly known as the Indian Civil Rights Act of 1968 )) may ask the Attorney General to designate the Indian tribe as a participating tribe under section 205 of Public Law 90–284 (commonly known as the Indian Civil Rights Act of 1968 ) on an accelerated basis. (ii) Procedure The Attorney General may grant a request under clause (i) after coordinating with the Secretary of the Interior, consulting with affected Indian tribes, and concluding that the criminal justice system of the requesting Indian tribe has adequate safeguards in place to protect the rights of defendants, consistent with section 205 of Public Law 90–284 (commonly known as the Indian Civil Rights Act of 1968 ). (B) Tribes exercising special domestic violence criminal jurisdiction (i) In general At any time during the 5-year period beginning on the date of enactment of this Act, a participating tribe (as defined in section 204(a) of Public Law 90–284 ( 25 U.S.C. 1304(a) ) (commonly known as the Indian Civil Rights Act of 1968 )) (referred to in this subparagraph as a tribe )— (I) may elect to exercise full criminal jurisdiction under section 205 of that Act; and (II) shall notify the Attorney General of such election. (ii) Procedure On notification by a tribe under clause (i)(II), the Attorney General shall designate the tribe as a participating tribe under section 205 of Public Law 90–284 (commonly known as the Indian Civil Rights Act of 1968 ). (C) Effective dates for pilot projects An Indian tribe designated as a participating tribe under subparagraph (A)(ii) or (B)(ii) may commence exercising full criminal jurisdiction pursuant to subsections (b) through (d) of section 205 of Public Law 90–284 (commonly known as the Indian Civil Rights Act of 1968 ) on a date chosen by the Indian tribe, on the condition that the date shall be— (i) not earlier than the date that is 15 days after the date on which the Indian tribe is designated as a participating tribe under subparagraph (A)(ii) or (B)(ii), as applicable; and (ii) not later than the date that is 5 years after the date of enactment of this Act. (c) Petitions To stay detention Section 204(e) of Public Law 90–284 ( 25 U.S.C. 1304(e) ) (commonly known as the Indian Civil Rights Act of 1968 ) is amended— (1) in paragraph (2)— (A) by redesignating subparagraphs (A) and (B) as clauses (ii) and (iii), respectively, and indenting appropriately; (B) in the matter preceding clause (ii) (as so redesignated), by striking A court and inserting the following: (A) In general A court ; (C) in subparagraph (A) (as so designated), by inserting before clause (ii) (as so redesignated) the following: (i) finds that the person has exhausted all tribal court remedies; ; and (D) by adding at the end the following: (B) Victimless crimes If the crime committed by a defendant petitioning for a stay under paragraph (1) is a victimless crime, the court shall not be required to make a finding described in subparagraph (A)(iii). ; and (2) by adding at the end the following: (3) Notice An Indian tribe that has ordered the detention of any person has a duty to timely notify the person of the rights and privileges the person has under this subsection and under section 203. . 104. Bureau of Prisons tribal prisoner program Section 234(c) of the Tribal Law and Order Act of 2010 ( 25 U.S.C. 1302a ) is amended— (1) in paragraph (2)— (A) in subparagraph (B), by striking (comparable to the and all that follows through United States Code) ; and (B) by striking subparagraph (D); and (2) by striking paragraph (4). 105. Tribal justice systems (a) In general Section 103(a) of the Indian Tribal Justice Act ( 25 U.S.C. 3613(a) ) is amended— (1) by striking the subsection designation and heading and all that follows through Pursuant to and inserting the following: (a) Authorization (1) In general Pursuant to ; and (2) by adding at the end the following: (2) Requirement The Secretary shall enter into contracts, grants, or agreements with Indian tribes under paragraph (1) without regard to whether the Indian tribe is located in a State listed in section 1162(a) of title 18, United States Code, or section 1360(a) of title 28, United States Code. . (b) Funding Section 201 of the Indian Tribal Justice Act ( 25 U.S.C. 3621 ) is amended— (1) in each of subsections (a), (c), and (d), by striking 2011 through 2015 each place it appears and inserting 2022 through 2026 ; and (2) by striking subsection (b) and inserting the following: (b) Base support funding for tribal justice systems (1) In general There are authorized to be appropriated to carry out section 103, and there are appropriated, out of any monies in the Treasury not otherwise appropriated— (A) $83,000,000 for fiscal year 2023; (B) $140,000,000 for fiscal year 2024; (C) $200,000,000 for fiscal year 2025; (D) $259,000,000 for fiscal year 2026; and (E) $318,000,000 for fiscal year 2027. (2) Adjustment for inflation The amount made available under paragraph (1) for each of fiscal years 2024 through 2027 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 106. Grants to Indian tribes under public safety and community policing grant program Section 1701(j) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(j) ) is amended— (1) in paragraph (2)— (A) by striking In providing and inserting the following: (A) In general In providing ; and (B) by adding at the end the following: (B) Requirement The Attorney General shall provide grants to Indian tribal governments under this subsection without regard to whether the Indian tribe of the Indian tribal government is located in a State listed in section 1162(a) of title 18, United States Code, or section 1360(a) of title 28, United States Code. ; and (2) by striking paragraph (4) and inserting the following: (4) Funding (A) In general Subject to subparagraph (B), there is authorized to be appropriated to carry out this subsection, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $52,000,000 for fiscal year 2023 and each fiscal year thereafter. (B) Adjustment for inflation The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 107. Bureau of Indian Affairs law enforcement and detention (a) In general There is authorized to be appropriated to the Director of the Bureau of Indian Affairs to carry out the law enforcement and detention activities of the Bureau of Indian Affairs, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $1,200,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (c) Requirement The Director of the Bureau of Indian Affairs shall provide law enforcement and detention services to Tribal communities without regard to whether the Tribal community is located in a State listed in section 1162(a) of title 18, United States Code, or section 1360(a) of title 28, United States Code. 108. Written consent of an Indian tribe prior to an execution of a tribal member by the United States Section 3598 of title 18, United States Code, is amended— (1) by striking under this chapter for any offense the Federal jurisdiction for and inserting the following: under this chapter for— (1) any offense the Federal jurisdiction for ; (2) by striking within the boundaries of Indian country, and inserting the following: within the boundaries of Indian country; or (2) any offense the Federal jurisdiction for which is predicated solely on the offender’s use or taking of an object that has been transported, shipped, or received in interstate or foreign commerce, when the offender was not directly involved in such transportation, shipping, or receiving, ; and (3) by striking unless the governing body and inserting the following: unless the governing body . 109. Indian victims of crime (a) Grant program for Indian crime victim services The Victims of Crime Act of 1984 ( 34 U.S.C. 20101 et seq. ) is amended by inserting after section 1404F the following: 1404G. Grant program for Indian crime victim services (a) Definitions In this section: (1) Eligible Indian tribe The term eligible Indian tribe means an Indian tribe that submits a written proposal for a covered grant to the Director in accordance with subsection (c)(2). (2) Immediate family member The term immediate family member has the meaning given the term in section 115(c) of title 18, United States Code. (3) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) Personally identifying information The term personally identifying information has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (5) Services to victims of crime The term services to victims of crime — (A) has the meaning given the term in section 1404; and (B) includes efforts that— (i) respond to the emotional, psychological, or physical needs of a victim of crime; (ii) assist a victim of crime in stabilizing his or her life after victimization; (iii) assist a victim of crime in understanding and participating in the criminal justice system; or (iv) restore a measure of security and safety for a victim of crime. (6) Victim of crime The term victim of crime means an individual who has suffered direct physical, sexual, financial, or emotional harm as a result of the commission of a crime. (b) Duties of Director The Director shall— (1) administer the grant program described in subsection (c); (2) provide planning, research, training, and technical assistance to recipients of covered grants; and (3) coordinate with the Office of Tribal Justice, the Indian Health Service, and the Bureau of Indian Affairs in implementing the grant program described in subsection (c). (c) Grant program (1) In general On an annual basis, the Director shall make grants to eligible Indian tribes for the purposes of funding— (A) a program, administered by one or more Indian tribes, that provides services to victims of crime, which may be provided in traditional form or through electronic, digital, or other technological formats, including— (i) services to victims of crime provided through subgrants to agencies or departments of Tribal governments or nonprofit organizations; (ii) domestic violence shelters, rape crisis centers, child abuse programs, child advocacy centers, and elder abuse programs providing services to victims of crime; (iii) medical care, equipment, treatment, and related evaluations arising from the victimization, including— (I) emergency medical care and evaluation, nonemergency medical care and evaluation, psychological and psychiatric care and evaluation, and other forms of medical assistance, treatment, or therapy, regardless of the setting in which the services are delivered; (II) mental and behavioral health and crisis counseling, evaluation, and assistance, including outpatient therapy, counseling services, substance abuse treatment, and other forms of specialized treatment, including intervention and prevention services; (III) prophylactic treatment to prevent an individual from contracting HIV/AIDS or any other sexually transmitted disease or infection; and (IV) forensic medical evidence collection examinations and forensic interviews of victims of crime— (aa) to the extent that other funding sources are unavailable or insufficient; and (bb) on the condition that, to the extent practicable, the examiners and interviewers follow relevant guidelines or protocols issued by the State, unit of local government, or Indian tribe with jurisdiction over the area in which the examination or interview is conducted; (iv) legal services, legal assistance services, and legal clinics (including services provided by pro bono legal clinics and practitioners), the need for which arises directly from the victimization; (v) the training and certification of service animals and therapy animals; (vi) equipment for Braille or TTY/TTD machines for the deaf necessary to provide services to victims of crime; (vii) restorative justice opportunities that allow victims of crime to meet with the perpetrators if the meetings are voluntarily agreed to by the victim of crime and are for therapeutic purposes; and (viii) training and related materials, including books, training manuals, and training videos, for staff and service providers to develop skills necessary to offer quality services to victims of crime; (B) the development or implementation of training, technical assistance, or professional development that improves or enhances the quality of services to victims of crime, including coordination between healthcare, education, and justice systems; (C) the transportation of victims of crime— (i) to receive services; or (ii) to participate in criminal justice proceedings; (D) emergency legal assistance to victims of crime that is directly connected to the crime; (E) the supervision of direct service providers and contracts for professional or specialized services that are related directly to providing services to victims of crime; (F) the repair and replacement of essential items used during the provision of services to victims of crime to contribute to and maintain a healthy and safe environment for the victims; (G) transitional housing for victims of crime, particularly victims who have a particular need for such housing and cannot safely return to previous housing, including travel, rental assistance, security deposits, utilities, and other related costs that are incidental to the relocation to transitional housing; (H) the relocation of victims of crime, particularly where necessary for the safety and well-being of the victim, including reasonable moving expenses, security deposits for housing, rental expenses, and utility startup costs; (I) the coordination of activities that facilitate the provision of direct services to victims of crime; (J) a multisystem, interagency, multidisciplinary response to the needs of victims of crime; and (K) the administration of the program and services described in this section. (2) Eligibility An Indian tribe seeking a covered grant shall, in response to a request for proposal, submit to the Director a written proposal for a covered grant. (3) No matching requirement A recipient or subrecipient of a covered grant shall not be required to make a matching contribution for Federal dollars received. (d) Protection of crime victim confidentiality and privacy (1) Annual reports In order to ensure the safety of victims of crime and immediate family members of victims of crime, recipients and subrecipients of covered grants shall protect the confidentiality and privacy of individuals receiving services from the recipient or subrecipient. (2) Nondisclosure (A) In general Subject to paragraphs (3) and (4), a recipient or subrecipient of a covered grant shall not disclose, reveal, or release any personally identifying information collected in connection with any service requested, used, or denied through a program of the recipient or subrecipient or require the release of personally identifying information as a condition of eligibility for the services provided by the recipient or subrecipient— (i) regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected; and (ii) subject to subparagraph (B) and the condition that consent for release may not be given by an abuser of the minor, an abuser of a parent or guardian of a minor, or an incapacitated individual, absent the informed, written, reasonably time-limited consent of— (I) the individual about whom information is sought; (II) in the case of an emancipated minor, the minor, and the parent or guardian; or (III) in the case of legal incapacity, a court-appointed guardian. (B) Certain minors and other individuals If a minor or individual with a legally appointed guardian may lawfully receive services without the consent of a parent or guardian, that minor or individual may consent to the release of information under subparagraph (A)(ii) without the additional consent of a parent or guardian. (3) Release If the release of information described in paragraph (2) is compelled by a statutory or court mandate, a recipient or subrecipient of a covered grant shall— (A) make reasonable attempts to provide notice to victims of crime affected by the disclosure of information; and (B) take steps necessary to protect the privacy and safety of the individuals affected by the release of the information. (4) Information sharing A recipient or subrecipient of a covered grant may share— (A) data in the aggregate that is not personally identifying information regarding services to clients and demographics in order to comply with Federal, State, Tribal, or territorial reporting, evaluation, or data collection requirements; (B) court-generated and law enforcement-generated information contained in secure governmental registries for protection order enforcement purposes; and (C) law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes. (e) Availability of grant funds Any amount awarded under a covered grant that remains unobligated at the end of the fiscal year in which the grant is made may be expended for the purpose for which the grant was made at any time during the 10 succeeding fiscal years, at the end of which period, any unobligated sums shall remain available to the Director for award under this section in the following fiscal year. (f) Effect Nothing in this section prohibits— (1) an Indian tribe from contracting for the administration of a program or activity funded under this section; or (2) multiple Indian tribes or Tribal organizations from forming a consortium for any of the purposes described in this section. (g) Funding The grant program established under this section shall be carried out using amounts made available under section 1402(d)(1). (h) Term This section shall be effective for the first 10 fiscal years beginning after the date of enactment of this section. . (b) Funding for grants for Tribal victims of crime Section 1402(d) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20101(d) ) is amended— (1) by inserting before paragraph (2) the following: (1) For each of the first 10 fiscal years beginning after the date of enactment of the Honoring Promises to Native Nations Act , 5 percent of the total amount in the Fund available for obligation during a fiscal year shall be made available to the Director to make grants under section 1404G. ; (2) in paragraph (2)(A), by inserting after compliance with paragraph (1) after deposited in the Fund ; (3) in paragraph (3)(A), in the matter preceding clause (i), by striking paragraph (2) and inserting paragraphs (1) and (2) ; and (4) in paragraph (5)(A), by inserting (1), before (2) each place that term appears. (c) Regulations regarding Indian tribes (1) Existing regulations Any regulation, rule, or guidance promulgated by the Director of the Office for Victims of Crime before the date of enactment of this Act shall have no force or effect with respect to section 1404G of the Victims of Crime Act of 1984, as added by subsection (a). (2) Negotiated rulemaking (A) In general Not later than 1 year after the date of enactment of this Act, the Director of the Office for Victims of Crime, in consultation with the Secretary of the Interior and Indian tribes (as defined in section 1404G(a) of the Victims of Crime Act of 1984) and through notice and comment negotiated rulemaking, following the provisions of subchapter III of chapter 5 of title 5, United States Code (commonly known as the ‘Negotiated Rulemaking Act of 1990’), shall promulgate final regulations carrying out section 1404G of the Victims of Crime Act of 1984. (B) Requirements The Director of the Office for Victims of Crime shall ensure that— (i) not fewer than 2 Indian tribes from each Bureau of Indian Affairs region participate in the consultation; and (ii) small, medium, and large land-based Indian tribes are represented. 110. Victim advocates for Native Americans Section 2001(b)(23) title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10441(b)(23) ) is amended by striking domestic violence, dating violence, sexual assault, and stalking and inserting crime . 111. Special Tribal criminal jurisdiction Section 204(j)(1) of Public Law 90–284 ( 25 U.S.C. 1304(j)(1) ) (commonly known as the Indian Civil Rights Act of 1968 ) is amended, in the matter preceding subparagraph (A), by striking There is authorized to be appropriated $25,000,000 and inserting There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $50,000,000 . 112. National Indian Country Clearinghouse on Sexual Assault (a) In general There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $1,000,000 for fiscal year 2023 and each fiscal year thereafter for grants, contracts, cooperative agreements, and other assistance for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of Indian and Alaska Native women. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 113. Tribal access program Section 534(d) of title 28, United States Code, is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting (including entities designated by an Indian tribe as maintaining public safety within the territorial jurisdiction of the Indian tribe) after law enforcement agencies ; and (2) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) Funding There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $60,000,000 for fiscal year 2023, to remain available until expended, to carry out the Tribal Access Program under subparagraph (A). . 114. Tiwahe Initiative (a) In general There is authorized to be appropriated to carry out the Tiwahe Initiative of the Bureau of Indian Affairs, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $1,000,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 115. Reviews on Native Hawaiian interactions with law enforcement (a) Public safety and criminal justice (1) Review on law enforcement affecting Native Hawaiians (A) In general The Department of Justice shall conduct a comprehensive review of law enforcement and other crime prevention programs for various crimes affecting Native Hawaiian populations, including child sexual exploitation, child abuse, intimate partner violence, human trafficking, and substance abuse. (B) Report Not later than 1 year after the date of enactment of this Act, the Department of Justice shall submit to Congress a report summarizing the review required under subparagraph (A), which shall include the amount of Federal funding for the programs referred to in that subparagraph received by Native Hawaiian-serving organizations as a percentage of the total amount spent on those programs. (2) Review of Native Hawaiian victims of various crimes (A) In general The Department of Justice shall conduct a comprehensive review of programs that provide services to victims of various crimes affecting Native Hawaiian populations, including child sexual exploitation, child abuse, intimate partner violence, human trafficking, and substance abuse. (B) Report Not later than 1 year after the date of enactment of this Act, the Department of Justice shall submit to Congress a report summarizing the review required under subparagraph (A), which shall include the amount of Federal funding for the programs referred to in that subparagraph received by Native Hawaiian-serving organizations as a percentage of the total amount spent on those programs. (3) Review of Native Hawaiians in the criminal justice system (A) In general The National Institute of Justice, in coordination with the Bureau of Justice Statistics, shall conduct a comprehensive review on the Native Hawaiian population involved in the criminal justice system, including— (i) arrests; (ii) detention in Federal, State, and local jails; (iii) pretrial supervision; (iv) post-conviction supervision; (v) incarceration in Federal and State prisons; and (vi) post-release supervision. (B) Report Not later than 1 year after the date of enactment of this Act, the National Institute of Justice, in coordination with the Bureau of Justice Statistics, shall submit to Congress a report summarizing the review required under subparagraph (A), which shall include— (i) the Native Hawaiian population as a percentage of the total population of the United States that is involved in the criminal justice system; (ii) information on the programs and services available to, and used by, Native Hawaiians in various jurisdictions, including diversion programs, in-prison education programs, and reentry services; and (iii) the number of culturally relevant programs available to justice-involved Native Hawaiians. II Health care 201. Findings Congress finds that— (1) funding for the Indian Health Service and health care for American Indians and Alaska Natives is inequitable and unequal; (2) Indian Health Service expenditures per capita are well below other Federal healthcare programs, which results in— (A) unacceptable health conditions of American Indians and Alaska Natives; and (B) American Indians and Alaska Natives living sicker and dying younger than other individuals in the United States; (3) the urban Indian health care budget has failed to keep pace with urban Indian population growth or inflation, and that severe underfunding impedes fulfillment of the trust and treaty obligations of the Federal Government; (4) due to chronic underfunding to healthcare programs that serve American Indians and Alaska Natives, American Indians and Alaska Natives face overwhelming health disparities compared to other populations, including— (A) having lower life expectancies and experiencing a disproportionate number of diseases; and (B) dying at higher rates than other individuals in the United States from chronic liver disease, cirrhosis, diabetes mellitus, unintentional injuries, intentional self-harm and suicide, and chronic lower respiratory diseases; (5) the significant decline of third-party reimbursements for care, as clinics serving Tribal areas operate with limited staff and cancel non-essential procedures and visits, is affecting Tribal resources, which— (A) reduces the amount that Tribal health facilities can bill Medicare, Medicaid, or other private insurances for reimbursement of services; and (B) poses a threat to the continuity of operations of those facilities; (6) (A) section 10221 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 124 Stat. 935) permanently reauthorized the Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ) in the hope of reducing health disparities faced by Native Americans; but (B) many of the provisions of the Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ) remain underfunded; and (7) the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11701 et seq. ) authorized the Native Hawaiian Health Care Program— (A) to improve the health status of Native Hawaiians; and (B) to provide Native Hawaiian health care programs with the resources necessary to improve the health status of Native Hawaiians. 202. Sense of Congress It is the sense of Congress that— (1) funding for the delivery of health care to American Indians, Alaska Natives, and Native Hawaiians through the Indian Health Service, Indian tribes, tribal organizations, urban Indian organizations, and the Native Hawaiian Health Care Program should be fully funded; (2) the funding described in paragraph (1) should be mandatory; (3) Congress should allocate funding to job training and tuition reimbursement programs to increase the number of clinicians and non-medical health care staff serving American Indians, Alaska Natives, Native Hawaiians, and Indian tribes; (4) Congress should provide funding under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) and the Medicaid program under title XIX of that Act ( 42 U.S.C. 1396 et seq. ) directly to Indian tribes and end the practice of pass-through of funds through States; (5) (A) the Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ) is crucial to protecting the health and well-being of American Indians and Alaska Natives; (B) all of the provisions of that Act should be implemented and fully funded; and (C) in accordance with section 3 of that Act ( 25 U.S.C. 1602 ), it is the policy of the United States, in fulfillment of the special trust responsibilities and legal obligations to Indians of the United States, including Indians living in urban settings— (i) to ensure the highest possible health status for Indians and to provide all resources necessary to effect that policy; (ii) to raise the health status of Indians to at least the levels set forth in the goals contained within the Healthy People 2010 initiative or successor objectives; (iii) to ensure maximum Indian participation in the direction of health care services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities; (iv) to increase the proportion of all degrees in the health professions and allied and associated health professions awarded to Indians so that the proportion of Indian health professionals in each Indian Health Service area is raised to at least the level of that of the general population; (v) to require that all actions under that Act shall be carried out with active and meaningful consultation with Indian tribes, and conference with tribal organizations and urban Indian organizations, to implement that Act and the national policy of Indian self-determination; (vi) to ensure that the United States and Indian tribes work in a government-to-government relationship to ensure quality health care for all Tribal members; and (vii) to provide funding for programs and facilities operated by Indian tribes and tribal organizations in amounts that are not less than the amounts provided to programs and facilities operated directly by the Indian Health Service; (6) legal challenges to that Act and the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 124 Stat. 119) are harmful; (7) legislation to address the opioid and substance use epidemic facing American Indian, Alaska Native, and Native Hawaiian communities (known as the Comprehensive Addiction Resources Emergency Act of 2021 , S. 3418 and H.R. 6311, 117th Congress, as introduced on December 16, 2021) should be enacted without delay; and (8) legislation to provide significant resources to Indian tribes to combat child abuse and neglect (known as the American Indian and Alaska Native Child Abuse Prevention and Treatment Act , S. 1868 and H.R. 1566, 117th Congress, as introduced on May 26, 2021, and March 3, 2021, respectively) should be enacted without delay. 203. Mandatory funding for Indian Health Service (a) Establishment There is established in the Treasury an account, to be known as the Indian Health Services Operations Account , into which shall be deposited all amounts appropriated or otherwise made available according to the recommendations of the national Tribal Budget Formulation Workgroup, as of the date of enactment of this Act, to carry out the Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ) and any other program relating to or operated by the Indian Health Service. (b) Appropriation There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, the following amounts, which shall be deposited in the Indian Health Services Operations Account: (1) For fiscal year 2023, $50,138,679,000. (2) For fiscal year 2024, $51,416,373,000. (3) For fiscal year 2025 and each fiscal year thereafter, an amount equal to the sum of— (A) the amount appropriated for the previous fiscal year, as adjusted annually to reflect the change in the medical care component of the consumer price index for all urban consumers (U.S. city average); and (B) as applicable— (i) 1.8 percent of the amount appropriated for the previous fiscal year; or (ii) the percentage of the amount appropriated for the previous fiscal year determined under subsection (c)(2). (c) Adjustments after fiscal year 2024 (1) Study Not later than September 30, 2024, and not less frequently than once every 10 years thereafter, the Comptroller General of the United States shall conduct a study, in consultation with Indian tribes, to determine whether the population served by the Indian Health Service has continued to grow by 1.8 percent per year. (2) Adjustment If the Comptroller General determines under the study conducted under paragraph (1) that the actual rate of growth of the population described in that paragraph is higher than 1.8 percent, for purposes of subsection (b)(3)(B)(ii), the percentage by which the amount appropriated for the previous fiscal year shall be adjusted to reflect the actual rate of growth determined by the study. (d) Shortfalls and report (1) In general Not later than the end of fiscal year 2023, the Secretary of Health and Human Services shall submit to the Committees on the Budget, Health, Education, Labor, and Pensions, and Indian Affairs of the Senate and the Committee on the Budget, the Subcommittee on Health of the Committee on Energy and Commerce, and the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives a publicly available report, developed in consultation with Indian tribes, that proposes an item of appropriation, according to the recommendations of the national Tribal Budget Formulation Workgroup, for shortfalls for funds related to the lease of a facility used for administration and delivery of Indian Health Service programs pursuant to section 105(l) of the Indian Self-Determination Act ( 25 U.S.C. 5324(l) ), including supporting documentation on the methods used by the Secretary of Health and Human Services to determine the amount of shortfalls. (2) Additional appropriations (A) Facility leasing (i) In general In addition to the amount appropriated for a fiscal year for the Indian Health Services Operations Account, there is authorized to be appropriated for fiscal year 2023, and each fiscal year thereafter, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, the amount requested by the report under paragraph (1). (ii) Adjustment for inflation The amount made available under clause (i) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the medical care component of the consumer price index for all urban consumers (U.S. city average). (B) Contract support costs In addition to the amount appropriated for a fiscal year for the Indian Health Services Operations Account, there is authorized to be appropriated for fiscal year 2023, and each fiscal year thereafter, for contract support costs described in section 106 of the Indian Self-Determination Act ( 25 U.S.C. 5325 ) an amount determined by the Secretary of the Interior to cover any shortfalls for the operation of the programs and portions for periods covered by the contract support costs. 204. Sanitation facilities construction program Section 7 of the Act of August 5, 1954 ( 42 U.S.C. 2004a ), is amended by adding at the end the following: (d) Funding (1) In general There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, to carry out this section— (A) $1,200,000,000 for each of fiscal years 2023 through 2025; and (B) $1,900,000,000 for fiscal year 2026 and each fiscal year thereafter. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 205. Special diabetes programs for Indians Section 330C of the Public Health Service Act ( 42 U.S.C. 254c–3 ) is amended— (1) in subsection (c)(2)— (A) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as so redesignated), by striking For the purpose and inserting the following: (A) In general For the purpose ; (C) in subparagraph (A) (as so redesignated)— (i) in clause (iii) (as so redesignated), by striking and at the end; (ii) in clause (iv) (as so redesignated), by striking 2023, to remain available until expended. and inserting 2022; and ; and (iii) by adding at the end the following: (v) subject to subparagraph (B), $300,000,000 for each of fiscal years 2023 through 2032, to remain available until expended. ; and (D) by adding at the end the following: (B) Adjustment for inflation The amount authorized to be appropriated under subparagraph (A)(v) for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the medical care component of the consumer price index for all urban consumers (U.S. city average). ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Requirement Grants provided under subsection (a) shall be subject to the requirements of section 7(b) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5307(b) ). . 206. Special diabetes program for Native Hawaiians Section 6 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705 ) is amended by adding at the end the following: (i) Special diabetes program for Native Hawaiians (1) In general The Secretary shall make grants for providing services for the prevention and treatment of diabetes in accordance with subsection (b). (2) Services through Native Hawaiian Health Care Systems facilities For purposes of subsection (a), services under such subsection are provided in accordance with this subsection if these services are provided through the Native Hawaiian Health Care Systems. (3) Appropriations For the purpose of making grants under this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, $9,000,000 for each fiscal year. . 207. Permanent extension of full Federal medical assistance percentage to urban Indian organizations Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended, in the third sentence, by striking for the 8 fiscal year quarters beginning with the first fiscal year quarter beginning after the date of the enactment of the American Rescue Plan Act of 2021 and inserting for each fiscal quarter beginning on or after April 1, 2021 . 208. Qualified Indian provider services Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (a)(2)— (A) by striking , and (C) and inserting , (C) ; and (B) by inserting , and (D) qualified Indian provider services (as defined in subsection (l)(4)) after included in the plan ; and (2) in subsection (l), by adding at the end the following: (4) (A) The term qualified Indian provider services means services— (i) for which medical assistance is otherwise available under the State plan (or a waiver of such plan); and (ii) that are furnished by an Indian health care provider (as defined in subparagraph (B)) to an individual who— (I) is eligible for medical assistance under the State plan (or waiver); and (II) is eligible to receive services from the Indian Health Service. (B) The term Indian health care provider means a health program operated by the Indian Health Service or by an Indian tribe or Tribal organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) or inter-tribal consortium (as defined in section 501(a) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5381(a) )) or through an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) operating pursuant to a grant or contract with the Indian Health Service under title V of the Indian Health Care Improvement Act or as a permanent program within the Indian Health Services direct care program. (C) Notwithstanding any other provision of law, qualified Indian provider services may be provided by authorized non-physician practitioners working within the scope of their license, certification, or authorized practice under Federal, State, or tribal law. . 209. Remove limitation on payment for services furnished by Indian Health Care Providers outside a clinic facility Section 1905(a)(9) of the Social Security Act ( 42 U.S.C. 1396d(a)(9) ) is amended by inserting and including such services furnished in any location by or through an Indian Health Care Provider as defined in subsection (l)(4)(B) before the semicolon at the end. 210. Native Hawaiian health care (a) Extension of Federal Tort Claims Act coverage to Native Hawaiian health care systems Section 6 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705 ) is amended— (1) by redesignating subsections (h) and (i) (as added by section 206) as subsections (i) and (j), respectively; (2) by inserting after subsection (g) the following: (h) Federal Tort Claims Act coverage (1) Native hawaiian health care systems A Native Hawaiian health care system shall be considered to be a Federal agency for purposes of claims under sections 1346(b) and 2672 of title 28, United States Code, for money damages for personal injury, including death, resulting from the performance of functions by the Native Hawaiian health care system. (2) Officers and employees An individual who is an officer or employee of a Native Hawaiian health care system shall— (A) be considered to be an employee of the Department of Health and Human Services for purposes of claims under sections 1346(b) and 2672 of title 28, United States Code, for money damages for personal injury, including death, resulting from the performance of functions within the scope of employment of the individual; and (B) be considered to be an employee of the Public Health Service performing medical, surgical, dental, or related functions for purposes of ensuring that the remedy provided by sections 1346(b) and 2672 of title 28, United States Code, is exclusive of any other civil action or proceeding by reason of the same subject matter against— (i) that individual; or (ii) the estate of that individual. ; and (3) by striking subsection (i) (as so redesignated) and inserting the following: (i) Funding (1) In general Subject to paragraph (2), there are authorized to be appropriated to carry out this section, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, $47,000,000 for fiscal year 2023, an additional $9,000,000 per year for each fiscal year until fiscal year 2035, and $155,000,000 each fiscal year thereafter. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2036 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . (b) Extension of full Federal medical assistance percentage to services furnished by Native Hawaiian health care systems Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended, in the third sentence, by striking for such 8 fiscal year quarters, and inserting for each fiscal quarter beginning on or after April 1, 2021, . (c) Permanent removal of matching requirements Section 6 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705 ) is amended— (1) by striking subsection (e); and (2) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively. 211. Funding for tribal epidemiology centers Section 214 of the Indian Health Care Improvement Act ( 25 U.S.C. 1621m ) is amended by adding at the end the following: (f) Funding (1) In general There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $60,000,000 for fiscal year 2023 and each fiscal year thereafter for epidemiology centers established under this section. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the medical care component of the consumer price index for all urban consumers (U.S. city average). . 212. State option to provide medical assistance for residential addiction treatment facility services (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (a)(16)— (A) by striking as defined in subsection (h), and, (B) and inserting as defined in subsection (h)(1), (B) ; and (B) by inserting , and (C) residential addiction treatment facility services (as defined in subsection (h)(3)), if offered as part of a full continuum of evidence-based treatment services provided under the State plan, including residential, outpatient, and community-based care, for individuals with substance use disorders before the semicolon; and (2) in subsection (h)— (A) in paragraph (1), by striking paragraph (16) of subsection (a) and inserting subsection (a)(16)(A) ; and (B) by adding at the end the following: (3) (A) For purposes of subsection (a)(16)(C), the term residential addiction treatment facility services means, subject to subparagraph (B), inpatient services provided— (i) to an individual for the purpose of treating a substance use disorder that are furnished to an individual in the State for not more than 60 consecutive days (on a statewide average basis), provided that upon completion of each period of 30 consecutive days of treatment, the individual is assessed and determined to have progressed through the clinical continuum of care, in accordance with criteria established by the Secretary, in consultation with the American Society of Addiction Medicine, and requires continued medically necessary treatment and social support services to promote recovery, stable transition to ongoing treatment, and discharge; and (ii) in a facility that is accredited for the treatment of substance use disorders by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or any other accrediting agency that the Secretary deems appropriate as necessary to ensure nationwide applicability, including qualified national organizations and State-level accrediting agencies. (B) The State agency responsible for administering the State plan under this title shall establish procedures to ensure that, with respect to any facility providing residential addiction treatment facility services in a fiscal year, the number of beds used by the facility to provide such services during such year is consistent with State licensure standards. (C) The provision of medical assistance for residential addiction treatment facility services to an individual shall not prohibit Federal financial participation for medical assistance for items or services that are provided to the individual in or away from the residential addiction treatment facility during any 30-day period in which the individual is receiving residential addiction treatment facility services. (D) A woman who is eligible for medical assistance on the basis of being pregnant and who is furnished residential addiction treatment facility services during any 30-day period may remain eligible for, and continue to be furnished with, such services for additional 30-day periods without regard to any eligibility limit that would otherwise apply to the woman as a result of her pregnancy ending, subject to assessment by the facility and a determination based on medical necessity related to substance use disorder and the impact of substance use disorder on birth outcomes. . (b) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2023. 213. Conferring with urban Indian organizations (a) Definition of confer In this section, the term confer means to engage in an open and free exchange of information and opinions that— (1) leads to mutual understanding and comprehension; and (2) emphasizes trust, respect, and shared responsibility. (b) Requirement The Secretary of Health and Human Services, to the maximum extent practicable, shall confer with urban Indian organizations in carrying out health services of the Department of Health and Human Services. 214. Medicaid work requirement exemption Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended by adding at the end the following new subsection: (tt) Nonapplication of work requirements to members of Indian tribes In the case of a State that conditions an individual's eligibility for medical assistance upon such individual's satisfaction of a requirement that the individual be employed, enrolled in school, participate in a work activity (as defined in section 407(d) or otherwise by the State), or participate in other community engagement activity, the State shall not apply such condition to an individual who is a member of a Federally recognized Indian tribe. . 215. Medicaid program policies for members of Indian tribes The Secretary of Health and Human Services— (1) may waive compliance with any requirement of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) in a manner that is specific to— (A) persons who are Indian (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )); and (B) facilities of the Indian Health Service and urban Indian organizations; (2) shall not waive compliance with any requirement of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) that is specific to persons who are Indian (as so defined) if such waiver would— (A) reduce the amount, duration, or scope of benefits available to such persons under such Act; or (B) impose restrictions, premiums or cost-sharing, or additional conditions on the receipt of benefits under such Act by such persons; and (3) shall not waive any requirement relating to Tribal consultation or conference with urban Indian organizations as required by any Federal law, rule, or regulation. III Education 301. Findings Congress finds that— (1) (A) Native American students experience discernible disparities in access to educational opportunities compared to their non-Native-American peers; and (B) those disparities in educational opportunities— (i) have a profound impact on the social and economic opportunities and well-being of Native American students and Native American communities; and (ii) mean that Native American students are likely to experience disproportionate levels of discipline while in school that leads to those students being suspended or expelled, increasing the likelihood of those students to be involved in the school-to-prison pipeline; (2) the Federal Government has failed in its trust obligation to provide educational services that address the unique situation of Native American students; (3) (A) a majority of Native American students attend public schools, many of which lack curricula that provide historically accurate and culturally competent representation or discussion of Native Americans and their history in the United States; and (B) the failure to include historically accurate and culturally competent curricula leads to a lack of understanding for all students of the history and contributions of Native Americans; (4) (A) Native American students make up 1.1 percent of students attending public schools; (B) Native American students have the lowest high school graduation rates and the lowest scores on reading and math elementary and secondary school standardized tests; (C) students attending schools funded by the Bureau of Indian Affairs (referred to in this title as Bureau-funded schools ) have lower academic scores than their non-Native American peers who attend public school; and (D) educational disparities continue into higher education, with only 16 percent of Native American students obtaining a bachelor’s degree compared to the national average of 36 percent of individuals in the same age group; (5) (A) the enactment of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) allowed federally recognized Indian tribes to contract with the Bureau-funded schools and provide education programs; (B) with 183 Bureau-funded schools, the Bureau of Indian Education is obligated to provide culturally relevant, high-quality education opportunities to Native American students; and (C) Bureau-funded schools consistently struggle to recruit and retain qualified and effective teachers due to noncompetitive salaries, isolated rural settings, difficult work environments, lack of job opportunities for spouses and partners, and marginal housing opportunities; and (6) (A) American Indian and Alaska Native tribally chartered colleges and universities (TCUs) were established beginning in the late 1960s due to the failure of the United States higher education system to include American Indians; (B) in addition to providing place-based and culturally grounded higher and career/technical education, TCUs are charged with preserving and revitalizing Tribal cultures, languages and lands, and strengthening Tribal sovereignty; and (C) TCUs face significant challenges and inequities, including— (i) the lack of adequate operating funding from the Department of the Interior; (ii) the inability to grow endowments; and (iii) a disproportionate number of students living in poverty, suffering food and housing insecurity, and unprepared for post-secondary education. 302. Sense of Congress It is the sense of Congress that Congress should— (1) provide full funding for Tribal Colleges and Universities and Bureau-funded schools, including increased funding to develop lessons and curricula that provide culturally competent and historically accurate information; (2) provide increased funding to recruit and retain teachers at schools that serve a high proportion of Native students, including Bureau-funded schools, in order to address the educational disparities faced by Native American students described in section 301; (3) provide full funding for school construction and repairs at Bureau-funded schools, which have lacked longstanding adequate funding and prioritization, to correct facilities operations inefficiencies that contribute to the chronic poor educational outcomes and performance of students at those schools; and (4) increase and make permanent programmatic funding for Native American language programs to restore the elimination of traditional languages that colonial education forced on Native American students during the Assimilation Era. 303. Mandatory funding for Tribal Colleges and Universities Section 371(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(b) ) is amended— (1) in paragraph (1)— (A) by striking subparagraph (A) and inserting the following: (A) Provision of funds There shall be available to the Secretary to carry out this section, from funds in the Treasury not otherwise appropriated, $300,000,000 for fiscal year 2023 and each fiscal year thereafter. ; and (B) by adding at the end the following: (C) Adjustment for inflation The amount made available under paragraph (1)(A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. ; and (2) in paragraph (2)— (A) in subparagraph (A)— (i) in each of clauses (i) and (ii), by striking $100,000,000 and inserting $117,500,000 ; and (ii) in clause (iii), by striking $55,000,000 and inserting $65,000,000 ; and (B) in subparagraph (D)— (i) in clause (i), by striking $30,000,000 each place the term appears and inserting $35,000,000 ; (ii) in clause (ii), by striking $15,000,000 each place the term appears and inserting $18,000,000 ; and (iii) in each of clauses (iii) and (iv), by striking $5,000,000 and inserting $6,000,000 . 304. Expanding instruction and outreach by Tribal Colleges and Universities and other amendments (a) Section heading Section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ) is amended, in the section heading, by striking American Indian Tribally Controlled Colleges and Universities and inserting Tribal Colleges and Universities . (b) Authorized activities Section 316(c)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(c)(2) ) is amended— (1) in subparagraph (D), by striking Indians and all that follows through policy and inserting the following: American Indians and Alaska Natives are underrepresented, instruction in Native American languages, and instruction and programs to support Tribal governance, Tribal public policy, and Tribal history and sovereignty ; and (2) in subparagraph (L), by striking outreach and all that follows through education; and inserting the following: outreach and recruitment activities and programs that encourage American Indian and Alaska Native elementary school students, secondary school students, and community members to develop the academic skills and the interest to pursue and succeed in postsecondary education; . (c) Application, plan, allocation Section 316(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(d) ) is amended— (1) by striking paragraph (1); (2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and (3) in paragraph (3) (as so redesignated), by adding at the end the following: (C) Use of unexpended funds Any funds paid to an institution and not expended or used for the purposes for which the funds were paid during the 5-year period following the date of the initial grant award, may be carried over and expended during the succeeding 5-year period, if such funds are obligated for a purpose for which the funds were paid during the 5-year period following the date of the initial grant award. . (d) Definition Section 2(a)(4) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801(a)(4) ) is amended by striking an institution and inserting a public institution . 305. Endowment funds of Tribal Colleges and Universities Section 316(c)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(c)(3) ) is amended— (1) by striking subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (B); and (3) by adding at the end the following: (C) Scholarships A Tribal College or University that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such Tribal College or University. . 306. Full funding for operation of Bureau-funded schools (a) Indian school equalization program There is authorized to be appropriated to carry out the Indian School Equalization Program of the Bureau of Indian Affairs, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $500,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Tribal colleges and universities operations There is authorized to be appropriated to fund operations at Tribal Colleges or Universities that are authorized under titles I and V of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1802 et seq. , 1861 et seq.) and the Navajo Community College Act ( 25 U.S.C. 640a note; Public Law 92–189 ), and that originally were authorized under the Act of November 2, 1921 ( 25 U.S.C. 13 ) (commonly known as the Snyder Act ), and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $150,000,000 for fiscal year 2023 and each fiscal year thereafter. (c) Adjustment for inflation The amount made available under subsections (a) and (b) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (d) Special programs and projects To improve educational opportunities for Indian children Subpart 2 of part A of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7441 et seq. ) is amended by adding at the end the following: 6123. Funding (a) In general Subject to subsection (b), there is authorized to be appropriated to carry out this subpart, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $68,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . (e) Bureau of Indian Education facilities operations (1) In general Subject to paragraph (2), there is authorized to be appropriated for Bureau of Indian Education facilities operations costs, including costs for electricity, heating fuels, communications, custodial services, and other operation expenses, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $109,000,000 for fiscal year 2023 and each fiscal year thereafter. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (f) Student transportation (1) In general Subject to paragraph (2), there is authorized to be appropriated for the costs of transportation of students to Bureau-funded schools, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $73,000,000 for fiscal year 2023 and each fiscal year thereafter. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 307. Bureau of Indian Education school construction, modernization, and repair (a) In general Subject to subsection (b), there are authorized to be appropriated for the costs of construction, facilities improvement, modernization, repair, and replacement school construction for Bureau-funded schools, including sanitation, non-mechanical heating, ventilation, and air conditioning system repair and replacement, and there are appropriated, out of any monies in the Treasury not otherwise appropriated— (1) $1,000,000,000 for each of fiscal years 2023 through 2027; and (2) $264,300,000 for fiscal year 2028 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a)(2) for fiscal year 2029 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 308. Tribal College and University construction, modernization, and repair (a) In general Section 112 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1812 ) is amended to read as follows: 112. Tribal College and University construction, modernization, and repair (a) Study (1) In general The Secretary shall conduct a study on the condition of facilities of tribally controlled colleges or universities, including facilities of Tribal Colleges or Universities (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) )). (2) Requirement The study under paragraph (1) shall identify the need for new construction, renovation, and infrastructure enhancements of the Tribal Colleges and Universities. (3) Contract The Secretary may conduct the study required in subsection (a) directly or by contract. (b) Report Not later than 18 months after the date of enactment of the Honoring Promises to Native Nations Act , the Secretary shall submit a report describing the results of the study under subsection (a) to— (1) the Committee on Indian Affairs of the Senate; (2) the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives; (3) the Committee on Appropriations of the Senate; and (4) the Committee on Appropriations of the House of Representatives. . (b) Infrastructure improvement Section 113 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1813 ) is amended to read as follows: 113. Infrastructure improvement (a) Definitions In this section: (1) Construction The term construction includes any measure to address a facility construction, maintenance, renovation, reconstruction, or replacement need of a Tribal College or University. (2) Tribal College or University The term Tribal College or University means a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) )) that was in operation as such a Tribal College or University— (A) during fiscal year 2022; or (B) for a period of not fewer than 4 consecutive fiscal years through an affiliation with a tribally controlled college or university that received assistance under this title during fiscal year 2022. (b) Grants Subject to the availability of appropriations, the Secretary shall provide to a Tribal College or University the application of which is approved under subsection (c) a grant for construction in accordance with this section. (c) Application (1) In general To be eligible to receive a grant under this section, a Tribal College or University shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Approval The Secretary shall approve an application submitted under paragraph (1) if the Secretary determines that— (A) the application meets all applicable requirements established by the Secretary; and (B) identifies a need for construction at the Tribal College or University. (d) Eligible activities A Tribal College or University shall use a grant provided under this section to address facilities and infrastructure needs, including— (1) construction of new facilities, including— (A) classrooms; (B) administrative offices; (C) libraries; (D) health, fitness, and cultural centers; (E) child care centers; (F) technology centers; (G) housing for students, faculty, and staff; and (H) other facilities necessary to an institution of higher education; (2) renovating or expanding an existing or acquired facility; (3) providing new or existing facilities with equipment and infrastructure, including— (A) laboratory equipment; (B) computer infrastructure and equipment; (C) broadband infrastructure and equipment; (D) library books; and (E) furniture; and (4) property acquisition. (e) No match requirement A Tribal College or University that receives a grant under this section shall not be required to make a matching contribution for any Federal amounts received. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $525,000,000 for each of fiscal years 2023 through 2025. . (c) Conforming amendment Section 110(a)(3) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1810(a)(3) ) is amended by striking sections 112(b) and 113 and inserting section 112(b) . 309. Support for Native students and educators in Native-serving schools (a) Purpose The purpose of this section is to address the shortage of qualified teachers serving American Indian, Alaska Native, and Native Hawaiian elementary school and secondary school students by attracting, and retaining, quality teachers to Native-serving schools, while also increasing the number of American Indian, Alaska Native, and Native Hawaiian teachers in those schools. (b) Support for Native students and educators in Native-Serving schools Part B of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1031 et seq. ) is amended by adding at the end the following: 6 Support for Native students and educators in Native-Serving schools 259A. Definitions In this subpart: (1) Bureau-funded school The term Bureau-funded school has the meaning given that term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (2) Bureau of Indian Education early childhood development program The term Bureau of Indian Education early childhood development program means a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 ). (3) Eligible educator The term eligible educator means an individual who— (A) received a stipend and mentoring under section 259B; (B) completed the individual's program of study and earned an undergraduate or graduate degree in early childhood education, elementary or secondary education, or school administration from an institution of higher education; and (C) obtains full-time employment in a Native-serving school. (4) Eligible student The term eligible student means an individual who— (A) is an Indian or a Native Hawaiian; (B) is pursuing an undergraduate or graduate degree in early childhood education, elementary or secondary education, or school administration from an institution of higher education; and (C) in the case of an undergraduate student, has completed not less than 2 years of study toward the degree described in subparagraph (B). (5) Indian The term Indian has the meaning given such term in section 316(b). (6) Native Hawaiian The term Native Hawaiian has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ). (7) Native-serving school The term Native-serving school means— (A) a Bureau-funded school, including a Bureau of Indian Education early childhood development program; (B) a public elementary school or secondary school that, for the school year during which an eligible student or eligible educator is employed at such school for purposes of section 259B(d)(2)(B) or 259C, respectively— (i) has a student enrollment of 25 percent or more Indian or Native Hawaiian students; and (ii) is located in the school district of a local educational agency eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965; (C) a tribal early childhood education program; or (D) a federally funded early childhood education program that serves a significant number of Native students, as determined by the Secretary in consultation with Indian tribes and in collaboration with a Native Hawaiian organization. (8) Tribal early childhood education program The term tribal early childhood education program means any of the following programs: (A) A Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ) that is located in Head Start region IX or XI. (B) A tribal child care and development program carried out under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ). (C) A program serving children from birth through age 6 that— (i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ); (ii) is a tribal prekindergarten program; (iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act with a student enrollment of 25 percent or more Indian or Native Hawaiian students; or (iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian tribe or a Native Hawaiian organization. (9) Tribal educational agency The term tribal educational agency has the meaning given the term in section 6132(b) of the Elementary and Secondary Education Act of 1965. 259B. Stipends and mentoring to Native students pursuing education degrees (a) Program authorized From amounts made available to carry out this section, the Secretary shall carry out a program under which the Secretary provides stipends under subsection (b) and mentoring through grants under subsection (c) to eligible students, in order to increase the number of Native teachers in Native-serving schools. (b) Stipends A stipend provided under this section shall be in an amount equal to $1,500 a month, for each month during the period in which the student is enrolled, on a full-time or part-time basis, in a program leading to an undergraduate or graduate degree in early childhood education, elementary or secondary education, or school administration from an institution of higher education and until the eligible student obtains the degree. (c) Mentoring The Secretary shall award grants, on a competitive basis, to institutions of higher education serving American Indian, Alaska Native, or Native Hawaiian students, to enable the institution to establish programs that provide mentoring to all eligible students receiving a stipend under this section. (d) Applications An eligible student desiring a stipend and mentoring under this section shall submit an application— (1) at such time and in such manner as the Secretary shall require; and (2) that includes— (A) a commitment to continue pursuing an undergraduate or graduate degree in early childhood education, elementary or secondary education, or school administration at an institution of higher education during the period for which the eligible student receives a stipend; and (B) a commitment to serve, upon completion of the degree described in subparagraph (A), in a Native-serving school for a minimum of 3 years. (e) Reporting The Secretary shall annually prepare and submit to Congress a report regarding the program carried out under this section, which shall include the numbers and percentages of— (1) eligible students receiving assistance under this section who complete their undergraduate or graduate degree; (2) such students who begin teaching in a Native-serving school upon completion of the degree; and (3) such students who teach in a Native-serving school for 3 years or more. 259C. Bonuses and mentoring for new educators (a) Program authorized The Secretary shall carry out a program through which the Secretary provides bonuses described in subsection (b) and mentoring through grants under subsection (c) to eligible educators employed in Native-serving schools, in order to address— (1) the compensation gap between teaching and other professions; and (2) the additional living expenses that eligible educators face in order to work in Native-serving schools. (b) Bonuses The amount of a bonus under this section shall be— (1) not less than $10,000 for each year of full-time teaching; and (2) increased by $2,000 for each year that the eligible educator is employed in a Native-serving school. (c) Mentoring The Secretary shall award grants, on a competitive basis, to local educational agencies serving Native-serving schools to enable the local educational agencies to establish teacher mentorship programs that provide mentoring to all eligible educators receiving a bonus under this section for the first 3 years of the eligible educator’s employment in a Native-serving school. (d) Applications An eligible educator desiring a bonus and mentoring under this section shall submit an application— (1) at such time and in such manner as the Secretary shall determine; and (2) identifying the Native-serving school in which the eligible educator is employed. (e) Reporting The Secretary shall annually prepare and submit to Congress a report regarding the program carried out under this section, which shall include the numbers and percentages of eligible educators receiving bonuses under this section who teach in Native-serving schools for not less than 3 years. . (c) National Board certification incentive program (1) In general Title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq. ) is amended by adding at the end the following: D National Board certification incentive program 6401. National Board certification incentive program (a) Purposes The purposes of this section are— (1) to improve the skills of qualified individuals who are Indian or Native Hawaiian or who teach Indian or Native Hawaiian people; (2) to provide an incentive for qualified educators to continue to utilize their enhanced skills in elementary schools and secondary schools serving Indian or Native Hawaiian communities; and (3) to increase the retention of highly skilled Indian or Native Hawaiian educators in elementary schools and secondary schools seeking to better incorporate Indian or Native Hawaiian culture and history into the general curriculum. (b) Definitions In this section: (1) Bureau-funded school The term Bureau-funded school has the meaning given the term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (2) Eligible entity The term eligible entity means— (A) a State educational agency in consortium with an institution of higher education; (B) a local educational agency in consortium with an institution of higher education; (C) an Indian tribe or organization or a Native Hawaiian organization, in consortium with a local educational agency and an institution of higher education; (D) an Indian tribe or organization, in consortium with a Bureau-funded school and an institution of higher education; or (E) a Bureau-funded school in consortium with an institution of higher education. (3) Eligible educator The term eligible educator means— (A) a teacher who teaches a minimum number of Indian or Native Hawaiian students, as determined by the Secretary in consultation with Indian tribes or in collaboration with a Native Hawaiian organization; or (B) a teacher who is Indian or Native Hawaiian. (4) Indian The term Indian has the meaning given the term in section 6151. (5) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (6) Native Hawaiian The term Native Hawaiian has the meaning given the term in section 6207. (c) Program authorized The Secretary is authorized to award grants to eligible entities having applications approved under this section to enable such eligible entities to— (1) reimburse eligible educators for out-of-pocket costs associated with obtaining teacher certification or credentialing by the National Board for Professional Teaching Standards; and (2) provide an increase in annual compensation, in an amount equal to not less than $5,000 and not more than $10,000, for eligible educators with a certification from the National Board for Professional Teaching Standards for the duration of the grant under this section. (d) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. (2) Special rule In the case of an eligible entity desiring to utilize all or a portion of a grant under this section for eligible educators identified in subparagraph (B) of subsection (b)(3) who would not also qualify as an eligible educator under subparagraph (A) of such subsection, the eligible entity shall provide an assurance that grant funds will support only those educators who are Native Hawaiian or tribally enrolled or affiliated with an Indian tribe. (e) Awarding of grants In awarding grants under this section, the Secretary shall determine the amount and duration of each grant, which shall not exceed 5 years. (f) Restrictions on compensation increases The Secretary shall require and ensure that individuals who obtain a certification from the National Board for Professional Teaching Standards under this section continue to teach at a school served by the eligible entity through which funding for such certification was obtained as a condition of receiving annual compensation increases provided for in this section. (g) Progress reports (1) In general For every year for which Congress allocates funds for grants under this section, the Secretary shall provide a report on the progress of the eligible entities receiving grants under this section in meeting applicable progress standards, as determined by the Secretary. (2) Dissemination The Secretary shall disseminate each report described in this subsection to each of the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on Indian Affairs of the Senate. (C) The Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives. (D) The Committee on Education and Labor of the House of Representatives. . (2) Table of contents The table of contents for the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 6306 the following: Part D—National Board certification incentive program Sec. 6401. National Board certification incentive program. . (d) Native Language Vitalization and Training Program for Tribal Colleges or Universities and other institutions of higher education serving significant numbers of Native students (1) Program established Part A of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1057 et seq. ) is amended by adding at the end the following: 320A. Native American language vitalization and training program (a) Definitions In this section: (1) Eligible institution Notwithstanding section 312(b), the term eligible institution means— (A) a Tribal College or University; (B) an Alaska Native-serving institution, as defined in section 317(b); or (C) a Native Hawaiian-serving institution, as defined in section 317(b). (2) Native American language The term Native American language has the meaning given the term in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). (3) Tribal College or University The term Tribal College or University has the meaning given the term in section 316(b). (b) Purpose The purpose of this section is to support eligible institutions in preserving and revitalizing endangered Native American languages through curriculum development, instruction, student support, and innovative early childhood education programs and community-based partnerships. (c) Program authorized The Secretary shall establish a program, to be known as the Tribal College or University Native American Language Vitalization and Training Program , to award grants, on a competitive basis, to eligible institutions to enable the eligible institutions to carry out the authorized activities described in subsection (d). (d) Authorized activities Grants awarded under this section shall be used for one or more of the following activities: (1) Native American language-oriented curriculum development and academic and community-based instruction, including educational activities, programs, and partnerships relating to students in early childhood education programs and in kindergarten through grade 12. (2) Native American language-oriented professional development for faculty of eligible institutions, and Native American language-oriented in-service training programs for instructors and administrators of early childhood education programs, elementary schools, and secondary schools. (3) Innovative Native American language programs for students in early childhood education programs and in kindergarten through grade 12, including language immersion programs. (4) Other activities proposed in the application submitted under subsection (e) that— (A) contribute to carrying out the purposes of this section; and (B) are approved by the Secretary in the review and acceptance of such application. (e) Application and other provisions (1) Application An eligible institution desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, consistent with the purpose of this section. (2) Streamlined process Notwithstanding section 393, the Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section. (3) Inclusions An application under this subsection shall include a plan for the program proposed by the eligible institution receiving the grant, including— (A) a description of a 5-year strategy of the eligible institution for meeting the needs of American Indians, Alaska Natives, Native Hawaiians, or Native American Pacific Islanders, as appropriate, in the area served by the institution, and how such plan is consistent with the purpose described in subsection (b); (B) (i) an identification of the population to be served by the eligible institution; (ii) an identification of the status of Native American language understanding and use within that population; and (iii) a description of the manner in which the program will help preserve and revitalize the relevant Native American language; (C) a description of the services to be provided under the program, including the manner in which the services will be integrated with other appropriate activities of the relevant community; and (D) a description, to be prepared in consultation with the Secretary, of the performance measures to be used to assess the performance of the eligible institution in carrying out the program. (4) Priority In awarding grants under this section with funds described in section 399(a)(1)(G)(i), the Secretary shall give priority to eligible institutions that received funding under section 316 in fiscal year 2022. (5) Concurrent funding (A) Tribal College or University An eligible institution that is a Tribal College or University may, concurrently, receive a grant under this section and funds under section 316. (B) Alaska Native-serving institution or Native Hawaiian-serving institution An eligible institution that is an Alaska Native-serving institution or Native Hawaiian-serving institution may, concurrently, receive a grant under this section and funds under section 317. (6) Exemptions Sections 311(d), 313(d), 314, 315, 316(d)(3), 317(d)(3), 318(i), 319(d)(3), 320(d)(3), and 391 shall not apply with respect to a grant awarded under this section. . (2) Appropriations Section 399(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1068h(a)(1) ) is amended— (A) in subparagraph (A), by striking 320 and inserting 320B ; and (B) by adding at the end the following: (G) There is authorized to be appropriated to carry out section 320A, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $40,000,000 for each of fiscal years 2023 through 2028, of which, for each fiscal year— (i) $35,000,000 shall be available for eligible institutions that are Tribal Colleges or Universities, as described in section 320A(a)(1)(A); and (ii) $5,000,000 shall be available for eligible institutions described in subparagraph (B) or (C) of section 320A(a)(1). (H) There is authorized to be appropriated to carry out section 320B, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $5,000,000 for each of fiscal years 2023 through 2028. . 310. Johnson-O’Malley funding (a) In general There is authorized to be appropriated to the Secretary of the Interior to carry out the Act of April 16, 1934 (48 Stat. 596, chapter 147; 25 U.S.C. 5342 et seq. ) (commonly known as the Johnson-O’Malley Act ), and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $240,086,800 for fiscal year 2023 and each fiscal year thereafter. (b) Adjustment The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be increased annually to reflect whichever of the following changes would result in a greater amount: (1) The change in the number of eligible students who are served or potentially served by a contracting party (as defined in subsection (a) of section 7 of the Act of April 16, 1934 (48 Stat. 596, chapter 147; 25 U.S.C. 5348 )), as determined under subsection (b) of that section. (2) An annual increase of 6 percent. 311. Native languages (a) Native American languages grant program Section 816(e) of the Native American Programs Act of 1974 ( 42 U.S.C. 2992d(e) ) is amended— (1) by striking (e) There are authorized to be appropriated and inserting the following: (e) Funding for Native American languages grant program (1) Funding for fiscal years 2020 through 2024 There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, ; and (2) by adding at the end the following: (2) Funding for fiscal years 2025 through 2037 (A) In general There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to carry out section 803C $20,000,000 for each of fiscal years 2025 through 2037. (B) Adjustment for inflation The amount made available under subparagraph (A) for fiscal year 2026 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . (b) Indian education national activities Subpart 3 of part A of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7451 et seq. ) is amended by adding at the end the following: 6134. Funding (a) In general There is authorized to be appropriated to carry out this subpart, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $13,000,000 for each of fiscal years 2023 through 2031. (b) Reservation From the amount made available under subsection (a), $5,000,000 shall be reserved to carry out section 6133. . (c) Native American language resource center Section 603 of the Higher Education Act of 1965 ( 20 U.S.C. 1123 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (2) by inserting after subsection (a) the following: (b) Native American language resource center authorized (1) In general The Secretary is authorized to, after engaging in consultation with Indian tribes and after collaborating with Native Hawaiian organizations, make a grant to, or enter into a contract with, an eligible entity for the purpose of— (A) establishing, strengthening, and operating a Native American language resource and training center as described in paragraph (2); and (B) staffing the center with individuals who have high-level fluency in American Indian, Alaska Native, and Native Hawaiian languages and are experienced with Native American language education in preschool, elementary school, secondary school, adult education, and higher education programs. (2) Purposes of center The Native American language resource center established under paragraph (1) shall serve as a resource to— (A) improve the capacity to teach and learn Native American languages and further Native American language acquisition; (B) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages; (C) allow the United States to fulfill its trust responsibility to Native American communities and address the effects of past discrimination against Native American language speakers; (D) support revitalization of Native American languages; (E) encourage and support the use of Native American languages as a medium of instruction, including use as a medium of education in schools operated by Indian tribes, States, the Federal Government, and Native American language educational organizations; (F) encourage and support the use and development of Native American languages as the medium of instruction for a wide variety of age levels and academic content areas; (G) support metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on well-demonstrated best practices in Native American language medium education; (H) identify barriers to Native American language education and learning within Federal laws and actions needed for alignment with the Native American Languages Act ( 25 U.S.C. 2901 et seq. ); (I) encourage and support elementary schools, secondary schools, and institutions of higher education to include Native American languages in the curriculum in the same manner as other world languages, including through cooperative agreements and distance education, and to grant proficiency in Native American languages the same full academic credit as proficiency in other world languages; (J) encourage and support the development of appropriate teacher preparation programming for the teaching of, and through, Native American languages, including appropriate alternative pathways to teacher certification; (K) provide a resource base to provide information to Federal, Tribal, State, and local governments and Native American educational organizations to allow the spread of best practices in the use, practice, and development of Native American languages in Native American communities, including use in educational institutions; (L) provide a resource base for the use of technology in intensive community-, land-, and archive-based programs, as well as hybrid and collaborative programs in supporting the retention, use, development, and teaching of Native American languages by government and private entities; (M) support the acquisition of distance learning technologies and training for parents, students, teachers, and learning support staff, including the compilation and curation of digital libraries and other online resources in target Native American languages, the development of distance learning curricula appropriate for preschool, elementary school, secondary school, adult education, and postsecondary education, the pedagogical training for teachers, and other efforts necessary to continue Native American language acquisition through distance learning; (N) provide a developmental base from which interested Tribal Colleges and Universities and other Native American entities might develop fully functioning Native American language medium education systems that include associated preschool, elementary school, secondary school, and adult education programs conducted through the medium of Native American languages; (O) provide a means to further collaboration among formal government, institutional, and community-based Native American language programs, resources, and research efforts with additional access to international best practices in indigenous language revitalization; (P) develop a support center system for Native American language participants to gather and share helpful information and experiences; and (Q) address any of the purposes of foreign language centers included under this section if, in doing so, the Native American language resource and training center— (i) does so as a subsidiary activity; (ii) focuses benefits on Native Americans living in Native American communities, or closely tied to such communities; and (iii) ensures that one of the outcomes being strengthened through this subparagraph is the use of one or more Native American languages in a Native American community. (3) Definitions In this subsection: (A) Eligible entity The term eligible entity means— (i) an institution of higher education; (ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; (iii) a consortium of such institutions; (iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages; (v) an Indian tribe; (vi) a consortium of Indian tribes; or (vii) a Native Hawaiian organization. (B) Indian tribe The term Indian tribe has the meaning given the term in section 5 of the Honoring Promises to Native Nations Act . (C) Native American; Native American language The terms Native American and Native American language have the meanings given those terms in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). (D) Native Hawaiian organization The term Native Hawaiian organization has the meaning given the term in section 5 of the Honoring Promises to Native Nations Act . ; and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking subsection (a) and inserting this section . 312. Culturally inclusive education (a) Definitions In this section: (1) Director The term Director means the Director of the Bureau of Indian Education. (2) Eligible program participant The term eligible program participant means— (A) a high school teacher, a teacher of one of the middle grades, or a school leader of a high school or a school that includes one of the middle grades (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); (B) an educational leader or expert who is not employed by a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or an elementary school or secondary school (as such terms are so defined) that is independent of any local educational agency; or (C) a prospective teacher enrolled in a program of postsecondary education coursework or preservice clinical education. (3) Secretary The term Secretary means the Secretary of Education. (b) Program authorized; appropriation (1) Funding There is authorized to be appropriated to carry out this section, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $15,000,000. (2) Donations, gifts, bequests, and devises of property In accordance with chapter 23 of title 36, United States Code, and in furtherance of the purposes of this section, the Director and Secretary are authorized to solicit, accept, hold, administer, invest, and use donated funds and gifts, bequests, and devises of property, both real and personal. (3) Use of funds The Director, in coordination with the Secretary, using funds appropriated under paragraph (1) and resources received under paragraph (2), and including through the engagement of eligible program participants as appropriate— (A) shall develop and nationally disseminate accurate, relevant, and accessible resources to promote understanding about Native American history, the Native American experience, and the legal responsibility of the Federal Government to Indian tribes and Native Hawaiian people, which shall include digital resources and may include other types of resources, such as print resources and traveling exhibitions, with the goal of helping educators overcome barriers to accessing reliable, quality, and accurate resources that will improve awareness and understanding of those subjects; and (B) may carry out one or more of the following Native American education program activities: (i) Development, dissemination, and implementation of principles of sound pedagogy for teaching about Native American history. (ii) Provision of professional development for eligible program participants, such as through— (I) local, regional, and national workshops; (II) teacher trainings in conjunction with Native American history education centers and other appropriate partners; (III) engagement with— (aa) local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); and (bb) high schools and schools that include one of the middle grades (as so defined) that are independent of any local educational agency; and (IV) operation and expansion of a teacher fellowship program to cultivate and support leaders in Native American history education. (iii) Engagement with State and local education leaders to encourage the adoption of resources supported under this section into curricula across diverse disciplines. (iv) Evaluation and research to assess the effectiveness and impact of Native American history education programs, which may include completion of the report required under subsection (e). (4) Applications The Director, in coordination with the Secretary, may seek the engagement of an eligible program participant under paragraph (3) by requiring submission of an application to the Director at such time, in such manner, and based on such competitive criteria as the Director may require. (c) Online Native American education resources (1) Website The Secretary of the Interior shall maintain on the website of the Department of the Interior a special section designated for Native American history and Tribal governance resources to improve awareness and understanding of the Federal trust responsibility and treaty obligations, Tribal governance systems, Native American history in the United States, and cultural assimilation practices of the Indian boarding school experience, as a means to raise awareness about the importance of preventing genocide, hate, and bigotry against any group of people. The website and resources shall be made publicly available. (2) Information distribution The Director shall distribute information about the activities funded under this section through the website of the Department of the Interior, and shall respond to inquiries for supplementary information concerning such activities. (3) Best practices The information distributed by the Director shall include best practices for educators. (d) Engagement of eligible program participants (1) In general An eligible program participant shall be engaged at the discretion of the Director to participate in Native American history education program activities authorized under this section and approved by the Director pursuant to an application described in subsection (b)(4). (2) Engagement period Engagement of eligible program participants under this section shall be for a period determined by the Director. (3) Priority In engaging eligible program participants under subsection (b), the Director shall give priority to applications from such participants who work for or with a local educational agency, or a school that is independent of any local educational agency, that works with an Indian tribe within the territorial boundaries of the State in which the agency or school provides educational services, to develop the appropriate curriculum for the agency or school. (e) Annual report Not later than February 1 of each year, the Director shall submit to Congress a report describing the activities carried out under this section. 313. Alaska Native education programs Part C of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7541 et seq. ) is amended by adding at the end the following: 6307. Funding (a) In general Subject to subsection (b), there is authorized to be appropriated to carry out this part, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $44,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 314. Every Student Succeeds Act implementation (a) Student assessment systems Section 8204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7824 ) is amended by adding at the end the following: (d) Funding There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated— (1) $35,000,000 for fiscal year 2023 to develop assessments consistent with section 1111 for Bureau-funded schools; and (2) $20,000,000 for fiscal year 2024 and each succeeding fiscal year to carry out the assessments consistent with section 1111 for Bureau-funded schools. . (b) Indian education formula grants Subpart 1 of part A of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7521 et seq. ) is amended by adding at the end the following: 6120. Funding (a) In general Subject to subsection (b), there is authorized to be appropriated to carry out this subpart, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $198,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 315. Funding for local Tribal educational agencies and Tribal education offices (a) Definition of Tribal educational agency In this section, the term Tribal educational agency means the agency, department, or instrumentality of an Indian tribe (as defined in section 6132(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452(b) )) that is primarily responsible for supporting the elementary and secondary education of students who are members of the Indian tribe. (b) Funding (1) In general Subject to paragraph (2), there are authorized to be appropriated to make grants to Tribal educational agencies, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, for fiscal year 2023 and each fiscal year thereafter— (A) to the Secretary of Education, $10,000,000; and (B) to the Secretary of the Interior, $10,000,000. (2) Adjustment for inflation The amounts made available under subparagraphs (A) and (B) of paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 316. Graduate opportunities at Tribal Colleges and Universities Part A of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1057 et seq. ) is amended by adding at the end the following: 320B. Strengthening professional and graduate opportunities at Tribal Colleges and Universities (a) Definitions In this section: (1) Eligible institution Notwithstanding section 312(b), the term eligible institution means an institution of higher education that— (A) is a Tribal College or University; and (B) offers a professional certificate or graduate degree program. (2) Tribal College or University The term Tribal College or University has the meaning given the term in section 316(b). (b) Purposes The purposes of this section are to— (1) expand professional and graduate educational opportunities for, and improve the academic attainment of, American Indians and Alaska Natives in high-demand fields and fields in which American Indians and Alaska Natives are underrepresented; and (2) strengthen and enhance the quality of professional and graduate programs at Tribal Colleges and Universities. (c) Program authorized (1) In general The Secretary shall award grants, on a competitive basis, to eligible institutions to enable the eligible institutions to carry out the authorized activities described in subsection (e). (2) Duration A grant awarded under this section shall be for a period of not more than 5 years. (d) Application and award basis (1) Application An eligible institution desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall demonstrate how the grant funds will be used to strengthen graduate and professional opportunities for American Indian and Alaska Native students at Tribal Colleges and Universities. (2) Streamlined process The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section. (3) Priority Notwithstanding section 313(b), in awarding grants under this section, the Secretary shall give priority to institutions receiving funding under section 316 for fiscal year 2022. (e) Authorized activities Grants awarded under this section shall be used for 1 or more of the following activities: (1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes. (2) Construction, maintenance, renovation, and improvement of classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services. (3) Purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials. (4) Support for American Indian and Alaska Native students including outreach, academic support services, mentoring, scholarships, fellowships, and other financial assistance to permit the enrollment of such students in professional certificate programs and graduate degree programs. (5) Establishment or improvement of a development office to strengthen and increase contributions from professional and graduate alumni and the private sector. (6) Assistance in the establishment or maintenance of an institutional endowment to facilitate financial independence pursuant to section 331. (7) Professional and graduate program funds management and administrative management, and the acquisition of equipment, including software, for use in strengthening such funds management and management information systems. (8) Acquisition of real property that is adjacent to the campus in connection with the construction, renovation, or improvement of, or an addition to, a campus facility essential to a professional certificate program or graduate degree program. (9) Education or financial information designed to improve the financial literacy and economic literacy of professional and graduate students, especially with regard to student indebtedness and student assistance programs under title IV. (10) Tutoring, counseling, and student service programs designed to improve academic success. (11) Support of faculty exchanges, faculty development, faculty research, research publication and dissemination, curriculum development, academic instruction, and student research mentoring. (12) Creation and improvement of a facility for broadband or other distance education technology, including purchase or rental of telecommunications technology equipment or services. (13) Collaboration with other institutions of higher education to expand graduate degree programs and professional certificates. (14) Other activities proposed in the application submitted pursuant to subsection (d) that— (A) contribute to carrying out the purposes of this section; and (B) are approved by the Secretary in the review and acceptance of such application. (f) Special rules (1) Concurrent funding An eligible institution that receives a grant under this section may concurrently receive funds under section 316. (2) Limit on number of grants An eligible institution shall not receive more than 1 grant under this section in any fiscal year. (3) Exemption Section 313(d) shall not apply to an eligible institution that receives a grant under this section. . IV Housing 401. Findings Congress finds that— (1) there is a housing crisis in Indian country that has worsened over the 20-year period preceding the date of introduction of this Act; (2) the trust obligations of the Federal Government include providing housing opportunities for Native Americans; (3) funding for the block grant programs under titles I and VIII of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 et seq. , 25 U.S.C. 4221 et seq. )— (A) has not matched inflation; and (B) fails to cover the growing construction costs and demand for housing in Indian country; (4) due in part to a lack of affordable housing, many Native Americans live in overcrowded conditions, resulting in— (A) the average household size for Native Americans exceeding that of the overall average household size in the United States; and (B) overcrowding rates in Tribal areas exceeding that of the overall overcrowding rate in other areas in the United States; (5) lack of access to water is a substantially larger problem in Indian country than in the United States as a whole; and (6) the historical displacement by the Federal Government of Native American communities to remote locations and the ongoing failure of the Federal Government to support the development of adequate infrastructure, including access to water, roads, and other basic utilities, continues to exacerbate housing inequities in Indian country. 402. Sense of Congress It is the sense of Congress that— (1) the Federal Government should provide steady, equitable, noncompetitive, and nondiscretionary funding directly to Indian tribes, Tribal governments, tribal organizations, and Native Hawaiian organizations to support the development of housing; (2) legislation to address the housing needs in Native American, Alaska Native, and Native Hawaiian communities (known as the American Housing and Economic Mobility Act of 2021 , S. 1368 and H.R. 2768, 117th Congress, as introduced in April 2021 and previously supported in a resolution adopted by the National American Indian Housing Council) should be enacted without delay; and (3) the Secretary of Housing and Urban Development should continue to consult with Indian tribes, confer with tribal organizations, and collaborate with Native Hawaiian organizations to ensure that Indian tribes, tribal organizations, and Native Hawaiian organizations are maximizing their capacity and technical expertise to provide for increased housing and infrastructure in their communities. 403. Indian housing block grant program Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4117 ) is amended to read as follows: 108. Funding (a) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to provide grants under this title for fiscal year 2023 and each fiscal year thereafter. (b) Mandatory funding (1) In general On October 1, 2023, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to provide grants under this title $2,500,000,000, to remain available until expended. (2) Inflation adjustment The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (3) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to provide grants under this title the funds transferred under paragraph (1), without further appropriation. . 404. Native Hawaiian housing block grant program Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4243 ) is amended— (1) by striking are authorized and inserting is authorized ; and (2) by striking such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005 and inserting $47,000,000 for fiscal year 2023 and each fiscal year thereafter . 405. Set-aside of USDA rural housing funding for Indian tribes Section 509 of the Housing Act of 1949 ( 42 U.S.C. 1479 ) is amended by adding at the end the following: (g) Set-Aside for Indian Tribes (1) In general For each fiscal year, the Secretary shall set aside and reserve for assistance for Indian tribes (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 )) an amount equal to 5.0 percent in each fiscal year of the aggregate amount of lending authority, budget authority, or guarantee authority, as appropriate, made available for the fiscal year for assistance under each of sections 502, 504, 515, 533, and 538 and of the aggregate amount made available to the Rural Utilities Service to carry out programs or activities. (2) Reallocation The procedure under paragraph (1) for reserving amounts shall provide that any assistance set aside in any fiscal year for Indian tribes that has not been expended by a reasonable date established by the Secretary shall be made available and allocated under the laws and regulations relating to such assistance, notwithstanding this subsection. . 406. Restoring authority of Indian tribes and tribally designated housing entities in certain housing programs (a) Voucher program Section 502 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4181 ) is amended by adding at the end the following: (c) Applicability Subsections (a) and (b) shall not apply with respect to tenant-based assistance provided under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ). . (b) HUD counseling Section 106(a)(4)(A) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(a)(4)(A) ) is amended by striking and State housing finance agencies and inserting State housing finance agencies, and tribally designated housing entities (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 )). . 407. Indian community development block grants Title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) is amended by adding at the end the following: 123. Indian community development block grants (a) In general In addition to any amounts allocated to Indian tribes under section 106(a)(1), there is authorized to be appropriated to the Secretary for grants under this title for Indian tribes, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $150,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Inflationary adjustment The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 408. Loan guarantees for Indian housing (a) Housing and Community Development Act of 1992 Section 184(i)(7) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)(7)) is amended to read as follows: (7) Appropriations (A) In general To carry out this section, there is authorized to be appropriated to the Guarantee Fund, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $20,000,000 for fiscal year 2023 and each fiscal year thereafter. (B) Adjustment for inflation The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . (b) Native American Housing Assistance and Self-Determination Act of 1996 Title VI of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4191 et seq. ) is amended— (1) by striking the first section 606 ( 25 U.S.C. 4191 note) (relating to the effective date); and (2) by adding at the end the following: 607. Authorization of appropriations There are authorized to be appropriated to the Secretary to provide loan guarantees under this title— (1) $10,000,000 for fiscal year 2023; and (2) for fiscal year 2024 and each fiscal year thereafter, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. . 409. Loan guarantees for Native Hawaiian housing Section 184A(j)(7) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13b(j)(7)) is amended— (1) by striking such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005 and inserting $2,500,000 for fiscal year 2023 and each fiscal year thereafter ; (2) by striking There are and inserting the following: (A) In general Subject to subparagraph (B), there is ; and (3) by adding at the end the following: (B) Adjustment for inflation The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 410. Direct housing loans for Native American veterans program (a) Funding reauthorization Section 3763 of title 38, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Funding (1) In general For fiscal year 2023 and each fiscal year thereafter, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $20,000,000 to the Secretary, for deposit in the Account. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . (b) Definition of Native Hawaiian veterans Section 3765(3)(B) of title 38, United States Code, is amended by striking native Hawaiian, as that term is defined in section 201(a)(7) of the Hawaiian Homes Commission Act, 1920 ( Public Law 67–34 ; 42 Stat. 108) and inserting Native Hawaiian, as that term is defined in section 6207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 ) . 411. Tribal HUD–VASH program Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) is amended by adding at the end the following: (E) Indian veterans housing rental assistance program (i) Definitions In this subparagraph: (I) Eligible indian veteran The term eligible Indian veteran means an Indian veteran who is— (aa) homeless or at risk of homelessness; and (bb) living— (AA) on or near a reservation; or (BB) in or near any other Indian area. (II) Eligible recipient The term eligible recipient means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ). (III) Indian; indian area The terms Indian and Indian area have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (IV) Indian veteran The term Indian veteran means an Indian who is a veteran. (V) Program The term Program means the Tribal HUD–VASH program carried out under clause (ii). (VI) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (ii) Program specifications The Secretary shall carry out a rental assistance and supported housing program, to be known as the Tribal HUD–VASH program , in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans. (iii) Model (I) In general Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs. (II) Exceptions (aa) Secretary of housing and urban development After consultation with Indian tribes and collaboration with eligible recipients and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (bb) Secretary of veterans affairs After consultation with Indian tribes and collaboration with eligible recipients and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (iv) Eligible recipients The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients. (v) Funding criteria The Secretary shall, after engaging in Tribal consultation, award grants under the Program based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), except that recipients shall— (I) submit to the Secretary, in a manner prescribed by the Secretary after Tribal consultation, reports on the utilization of rental assistance provided under the Program; and (II) provide to the Secretary information specified by the Secretary after Tribal consultation, to assess the effectiveness of the Program in serving eligible Indian veterans. (vii) Consultation (I) Grant recipients; tribal organizations The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with Indian tribes that are eligible recipients and collaborate with any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program. (II) Indian health service The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program. (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans. (II) Exception The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. (ix) Renewal grants The Secretary may, after Tribal consultation— (I) set aside, from amounts made available to carry out the Program, such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and (II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program. (x) Reporting (I) In general Not later than 1 year after the date of enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall— (aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and (bb) submit a report describing the results of the review under item (aa) to— (AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans’ Affairs, and the Committee on Appropriations of the Senate; (BB) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans’ Affairs, and the Committee on Appropriations of the House of Representatives; and (CC) Indian tribes that request the report. (II) Analysis of housing stock limitation The Secretary shall include in the initial report submitted under subclause (I) a description of— (aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program; (bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and (cc) proposed alternative legislation or regulations developed by the Secretary in consultation or collaboration with recipients of grants under the Program to allow the use of formula current assisted stock within the Program. (xi) Appropriations (I) In general To carry out the Program, there is authorized to be appropriated to the Secretary, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $15,000,000 for fiscal year 2023 and each fiscal year thereafter. (II) Adjustment for inflation The amount made available under clause (i) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 412. Housing improvement program, Bureau of Indian Affairs (a) In general There is authorized to be appropriated to the Director of the Bureau of Indian Affairs to carry out the Housing Improvement Program of the Bureau of Indian Affairs authorized under the Act of November 2, 1921 ( 25 U.S.C. 13 ) (commonly known as the Snyder Act ), and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $400,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (c) Tribal consultation The Bureau of Indian Affairs shall engage in Tribal consultation to ensure that the Housing Improvement Program’s funding formula does not disadvantage Indian tribes of certain sizes or from certain Bureau of Indian Affairs regions. 413. Tribal uninhabitable housing improvement program Title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) is amended by adding at the end the following: 545. Tribal uninhabitable housing improvement program (a) Definitions In this section: (1) Eligible entity The term eligible entity means an Indian tribe or tribal organization located in a rural area that has high levels of overcrowded housing and homelessness. (2) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Educational Assistance Act ( 25 U.S.C. 5304 ). (b) Purpose The purpose of this section is to improve living conditions and prevent homelessness in rural Tribal communities by— (1) assessing the condition of existing housing resources; and (2) preventing those resources from— (A) deteriorating; and (B) becoming uninhabitable. (c) Grants (1) In general The Secretary shall award grants to eligible entities— (A) to repair overcrowded homes to prevent the homes from becoming uninhabitable; (B) to remediate homes that are generally uninhabitable or fail to meet the housing quality standards established under section 8(o)(8)(B) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(8)(B) ); or (C) to repair homes damaged due to climate change and extreme weather. (2) Priority In awarding grants under this subsection, the Secretary may give priority to an eligible entity that is located in a community with levels of overcrowded housing and homelessness that the Secretary determines are among the highest for communities in which eligible entities are located. (3) Use of multiple grants for same project Multiple eligible entities that each receive a grant under this subsection may use the grants for the same project. (d) Administrative costs The Secretary may use not more than 3 percent of the amounts made available to carry out this section— (1) to administer the competition for grants under this section; (2) to provide oversight of grantees; and (3) to collect data on the use of grants awarded under this section. (e) Funding (1) In general There is authorized to be appropriated to the Secretary to provide grants under this section, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $10,000,000 for fiscal year 2023 and each fiscal year thereafter. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (f) Relationship to other assistance The receipt by an eligible entity of a grant under this section shall not affect the eligibility of the eligible entity for any other assistance provided by the Secretary. . 414. Coordinated Environmental Review Process Workgroup (a) Establishment There is established a workgroup, to be known as the Coordinated Environmental Review Process Workgroup (referred to in this section as the Workgroup ), consisting of the head (or a designee) of each of— (1) the Department of Agriculture; (2) the Department of Commerce; (3) the Department of Energy; (4) the Department of Health and Human Services; (5) the Department of Housing and Urban Development; (6) the Department of the Interior; (7) the Department of Transportation; (8) the Council on Environmental Quality; and (9) the Environmental Protection Agency. (b) Chairperson The Secretary of Housing and Urban Development (or a designee) shall— (1) serve as chairperson of the Workgroup; and (2) be responsible for convening meetings and coordinating the activities of the Workgroup. (c) Duties The Workgroup shall— (1) assess whether each member agency of the Workgroup has adopted the recommendations made in the report entitled Coordinated Environmental Review Process Final Report and dated December 15, 2015, prepared by the Department of Housing and Urban Development, in collaboration with the Coordinated Environmental Review Process Workgroup established pursuant to Senate Report 113–182 (2014), accompanying S. 2438, 113th Congress; (2) to the extent that any recommendation described in paragraph (1) has not been implemented, establish a plan for implementation of the recommendation; and (3) prepare and submit to Congress the reports required under subsection (d). (d) Reports (1) Initial Not later than 18 months after the date of enactment of this Act, the Secretary of Housing and Urban Development, in collaboration with the Workgroup, shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing— (A) the results of the assessment under subsection (c)(1); (B) any plan established under subsection (c)(2); and (C) its plan to engage in Tribal consultation regarding implementation. (2) Updates Not later than 1 year after the date of submission of the report under paragraph (1), and not less frequently annually thereafter, the Secretary of Housing and Urban Development, in collaboration with the Workgroup, shall submit to the Committees described in that paragraph an updated report in accordance with that paragraph. V Economic development 501. Findings Congress finds that— (1) the Federal Government has failed to honor its trust responsibility to promote Tribal self-determination through the support of economic development on Tribal lands; (2) the Federal Government has failed to assist Indian tribes with the individualized economic development necessary for Indian tribes— (A) to exercise self-determination; and (B) to make knowledgeable decisions as to how to best develop and manage the resources on Tribal lands for the benefit of the Indian tribe; (3) Native Americans experience— (A) a poverty rate that is approximately twice the national average; and (B) higher rates of unemployment than any other group of people in the United States; (4) due to the remote location of many Indian tribes, individuals may have long commutes, which are further exacerbated by inadequate roads and infrastructure due to chronic underfunding and lack of transportation; (5) Indian tribes have had limited access to, or, in many cases, no direct access to, electricity, water, broadband, and adequate infrastructure; (6) (A) only 65 percent of American Indians and Alaska Natives living on Tribal lands have access to fixed broadband services; (B) only 69 percent of American Indian, Alaska Native, and Native Hawaiian households residing on rural Tribal lands have telephone services; and (C) the lack of access described in subparagraphs (A) and (B) is in stark contrast with the national average of 98 percent of households that have access to telephone services, and 92 percent of individuals living outside of Tribal lands that have access to fixed broadband services; (7) approximately 1,500,000 people living on Tribal lands lack access to broadband; (8) 75 percent of rural Indian Health Service facilities still lack reliable broadband networks for American Indians and Alaska Natives to access telehealth or clinical health care services, which is a critical need in the most geographically isolated areas of the United States, furthering economic inequities on Tribal lands; (9) according to the Bureau of Indian Education, up to 95 percent of Native American students at some Bureau of Indian Education schools cannot access internet services at home; (10) lack of internet access negatively affects the ability to conduct business online, which took on increased importance since the beginning of the Coronavirus Disease 2019 (COVID–19) pandemic; and (11) very few Indian tribes have established telecommunications companies to provide residential phone and internet services. 502. Sense of Congress It is the sense of Congress that— (1) Congress should determine and provide the funding needed to meet the essential utilities and core infrastructure needs on Tribal lands, such as electricity, water, telecommunications, and roads; (2) Congress should— (A) provide direct, mandatory funding to Indian tribes and the Department of Hawaiian Home Lands; and (B) allow Indian tribes and the Department of Hawaiian Home Lands to leverage Federal funding; (3) in cases in which Federal infrastructure projects occur on or affect Tribal lands or Tribal or Native Hawaiian communities, the Federal Government should engage in, as applicable— (A) consistent, transparent, and deferential consultation with Indian tribes; and (B) consistent, transparent, and deferential collaboration with the Department of Hawaiian Home Lands and Native Hawaiian organizations; (4) the Federal Government should include Tribal sovereignty principles for Indian tribes to manage and self-govern natural resources, including electromagnetic spectrum over Tribal lands, in accordance with the Federal trust responsibility and acknowledgment of their sovereignty, to promote economic development and self-management of those modern natural resources; (5) the Federal Government should clarify the inherent ownership by Indian tribes and Native Hawaiian organizations of spectrum licenses and spectrum over Tribal lands and Hawaiians, and preserve that ownership, in furtherance of the Federal trust responsibility over, and Indian and Native Hawaiian self-governance of their own modern natural resources; (6) the Federal Government should— (A) diminish the effect of the Tribal priority filing windows, auctions for spectrum licenses over Tribal lands, and assignment and leasing of spectrum over Tribal lands carried out by the Federal Communications Commission; (B) ensure the competitive bidding authority of the Federal Communications Commission does not apply to licenses or construction permits issued by the Commission over Tribal lands and Hawaiian home lands; and (C) permanently eliminate the public availability of spectrum over Tribal lands and Hawaiian home lands; and (7) legislation to address the lack of spectrum access by Indian tribes over Tribal lands and to deploy wireless broadband services, in furtherance of Tribal sovereignty (known as the DIGITAL Reservations Act or the Deploying the Internet by Guaranteeing Indian Tribes Autonomy over Licensing on Reservations Act , S. 4331 and H.R. 7774, 116th Congress, as introduced on July 27, 2020, and July 24, 2020, respectively), should be enacted without delay. A Economic development, infrastructure, and investments 511. Tribal transportation program (a) In general There are authorized to be appropriated to carry out the tribal transportation program under section 202 of title 23, United States Code, and there are appropriated, out of any monies in the Treasury not otherwise appropriated— (1) for each of fiscal years 2023 through 2025, $1,000,000,000; and (2) for fiscal year 2026 and each fiscal year thereafter, $800,000,000. (b) Adjustment for inflation The amounts made available under subsection (a) for fiscal year 2027 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (c) Obligation limitation The limitation on obligations for Federal-aid highway and highway safety construction programs for each fiscal year shall not apply to the amounts made available under subsection (a). (d) Treatment Amounts made available under subsection (a) shall be available for obligation in accordance with section 201 of title 23, United States Code. 512. Tribal high priority projects program Section 1123(h) of MAP–21 ( 23 U.S.C. 202 note; Public Law 112–141 ) is amended by striking paragraph (2) and inserting the following: (2) Appropriation There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to carry out the program $50,000,000 for fiscal year 2023 and each fiscal year thereafter. . 513. Bureau of Indian Affairs road maintenance program (a) In general There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, to the Director of the Bureau of Indian Affairs to carry out the road maintenance program of the Bureau— (1) for each of fiscal years 2023 through 2027, $100,000,000; and (2) for fiscal year 2028 and each fiscal year thereafter, $50,000,000. (b) Adjustment for inflation The amounts made available under subsection (a) for fiscal year 2029 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 514. Tribal transit program Section 5311 of title 49, United States Code, is amended— (1) in subsection (c), by striking paragraph (2) and inserting the following: (2) Public transportation on Indian reservations (A) Appropriation For fiscal year 2023 and each fiscal year thereafter, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $75,000,000 for grants to Indian tribes for any purpose eligible under this section, under such terms and conditions as may be established by the Secretary. (B) Apportionment Amounts made available under subparagraph (A) shall be apportioned as formula grants, as provided in subsection (j). (C) Adjustment for inflation The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. ; and (2) in subsection (j)(1)(A), in the matter preceding clause (i), by striking described in subsection (c)(2)(B) and inserting made available under subsection (c)(2)(A) . 515. Tribal transportation technical assistance program (a) In general For fiscal year 2023 and each fiscal year thereafter, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $7,500,000 to carry out the tribal transportation technical assistance program under section 504(b)(2)(D)(ii) of title 23, United States Code. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (c) Obligation limitation The limitation on obligations for Federal-aid highway and highway safety construction programs for each fiscal year shall not apply to the amounts made available under subsection (a). (d) Treatment Amounts made available under subsection (a) shall be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code. (e) Tribal consultation In carrying out the tribal transportation technical assistance program under section 504(b)(2)(D)(ii) of title 23, United States Code, the Secretary of Transportation shall engage in Tribal consultation. 516. Rural development tribal technical assistance program (a) In general Subject to subsection (b), for each of fiscal years 2023 through 2032, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $2,000,000 to the Secretary of Agriculture to provide technical assistance under section 6302 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 2671 ). (b) Adjustment for inflation The amount made available under subsection (a) for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 517. Native American community development financial institutions assistance program (a) Non-Federal share Section 108(e) of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4707(e) ) is amended— (1) in paragraph (1)— (A) in the third sentence, by striking The Fund shall provide no assistance and inserting the following: (iii) Prohibition Subject to subparagraph (B), no assistance may be provided by the Fund ; (B) in the second sentence, by striking Such matching funds and inserting the following: (ii) Form The matching funds required under clause (i) ; (C) by striking the paragraph designation and heading and all that follows through Assistance in the first sentence and inserting the following: (1) Matching requirement (A) Requirement (i) In general Subject to subparagraph (B) and paragraph (2), assistance ; and (D) by adding at the end the following: (B) Waiver for certain individuals and entities The requirements of subparagraph (A) shall not apply to any individual or entity using the assistance provided under this section only for the benefit of Indians, Alaska Natives, Native Hawaiians, or an Indian tribe. ; and (2) in paragraph (2), in the matter preceding subparagraph (A), by striking paragraph (1) and inserting paragraph (1)(A) . (b) Funding Section 121 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4718 ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Funding for Indians (1) In general There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, to the Fund for the purpose of providing financial assistance, technical assistance, training, and outreach programs to benefit Indian tribes, primarily through Native Community Development Financial Institutions with experience and expertise in community development banking and lending in Indian country, and that are committed to working with Indian organizations, Indian tribes, tribal organizations, and other appropriate individuals and entities— (A) for fiscal year 2023, $55,000,000; (B) for fiscal year 2024, $65,000,000; (C) for fiscal year 2025, $70,000,000; (D) for fiscal year 2026, $75,000,000; and (E) for fiscal year 2027 and each fiscal year thereafter, $80,000,000, subject to paragraph (2). (2) Adjustment for inflation The amounts made available under paragraph (1)(E) for fiscal year 2028 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 518. Tribal revolving funds (a) Federal Water Pollution Control Act Section 518 of the Federal Water Pollution Control Act ( 33 U.S.C. 1377 ) is amended— (1) in subsection (c)(2), by striking 0.5 percent and not more than 2.0 percent and inserting 5 percent ; and (2) in subsection (f), in the second sentence, by striking subsection (d) of this section and inserting subsection (e) . (b) Safe Drinking Water Act Section 1452(i)(1) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(i)(1) ) is amended— (1) in the second sentence, by striking Except as and inserting the following: (B) Use of grants Except as ; and (2) by striking the paragraph designation and heading and all that follows through may be used by the Administrator in the first sentence and inserting the following: (1) Grants (A) In general Notwithstanding any other provision of law, not less than 5 percent of the amounts made available for each fiscal year to carry out this section shall be used by the Administrator . 519. Tribal water pollution control Section 106 of the Federal Water Pollution Control Act ( 33 U.S.C. 1256 ) is amended by striking subsections (b) and (c) and inserting the following: (b) Allotment Of the amounts made available to carry out this section for each fiscal year, the Administrator shall— (1) subject to paragraph (2), make allotments to States and interstate agencies in accordance with such regulations as the Administrator may promulgate, based on the extent of the pollution problem in each State; and (2) notwithstanding any other provision of law, allot to Indian tribes not less than 20 percent. (c) Amount The Administrator may pay to each State, Indian tribe, and interstate agency for each fiscal year an amount equal to the lesser of— (1) the allotment of the State, Indian tribe, or interstate agency for the fiscal year under subsection (b); and (2) the reasonable costs, as determined by the Administrator, of developing and carrying out a pollution program by the State, Indian tribe, or interstate agency during the fiscal year. . 520. Rural utilities service water and waste disposal program Section 306C(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926c(e) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking Subject to paragraph (2), there and inserting There ; (B) in subparagraph (A), by adding and after the semicolon at the end; (C) in subparagraph (B), by striking ; and at the end and inserting a period; and (D) by striking subparagraph (C); and (2) in paragraph (2)— (A) by striking paragraph (1)(C) and inserting this paragraph ; and (B) by striking the paragraph designation and heading and all that follows through An entity and inserting the following: (2) Indians and indian tribes (A) Funding (i) In general Subject to subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated $100,000,000 to the Secretary to provide grants and loans under this section to benefit Indians and Indian tribes (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). (ii) Adjustment for inflation The amount made available under clause (i) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (B) Exception An entity . 521. Funding for Claims Resolution Act of 2010 Section 101(e)(1) of the Claims Resolution Act of 2010 ( Public Law 111–291 ; 124 Stat. 3067) is amended— (1) in subparagraph (B), by striking Settlement and inserting Settlement, and during the 10-year period beginning on the date of enactment of the Honoring Promises to Native Nations Act ; and (2) in subparagraph (C), by adding at the end the following: (iii) Additional appropriation In addition to amounts deposited in the Trust Land Consolidation Fund under clause (i) and subparagraph (D), not later than 1 year after the date of enactment of the Honoring Promises to Native Nations Act , the Secretary of the Treasury shall deposit in the Trust Land Consolidation Fund $1,900,000,000. . B Spectrum sovereignty and broadband deployment on Tribal lands 531. Tribal Broadband Fund (a) Establishment The Commission shall establish, as a permanent Federal universal service support mechanism under section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ), a mechanism to be known as the Tribal Broadband Fund . (b) Annual amount of support (1) Initial amount The amount of Federal universal service support provided through the Tribal Broadband Fund shall be $1,000,000,000 for fiscal year 2023. (2) Proportional adjustment For fiscal year 2024 and each fiscal year thereafter, the amount specified in paragraph (1) shall be adjusted so that the amount of Federal universal service support provided through the Tribal Broadband Fund for such subsequent fiscal year bears the same proportion to the amount of Federal universal service support provided through all Federal universal service support mechanisms other than the Tribal Broadband Fund for such subsequent fiscal year as the proportion that $1,000,000,000 bears to the amount of Federal universal service support provided through all Federal universal service support mechanisms other than the Tribal Broadband Fund for fiscal year 2023. (c) Provision of support The Commission shall use the Tribal Broadband Fund to provide Federal universal service support to Indian tribes, Department of Hawaiian Home Lands, and qualifying Tribal entities to provide— (1) technical assistance, deployment of broadband infrastructure, maintenance, planning, training, and digital literacy programs to increase broadband services and network buildout on Tribal lands, in addition to further economic development initiatives for all spectrum on Tribal lands, including radio, television, broadcast, commercial, and noncommercial uses, and current generation or better broadband services; (2) infrastructure for middle mile and long-haul fiber buildout, adoption of digital literacy, and other related resources to expedite the immediate deployment of, and full access to, telecommunications, broadband, spectrum use and future development, and wireless services (including broadband service); and (3) other smart infrastructure development and integration on Tribal lands, and other related activities to ensure Tribal lands have full access to high-speed broadband services, telecommunications services, and other sovereignty of communications infrastructure covering Tribal lands. (d) Prioritization In allocating funds from the Tribal Broadband Fund, the Commission— (1) shall prioritize locations where telecommunications or broadband services have left residents underserved; and (2) may use funds in locations described in paragraph (1) for last mile fiber, middle mile fiber, backhaul transit, interconnection, and other costs and repairs to damaged infrastructure. (e) Technical assistance The Commission shall provide requested technical assistance, training programs, and grants to assist Indian tribes, qualifying Tribal entities, the Department of Hawaiian Home Lands, inter-Tribal government organizations, and Tribal Colleges and Universities for the purpose of immediate deployment of telecommunications or broadband services or infrastructure development over Tribal lands. (f) Final order Not later than 18 months after the date of enactment of this Act, the Commission shall release a final order adopting rules and policies associated with the establishment, implementation, and administration of the Tribal Broadband Fund. (g) Rule of construction Nothing in this section shall be construed to limit or prevent an Indian tribe, the Department of Hawaiian Home Lands, or a qualifying Tribal entity from accessing existing or additional funding through the Commission or any other Federal agency. 532. Office of Native Affairs and Policy, Federal Communications Commission (a) Technical assistance (1) In general The Commission, acting through the Office of Native Affairs and Policy and at the request of an Indian tribe, the Department of Hawaiian Home Lands, or a qualifying Tribal entity, shall provide technical assistance to apply for and participate in— (A) the Tribal Broadband Fund; (B) other Federal universal service support mechanisms; (C) other Federal funding opportunities for broadband or infrastructure development; and (D) the Tribal Spectrum Market established under section 534. (2) Priority A request for technical assistance made under this subsection from an Indian tribe, the Department of Hawaiian Home Lands, or a qualifying Tribal entity shall receive priority where telecommunications or broadband services on Tribal lands— (A) have not been deployed; or (B) have been inadequately deployed to provide broadband services over those Tribal lands, resulting in unserved and underserved Tribal residents. (3) Additional assistance The assistance under this subsection includes assistance for associated backhaul, repairs to damaged infrastructure, or new infrastructure to deploy broadband service. (b) Additional technical assistance In addition to the technical assistance provided under subsection (a), the Commission shall provide technical assistance that includes training programs and grant assistance to Indian tribes, qualifying Tribal entities, the Department of Hawaiian Home Lands, inter-Tribal government organizations, Tribal Colleges and Universities, and colleges and universities with Tribal-serving institutions with expertise on Tribal broadband policy for the purpose of immediate deployment of telecommunications or broadband services and infrastructure over Tribal lands. (c) Engagement with the Department of the Interior, Department of Commerce, and Commission The Secretary of the Interior, the Secretary of Commerce, and the Commission shall provide technical assistance to Indian tribes, the Department of Hawaiian Home Lands, and qualifying Tribal entities (and, if located on Tribal lands, to schools, libraries, health care facilities, public safety entities, Tribal chapter houses, community centers, government buildings of an Indian tribe, and locations where Tribal, State, and Federal elections and census activities are carried out) to resolve barriers to the deployment and adoption of broadband service and other services provided using spectrum, including the following: (1) Classes or other education related to computer literacy. (2) Acquisition of computers and related hardware and software. (3) Use of broadband service and computers for public safety and emergency communications services and interoperability. (4) Use of spectrum and wireless broadband service and computers where Tribal, State, and Federal elections and census activities are carried out. (5) Use of spectrum and broadband service and computers to respond to public emergencies, including health and biohazard threats and natural disasters. (6) Such other areas as the Commission, or a relevant Federal agency that has a role conducting activities on Tribal lands, determines to be advisable to increase the deployment and adoption of broadband service and other services provided using spectrum on Tribal lands, or where an Indian tribe, the Department of Hawaiian Home Lands, or a qualifying Tribal entity holds a valid and active spectrum license or right-of-way access. (d) Rule of construction Nothing in this section may be construed to limit or supersede— (1) the responsibilities of the Commission or another Federal agency; or (2) the engagement with Indian tribes, the Department of Hawaiian Home Lands or Native Hawaiian communities, and qualifying Tribal entities by the Commission or any other Federal agency. (e) Appropriations amendment Section 6 of the Communications Act of 1934 ( 47 U.S.C. 156 ) is amended— (1) in the section heading, by inserting ; appropriations after authorization of appropriations ; and (2) by adding at the end the following: (c) Office of Native Affairs and Policy (1) In general For necessary expenses of the Office of Native Affairs and Policy of the Commission, there is authorized to be appropriated to the Commission, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $950,000 for each of fiscal years 2023 through 2031. (2) ONAP Federal Funding Director (A) Establishment The Commission shall use 20 percent of the funding appropriated pursuant to paragraph (1) to establish within the Office of Native Affairs and Policy of the Commission a position of Federal Funding Director. (B) Duties The Federal Funding Director shall have the following duties: (i) Coordinate with Indian tribes, the Department of Hawaiian Home Lands, and interested qualifying Tribal entities to access the funding opportunities of the Commission or other funding opportunities that may be available through another Federal agency, and assist with the application processes for the Tribal Broadband Fund and other universal service contributions or accounts, auctions proceeds, or any other accounts or reserve funds available to the Commission, for the purpose of providing a source of support for infrastructure deployment, middle mile and long-haul fiber buildout, adoption of digital literacy, and other related resources for the deployment of and full access to telecommunications, broadband, spectrum use and future development, and wireless services (including wireless broadband service) for effective and efficient use on Tribal lands. (ii) Coordinate with other Federal agencies that provide telecommunications and infrastructure funding to Indian tribes, the Department of Hawaiian Home Lands, or interested qualifying Tribal entities to assist with expedited broadband service and other telecommunications deployment over Tribal lands. (3) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (4) Definitions In this subsection, the terms defined in section 539 of the Honoring Promises to Native Nations Act shall have the meanings given those terms in that section. . 533. Immediate deployment of broadband service on Tribal lands (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) an Indian tribe; (B) a qualifying Tribal entity; and (C) the Department of Hawaiian Home Lands. (2) Secretary The term Secretary means the Secretary of Agriculture. (b) Grants (1) Community facilities grant program (A) In general The Secretary shall use amounts appropriated under subsection (c)(1)(A) to provide grants under the community facilities grant program under section 306(a)(19) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(19) ) to eligible entities for the deployment of broadband service on Tribal lands, if the eligible entity would be eligible for a grant under that section for the deployment. (B) Eligible costs An eligible entity that receives a grant under subparagraph (A) may use the grant amount for costs for the immediate deployment of broadband service on Tribal lands, including— (i) backhaul costs; and (ii) costs of repairs to damaged infrastructure, if the cost of the repairs would be less than the cost of new infrastructure. (C) Prioritization In making grants under subparagraph (A), the Secretary shall give priority to the deployment of telecommunications or broadband services on Tribal lands on which the services have not been deployed or have been inadequately deployed, including— (i) middle mile fiber; (ii) backhaul transit, interconnection, and other costs; and (iii) repairs to damaged infrastructure, the cost of the repairs to which would be less than the cost of new infrastructure. (D) Federal share Notwithstanding section 306(a)(19)(B) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(19)(B) ), the Federal share of the cost of a project carried out using a grant under subparagraph (A) shall be 100 percent. (2) Essential community facilities technical assistance and training (A) In general The Secretary shall use amounts appropriated under subsection (c)(1)(B) to provide grants to eligible recipients described in subparagraph (C) under the community facilities technical assistance and training grant program under section 306(a)(26) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(26) ) to assist eligible entities in— (i) preparing applications for grants under paragraph (1)(A); and (ii) receiving technical assistance and training from an entity to which a community facilities technical assistance and training grant has been made under that section. (B) Applicability Subparagraph (A) shall be carried out without regard to— (i) subparagraphs (B) and (C) of section 306(a)(26) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(26) ); and (ii) any requirements described in subparagraph (A) of that section relating to eligibility to receive— (I) a grant under that section; or (II) technical assistance and training from an entity receiving a grant under that section. (C) Eligible recipients An entity shall be eligible to receive a grant under subparagraph (A) if the entity is— (i) eligible for a grant under the community facilities technical assistance and training grant program under section 306(a)(26) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(26) ), without regard to subparagraphs (B) and (C) of that section, to assist an eligible entity in preparing an application for a grant under that section; or (ii) an inter-Tribal government organization, a Tribal College or University, or a university or college with a Tribal-serving institution with expertise in Tribal broadband policy. (c) Funding (1) In general There are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, to the Secretary for each of fiscal years 2023 through 2031— (A) $300,000,000 to provide grants under subsection (b)(1); and (B) $5,000,000 to provide grants under subsection (b)(2). (2) Adjustment for inflation The amount made available under each of subparagraphs (A) and (B) of paragraph (1) for each of fiscal years 2024 through 2031 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (3) Availability The amounts made available under paragraph (1) shall remain available until expended. 534. FCC Tribal spectrum market (a) Establishment (1) In general The Commission shall conduct a rulemaking proceeding to establish a new Tribal Spectrum Market. (2) Purpose The Tribal Spectrum Market shall be an optional forum solely for the participation of Indian tribes, qualifying Tribal entities, and the Department of Hawaiian Home Lands to engage with other Indian tribes, other qualifying Tribal entities, and the Department of Hawaiian Home Lands (as applicable) for leasing and assignment opportunities for the purpose of economic and business development on Tribal lands for participants that choose to participate. (3) No effect on participation in other forums or markets Participation in the Tribal Spectrum Market shall not prevent an Indian tribe, the Department of Hawaiian Home Lands, or a qualifying Tribal entity from participating in any other auction forum or secondary spectrum market. (b) Availability of spectrum In furtherance of the Federal trust responsibility and Tribal self-governance, and to develop robust economic resources on Tribal lands, the Commission shall— (1) make all unused and newly allocated spectrum over Tribal lands available to other Indian tribes, the Department of Hawaiian Home Lands, and qualifying Tribal entities through the Tribal Spectrum Market; and (2) notify other Indian tribes, the Department of Hawaiian Home Lands, and other qualifying Tribal entities of the availability of unused and newly allocated spectrum under paragraph (1). (c) Consent requirement Participants shall provide written consent to the Commission to make their unused spectrum over Tribal lands available to other Indian tribes, the Department of Hawaiian Home Lands, or other qualifying Tribal entities, as applicable, through the Tribal Spectrum Market. 535. E-rate Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ) is amended— (1) in subsection (h)(4), by inserting , except as provided in subsection (m), before is a library or library consortium ; and (2) by adding at the end the following: (m) E-Rate support for Indian Tribes (1) Definitions In this subsection— (A) the term E-rate program means the universal service program for schools and libraries authorized under subsection (h)(1)(B), the rules of which are set forth under subpart F of part 54 of title 47, Code of Federal Regulations (or any successor regulation), as authorized under subsection (h)(2)(A); (B) the term E-rate support means universal service discounts on eligible services in accordance with subpart F of part 54 of title 47, Code of Federal Regulations (or any successor regulation), as authorized under subsection (h)(2)(A); (C) the term Indian tribe has the meaning given the term in section 5 of the Honoring Promises to Native Nations Act ; and (D) the term qualifying anchor institution means a facility owned by an Indian tribe, including a Tribal Government building, chapter house, longhouse, community center, senior center, or other similar public building. (2) Eligibility of Tribal libraries and qualifying anchor institutions for e-rate support (A) Designation of Tribal libraries as libraries eligible for e-rate support (i) In general An Indian tribe that is eligible for support under section 261 of the Library Services and Technology Act ( 20 U.S.C. 9161 ) may designate a Tribal library or Tribal library consortium as a library or consortium that is eligible for E-rate support, without regard to whether the library or library consortium is eligible for assistance from a State Library Administrative Agency under the Library Services and Technology Act ( 20 U.S.C. 9121 et seq. ), if the library or library consortium is eligible for support from an Indian tribe under such section 261. (ii) Rule of construction Nothing in clause (i) shall be construed to exempt a Tribal library from any requirement under the E-rate program not described in that clause, including the other requirements relating to eligible recipients under section 54.501 of title 47, Code of Federal Regulations (or any successor regulation). (B) Tribal anchor institution program (i) In general The Commission, in consultation with the Institute of Museum and Library Services and any other agency with relevant responsibilities, shall establish a program to be known as the Tribal Anchor Institution Program , under which the Commission shall provide E-rate support to Indian tribes for qualifying anchor institutions designated by the Indian tribes. (ii) Eligibility (I) In general To be eligible to obtain E-rate support under this subparagraph, a Tribal Government may not have a Tribal library eligible for the E-rate program within the Tribal community. (II) Requirements E-rate support obtained under this subparagraph shall only be available for an Indian tribe if— (aa) the proposed qualifying anchor institution is exclusively owned by the Indian tribe; and (bb) the proposed qualifying anchor institution intends to deliver publicly available internet access to students, teachers, librarians, and members of the community for educational purposes. (III) Rule of construction Nothing in this clause shall be construed to provide the Commission with the authority to modify the eligibility requirements described in this clause. (3) Set-aside for Indian Tribes Of the amount made available for the E-rate program in any fiscal year beginning after the date of enactment of this subsection, 5 percent shall be used for E-rate support for Tribal elementary and secondary schools (as defined in subsection (h)(7)), Tribal libraries and Tribal library consortia, and qualifying anchor institutions. . 536. ReConnect Program (a) Tribal set-Aside Section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 399), is amended by inserting : Provided further , That 15 percent of such amount shall be reserved for loans and grants to Indian tribes under the pilot program, and a requirement to match part or all of any such loan or grant shall not be imposed on an Indian tribe before the period at the end. (b) Tribal Connectivity Fund (1) Establishment There is established in the Treasury of the United States a fund, to be known as the Tribal Connectivity Fund . (2) Appropriation (A) In general There is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, to the Tribal Connectivity Fund $100,000,000 for each of fiscal years 2023 through 2031, to remain available until expended. (B) Adjustment for inflation The amount made available under subparagraph (A) for each of fiscal years 2024 through 2031 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (3) Use of funds (A) In general Amounts in the Tribal Connectivity Fund shall be available to the Secretary of Agriculture to provide funding for laptops, Wi-Fi hotspots, and other connectivity devices for students attending schools funded by the Bureau of Indian Education, tribally operated schools, or Tribal colleges. (B) Definitions In this paragraph: (i) Wi-fi The term Wi-Fi means a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11 (or any successor standard). (ii) Wi-fi hotspot The term Wi-Fi hotspot means a device that is capable of— (I) receiving mobile advanced telecommunications and information services (based upon Wi-Fi and other wireless standards); and (II) sharing the services with another device. (c) Funding for Bureau of Indian Education information technology infrastructure (1) Appropriation (A) In general Subject to subparagraph (B), there is authorized to be appropriated, out of any monies in the Treasury not otherwise appropriated, and there is appropriated $50,000,000 for each of fiscal years 2023 through 2031, which shall be deposited in the Bureau of Indian Education, Operation of Indian Education Programs, Education Management, Education IT account, to remain available until expended. (B) Adjustment for inflation The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (2) Use of funds The amounts made available under paragraph (1) shall be available to the Secretary of the Interior to provide funding for information technology infrastructure of the Bureau of Indian Education. 537. USDA Office of Tribal Relations (a) Appropriation Subject to subsection (b), there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to the Secretary of Agriculture $2,500,000 for each of fiscal years 2023 through 2031— (1) for the provision to Indian tribes, qualifying Tribal entities, and the Department of Hawaiian Home Lands of services, technical assistance, and expansion of programs for the deployment and build-out of wireless broadband services on Tribal lands; and (2) to ensure that services, technical assistance, and programs described in paragraph (1) and related policies are efficient, easy to understand, accessible, and developed in consultation with affected Indian tribes and the Department of Hawaiian Home Lands. (b) Adjustment for inflation The amount made available under subsection (a) for each of fiscal years 2024 through 2031 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 538. Annual reporting requirements (a) Annual report (1) In general Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Commission shall make publicly available and submit to the entities described in subsection (b)— (A) a report on the deployment of broadband on Tribal lands; (B) a household-level mapping of actual broadband speeds adopted by Tribal residents; and (C) an inventory of Tribal spectrum licenses. (2) Contents (A) Collaboration with Tribes and Tribal entities The report under paragraph (1) shall include the following information: (i) (I) The work of the Commission with Indian tribes, the Department of Hawaiian Homelands, qualifying Tribal entities, and associated tribal organizations on spectrum-related matters. (II) The efforts of the Commission to bolster Tribal outreach through individual consultation, funding access, expansion of access to broadband or other full use of spectrum over Tribal lands, activities executed through the Office of Native Affairs and Policy, rulemakings that have been executed related to such matters under this Act. (III) General updates. (B) Applicants and license holders (i) In general The report under paragraph (1) shall include data collected by the Commission on whether applicants for licenses, and holders of licenses, for spectrum over Tribal lands are— (I) Indian tribes; (II) the Department of Hawaiian Homelands; (III) qualifying Tribal entities; or (IV) third-party licensees. (ii) Recording requirement The Commission shall require an Indian tribe, the Department of Hawaiian Home Lands, or a qualifying Tribal entity to record the ownership classification of all licenses or other agreements for the use of spectrum over Tribal lands that take effect on or after the date of enactment of this Act. (C) Notification of relevant Indian Tribe or qualifying Tribal entity, or the Department of Hawaiian Home Lands The Commission shall include in the report submitted under paragraph (1) a verification that the Commission has provided information about assigned and unassigned licenses and license holders to the Indian tribe, the Department of Hawaiian Home Lands, or the qualifying Tribal entity where the licenses are geographically located, including a detailed description of the licenses, the license holders, and the entity to which the information was provided. (D) Accessible contact information The Commission shall include in the report submitted under paragraph (1) a verification that the Commission has made contact information easily accessible for Indian tribes, the Department of Hawaiian Home Lands, and qualifying Tribal entities to learn about participation in any opportunities to obtain licenses for spectrum over Tribal lands or secondary market opportunities, including the respective processes. (E) Unserved locations The Commission shall include in the report submitted under paragraph (1) geographic locations on Tribal lands where wireline broadband or wireless telecommunications services have not been built out or deployed. (F) Federal funding availability The Commission shall include in the report submitted under paragraph (1) a description of available Federal funding across all agencies for which Indian tribes, the Department of Hawaiian Home Lands, and qualifying Tribal entities are eligible to apply to further support deployment of broadband and telecommunications services on Tribal lands. (b) Submission of recommendations The entities described in this subsection are— (1) Indian tribes, the Department of Hawaiian Home Lands, and Native Hawaiian organizations; (2) the Department of the Interior; (3) the Committee on Indian Affairs of the Senate; (4) the Committee on Natural Resources of the House of Representatives; (5) the Committee on Commerce, Science, and Transportation of the Senate; (6) the Committee on Energy and Commerce of the House of Representatives; (7) the Native Nations Communications Task Force of the Commission; (8) Tribal organizations with telecommunications expertise; and (9) requesting qualifying Tribal entities. 539. Definitions In this subtitle: (1) Broadband service The term broadband service means internet access service that is delivered— (A) with— (i) except as provided in clause (ii)— (I) a download speed of not less than 100 megabits per second; and (II) an upload speed of not less than 20 megabits per second; or (ii) minimum download and upload speeds established by the Commission after the date of enactment of this Act, if those minimum speeds are higher than the minimum speeds required under clause (i); (B) without any data caps or other service limitations; (C) through— (i) mobile service; (ii) fixed point-to-point multipoint service; (iii) fixed point-to-point service; (iv) broadcast service; or (v) wireline service; and (D) meet the latency requirement set by the Commission to enable real-time video and other streaming services. (2) Commission The term Commission means the Federal Communications Commission. (3) Digital literacy The term digital literacy means information and communications for the purpose of developing support for technological deployment and understanding of issues, including infrastructure deployment, fiber buildout, network connectivity, spectrum market opportunities, associated programs and funding opportunities of the Commission, and other related resources, to expedite the immediate deployment of, and full access to, telecommunications, broadband, spectrum, and wireless services available for effective and efficient use on Tribal lands. (4) Entity that is more than 50 percent owned and controlled by 1 or more Indian Tribes (A) In general The term entity that is more than 50 percent owned and controlled by 1 or more Indian tribes means an entity of which 1 or more Indian tribes have both de facto and de jure control. (B) De jure control For purposes of subparagraph (A), de jure control of an entity shall be evidenced by ownership of greater than 50 percent of the voting stock of a corporation, or in the case of a partnership, general partnership interests. (C) De facto control (i) In general For purposes of subparagraph (A), de facto control of an entity shall be determined on a case-by-case basis. (ii) Indicia of control For purposes of clause (i), an Indian tribe or Indian tribes shall demonstrate indicia of control to establish that the Indian tribe or Indian tribes retain de facto control of the entity, including the following: (I) The Indian tribe or Indian tribes constitute or appoint more than 50 percent of the board of directors or management committee of the entity. (II) The Indian tribe or Indian tribes have authority to appoint, promote, demote, and fire senior executives who control the day-to-day activities of the entity. (III) The Indian tribe or Indian tribes play an integral role in the management decisions of the entity. (IV) The Indian tribe or Indian tribes have the authority to make decisions or otherwise engage in practices or activities that determine or significantly influence— (aa) the nature or types of services offered by the entity; (bb) the terms upon which such services are offered; or (cc) the prices charged for such services. (5) Qualifying Tribal entity (A) In general The term qualifying Tribal entity means an entity designated by the Indian tribe with jurisdiction over particular Tribal lands for which the spectrum access is sought. (B) Eligible entities The following entities may be designated as a qualifying Tribal entity: (i) An Indian tribe. (ii) A Tribal consortia that consists of— (I) not less than 2 Indian tribes; or (II) not less than 1 Indian tribe and 1 entity that is more than 50 percent owned and controlled by 1 or more Indian tribes. (iii) A federally chartered Tribal corporation established under— (I) section 17 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ) (48 Stat. 988, chapter 576; 25 U.S.C. 5124 ); or (II) section 4 of the Act of June 26, 1936 (commonly known as the Oklahoma Welfare Act ) (49 Stat. 1967, chapter 831; 25 U.S.C. 5204 ). (iv) An entity that is more than 50 percent owned and controlled by 1 or more Indian tribes. (6) Spectrum over Tribal lands The term spectrum over Tribal lands means all spectrum on Tribal lands, including wireless, radio, television, broadcast, commercial and noncommercial uses, and current generation or better wireless broadband services. (7) Tribal Broadband Fund The term Tribal Broadband Fund means the permanent Federal universal service support mechanism established by the Commission under section 531. | https://www.govinfo.gov/content/pkg/BILLS-117s5186is/xml/BILLS-117s5186is.xml |
117-s-5187 | II 117th CONGRESS 2d Session S. 5187 IN THE SENATE OF THE UNITED STATES December 5, 2022 Mr. Cassidy (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Harmonized Tariff Schedule of the United States to provide a uniform 8-digit subheading number for all whiskies.
1. Uniform duty treatment of whiskies (a) In general Chapter 22 of the Harmonized Tariff Schedule of the United States is amended by striking subheading 2208.30 and inserting the following, with the article description for subheading 2208.30.00 having the same degree of indentation as the article description for subheading 2208.50.00: 2208.30.00 Whiskies Free $2.04/pf liter . (b) Instruction to United States International Trade Commission The United States International Trade Commission shall add statistical suffixes to subheading 2208.30.00 of the Harmonized Tariff Schedule of the United States, as amended by subsection (a), as follows: 2208.30.0010 Irish or Scotch in containers each holding not over 4 liters 2208.30.0015 Irish or Scotch in containers each holding over 4 liters 2208.30.0020 Bourbon in containers each holding not over 4 liters 2208.30.0025 Bourbon in containers each holding over 4 liters 2208.30.0030 Rye in containers each holding not over 4 liters 2208.30.0035 Rye in containers each holding over 4 liters 2208.30.0040 Other in containers each holding not over 4 liters 2208.30.0045 Other in containers each holding over 4 liters. (c) Effective date The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5187is/xml/BILLS-117s5187is.xml |
117-s-5188 | II 117th CONGRESS 2d Session S. 5188 IN THE SENATE OF THE UNITED STATES December 6, 2022 Mr. Merkley (for himself 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 consumer protections for students.
1. Short title This Act may be cited as the Protecting Students from Worthless Degrees Act . 2. Definitions In this Act: (1) Federal financial assistance program The term Federal financial assistance program means a program authorized and funded by the Federal Government under any of the following provisions of law: (A) Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). (B) Title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq. ). (C) The Adult Education and Family Literacy Act ( 29 U.S.C. 3271 et seq. ). (D) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (E) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (F) Section 1784a, 2005, or 2007 of title 10, United States Code. (2) Freely associated States The term freely associated States means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (3) Institution of higher education The term institution of higher education — (A) with respect to a program authorized under paragraph (1)(A), has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); (B) with respect to a program authorized under paragraph (1)(B), has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); (C) with respect to a program authorized under paragraph (1)(C), has the meaning given the term postsecondary educational institution under section 203 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3272 ); (D) with respect to a program authorized under paragraph (1)(D), has the meaning given the term educational institution under section 3452 of title 38, United States Code; (E) with respect to a program authorized under paragraph (1)(E), means an educational institution that awards a degree or certificate and is located in any State; and (F) with respect to a program authorized under paragraph (1)(F), means an educational institution that awards a degree or certificate and is located in any State. (4) State The term State includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the freely associated States. 3. Protections in occupations requiring State licensure Notwithstanding any other provision of law, an institution of higher education is not eligible to participate in a Federal financial assistance program with respect to any program of postsecondary education or training, including a degree or certificate program and any program offered by distance education or correspondence courses to students located in a State other than where the institution is physically located, that is designed to prepare students for entry into a recognized occupation or profession that requires licensing or other established requirements as a pre-condition for entry into such occupation or profession, unless, by not later than 1 year after the date of enactment of this Act— (1) the successful completion of the program fully qualifies a student, in the metropolitan statistical area in which the student resides, in the State in which the student resides, and in any State in which the institution indicates, through advertising or marketing activities or direct contact with potential students, that a student will be prepared to work in the occupation or profession after successfully completing the program, to— (A) take any examination required for entry into the recognized occupation or profession in the metropolitan statistical area and any State described in this paragraph, including satisfying all Federal, State, or professionally mandated programmatic and specialized accreditation requirements, if any; and (B) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the recognized occupation or profession in any such State; and (2) the institution offering the program provides timely placement for all of the academically related pre-licensure requirements for entry into the recognized occupation or profession, such as clinical placements, internships, or apprenticeships. 4. Certification requirements for gainful employment programs Section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ) is amended— (1) in subsection (a), by adding at the end the following: (30) The institution will— (A) provide to the Secretary not later than the first December 31 following the date of enactment of the Protecting Students from Worthless Degrees Act (or, for any institution that does not have an active program participation agreement as of such date, the first December 31 after the institution enters into the agreement), in accordance with procedures established by the Secretary, a certification signed by the most senior executive officer of the institution that the institution and each of the eligible gainful employment programs included on the eligibility and certification approval report of the institution meet the requirements of subsection (k); (B) include with its certification an explanation of how each eligible gainful employment program is not substantially similar to any ineligible or discontinued program described in subsection (k)(2)(D); and (C) update the certification within 10 days if there are any changes in the approvals for an eligible gainful employment program, or other changes for an eligible gainful employment program that make the existing certification no longer accurate. ; and (2) by adding at the end the following: (k) Certification requirements for gainful employment programs (1) Definition of gainful employment program The term gainful employment program means a program of training that— (A) in order to qualify for assistance under this title, is required under subsection (b)(1)(A)(i) or (c)(1)(A) of section 102, or section 101(b)(1), to satisfy gainful employment requirements; and (B) is offered by an institution eligible to receive assistance under this title. (2) In general Each eligible gainful employment program included on the eligibility and certification approval report of an institution of higher education shall comply with each of the following: (A) The gainful employment program is approved by a recognized accrediting agency or is otherwise included in the institution's accreditation by its recognized accrediting agency, or, if the institution is a public postsecondary vocational institution, the program is approved by a recognized State agency for the approval of public postsecondary vocational education in lieu of accreditation. (B) The gainful employment program is programmatically accredited, if such accreditation is required by— (i) a Federal governmental entity; (ii) a governmental entity in the State in which the institution is located; or (iii) a governmental entity in a State in which the institution is not physically located, if the institution— (I) offers postsecondary education through distance education or correspondence courses to students located in that State; or (II) is otherwise subject to that State’s jurisdiction, as determined by that State. (C) The gainful employment program satisfies the applicable educational prerequisites for professional licensure or certification requirements in the State in which the institution is located or a State described in subparagraph (B)(iii), so that a student who completes the program and seeks employment in any such State qualifies to take any licensure or certification examination that is needed for the student to practice or find employment in an occupation that the program prepares students to enter. (D) The gainful employment program is not substantially similar to a program offered by the institution that, in any of the 3 years prior to the date of the eligibility and certification approval report— (i) became ineligible for funding under this title due to a debt to earning rates measure, or any subsequent outcome measure, that the Secretary determines serves the best interests of students and taxpayers; and (ii) was voluntarily discontinued by the institution. (3) Requirements ensuring student awareness Before an institution offering a gainful employment program enrolls any student who intends to reside, practice, or seek employment in a State for which the program does not satisfy the applicable educational prerequisites for professional licensure or certification requirements needed for that occupation in that State, the institution shall— (A) notify the student that the gainful employment program does not satisfy the prerequisites; and (B) obtain from the student a handwritten statement, in the student's own words and signed by the student, acknowledging that the student wishes to enroll in the gainful employment program despite knowing that the gainful employment program does not meet the licensure or certification requirements for the occupation in the State in which the student intends to reside, practice, or seek employment. (4) Requirements regarding reestablishment of eligibility The institution shall not seek to reestablish the eligibility of a gainful employment program that is ineligible for funding under this subsection until not less than 3 years following the date specified in the notice of determination informing the institution of the program’s ineligibility. . 5. State authorization requirements for distance education programs Section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) is amended— (1) in subsection (a)(2), by inserting , in accordance with subsection (d) before the semicolon; and (2) by adding at the end the following: (d) State authorization (1) In general An institution that offers postsecondary education through distance education or correspondence courses shall meet the requirements of subsection (a)(2) by being legally authorized within each State in which the institution's enrolled students are located, subject to paragraph (2). (2) State authorization reciprocity agreements An institution described in paragraph (1) that is located in a State that participates in a State authorization reciprocity agreement with another State and that is covered by such State authorization reciprocity agreement, is considered to meet State requirements for the institution to be legally offering postsecondary distance education or correspondence courses in the other State— (A) subject to any additional requirements of that State; and (B) if the institution documents, in the manner required by the Secretary, that each State in which the institution's enrolled students are located has a State process— (i) to review and take appropriate action on complaints from any of such enrolled students concerning the institution, including enforcing applicable State law; and (ii) to make the complaints public. (3) State authorization reciprocity agreement defined In this subsection, the term State authorization reciprocity agreement means an agreement between 2 or more States that— (A) authorizes an institution located and legally authorized in a State covered by the agreement to provide postsecondary education through distance education or correspondence courses to students located in other States covered by the agreement; and (B) does not prohibit any State in the agreement from enforcing the State's own statutes and regulations, regardless as to whether such statutes and regulations are general and apply to all educational institutions or specifically directed at a subset of educational institutions. . | https://www.govinfo.gov/content/pkg/BILLS-117s5188is/xml/BILLS-117s5188is.xml |
117-s-5189 | II 117th CONGRESS 2d Session S. 5189 IN THE SENATE OF THE UNITED STATES December 6, 2022 Mr. Brown (for himself, Mr. Casey , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes.
1. Short title This Act may be cited as the Close the Shadow Banking Loophole Act . 2. Industrial banks (a) Definitions In this section: (1) Appropriate Federal banking agency The term appropriate Federal banking agency has the meaning given the term in section 3(q) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(q) ). (2) Corporation The term Corporation means the Federal Deposit Insurance Corporation. (3) Industrial bank The term industrial bank means an entity described in section 2(c)(2)(H) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841(c)(2)(H) ), as in effect on the day before the date of enactment of this Act. (b) Exception from definition of bank Section 2(c)(2)(H) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841(c)(2)(H) ) is amended, in the matter preceding clause (i), by inserting after similar institution the following: which has been approved to receive deposit insurance from the Federal Deposit Insurance Corporation on or before September 23, 2021 (or, with respect to such an entity to which section 2(c) of the Close the Shadow Banking Loophole Act applies, which is in compliance with such section 2(c)), and . (c) Treatment of deposit insurance applications pending on September 23, 2021 (1) In general With respect to an industrial bank that, on the date of enactment of this Act, has an application to receive deposit insurance pending before the Corporation that was submitted on or before September 23, 2021, the Corporation— (A) shall provide for a 90-day public comment period and a public hearing with respect to that application; and (B) may only approve that application by a 2/3 vote of the members of the Board of Directors of the Corporation. (2) Deadline for approving application If the Corporation does not approve an application described in paragraph (1) before September 23, 2023, that application shall be deemed to have been denied. (3) Rule of construction Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act ( 12 U.S.C. 1815 , 1816). (d) Authority with respect to deposit insurance applications granted after September 23, 2021 (1) Definitions In this subsection: (A) Bank; depository institution The terms bank and depository institution have the meanings given those terms in section 2 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 ), as amended by this section. (B) Covered industrial loan company The term covered industrial loan company means an industrial bank that has an application to receive deposit insurance from the Corporation approved after September 23, 2021. (C) Parent company The term parent company means an entity that has control over a covered industrial loan company. (D) Primary financial regulatory agency With respect to a parent company, the term primary financial regulatory agency — (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 ); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. (2) Authority The primary financial regulatory agency with respect to a parent company may take any of the following actions with respect to the parent company: (A) Conduct such examinations of, and obtain reports from, the parent company or any subsidiary of the parent company (other than a bank) as the agency determines necessary or appropriate to assess each of the following: (i) The financial condition of the parent company or subsidiary. (ii) The systems of the parent company or subsidiary for maintaining and controlling financial and operating risks. (iii) The transactions of the parent company or subsidiary with depository institution subsidiaries of the parent company. (B) Impose any conditions or restrictions on the parent company or any subsidiary of the parent company (other than a bank), including restricting or prohibiting transactions between the parent company or subsidiary and any depository institution subsidiary of the parent company, if those conditions or restrictions would promote the safety and soundness of the parent company or any of its depository institution subsidiaries. (e) Change of control (1) In general Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act ( 12 U.S.C. 1817(j) ), of an industrial bank. (2) Exceptions Paragraph (1) shall not apply to a change in control of an industrial bank— (A) that— (i) is in danger of default, as determined by the appropriate Federal banking agency, provided that the entity acquiring control of the industrial bank is an entity described in clause (iii); (ii) results from the acquisition of voting shares of an issuer that controls the industrial bank and the securities of which are listed on a national securities exchange, if, after the acquisition, the acquiring shareholder (or group of shareholders acting in concert) holds less than 25 percent of any class of the voting shares of, and does not otherwise exercise control over, that issuer; or (iii) will be controlled, directly or indirectly, by an entity subject to consolidated supervision by the Board of Governors of the Federal Reserve System as a— (I) bank holding company; (II) savings and loan holding company; or (III) foreign bank that is treated, as of July 1, 2020, as a bank holding company under the International Banking Act of 1978 ( 12 U.S.C. 3101 et seq. ); and (B) that has obtained all regulatory approvals otherwise required with respect to the change in control under any applicable Federal or State law, including section 7(j) of the Federal Deposit Insurance Act ( 12 U.S.C. 1817(j) ). 3. Supervision of parent companies of industrial loan companies The Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. ) is amended by inserting after section 5 ( 12 U.S.C. 1844 ) the following: 6. Supervision of parent companies of industrial loan companies (a) Definitions In this section: (1) Corporation The term Corporation means the Federal Deposit Insurance Corporation. (2) Parent company of an industrial loan company The term parent company of an industrial loan company means a company— (A) that is not directly or indirectly subject to a primary financial regulatory agency (as defined in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 )); and (B) that has control over an entity that— (i) is an industrial loan company, industrial bank, or other similar institution; (ii) is not a bank; and (iii) is not a person regulated by a State insurance regulator, as that term is defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ). (b) Authority relating to a parent company of an industrial loan company (1) In general Subject to paragraph (2), the Corporation shall have the same authority to require a parent company of an industrial loan company (or a subsidiary of such a parent company) to make reports and submit to examinations as the Board has with respect to a bank holding company or a subsidiary of a bank holding company. (2) Conditions In carrying out the report and examination authority described in paragraph (1) and with respect to the parent company of an industrial loan company that has been approved to receive deposit insurance from the Corporation on or before September 23, 2021, the Corporation shall tailor any requirements to the size, complexity, and nature of the business of that parent company. (3) Enforcement The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ), enforce the report and examination authority under this section with respect to a parent company of an industrial loan company (or a subsidiary of such a parent company) to the same extent as the Board may enforce the report and examination authority of the Board with respect to a bank holding company or a subsidiary of a bank holding company. (c) Rule of construction Nothing in this section may be construed as a reduction of the authority of the Corporation, as in effect on the date of enactment of this section. (d) Rulemaking The Corporation may issue rules to implement this section. . 4. Application with respect to contracts and other agreements (a) Definition In this section, the term industrial loan company means an industrial loan company, industrial bank, or other similar institution. (b) Application This Act, and the amendments made by this Act, may not be construed to affect or impair— (1) the authority of the Federal Deposit Insurance Corporation to enter into any agreement with a parent company of an industrial loan company (as defined in section 6 of the Bank Holding Company Act of 1956, as added by section 3 of this Act) or an industrial loan company, or to impose any condition in connection with the approval by the Corporation of an application; or (2) the validity of any agreement described in paragraph (1) entered into before the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5189is/xml/BILLS-117s5189is.xml |
117-s-5190 | II 117th CONGRESS 2d Session S. 5190 IN THE SENATE OF THE UNITED STATES December 6, 2022 Mr. Romney introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To end the treatment of the People’s Republic of China as a developing nation.
1. Short title This Act may be cited as the Ending China's Developing Nation Status Act . 2. Statement of policy It should be the policy of the United States— (1) to refuse entering into any treaty in which the People’s Republic of China— (A) is labeled a developing nation; or (B) receives the benefits of a developing nation under the terms of the treaty; (2) to oppose the labeling or treatment of the People’s Republic of China as a developing nation in each international organization of which the United States and the People’s Republic of China are both current members; and (3) to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members. 3. Definitions In this Act: (1) Appropriate committees of congress The term appropriate committees of Congress means— (A) the Committee on Foreign Relations of the Senate ; and (B) the Committee on Foreign Affairs of the House of Representatives . (2) Secretary The term Secretary means the Secretary of State. 4. Report on the labeling of the People's Republic of China’s development status in current treaty negotiations Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress identifying all current treaty negotiations in which— (1) the proposed treaty develops different standards for the enforcement of the treaty based on the development status of the member states of the treaty; and (2) the People's Republic of China is under consideration for becoming a party to the treaty. 5. Mechanisms for changing development status (a) In general In any international organization of which the United States and the People's Republic of China are both current members, the Secretary shall pursue— (1) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (2) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation. (b) Waiver The President may waive the application of paragraph (1) or (2) of subsection (a) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s5190is/xml/BILLS-117s5190is.xml |
117-s-5191 | II 117th CONGRESS 2d Session S. 5191 IN THE SENATE OF THE UNITED STATES December 6, 2022 Mr. Coons (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to reauthorize the SCORE program, and for other purposes.
1. Short title This Act may be cited as the SCORE for Small Business Act of 2022 . 2. Definitions In this Act: (1) Administration; Administrator The terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively. (2) SCORE Association; SCORE Program The terms SCORE Association and SCORE program have the meanings given those terms in subsection (gg) of section 3 of the Small Business Act ( 15 U.S.C. 632 ), as added by section 6 of this Act. (3) Small business concern The term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). 3. SCORE Program provisions and requirements Section 8 of the Small Business Act ( 15 U.S.C. 637 ) is amended— (1) in subsection (b)(1)(B)— (A) by striking a Service Corps of Retired Executives (SCORE) and inserting the SCORE program ; and (B) by striking SCORE may and inserting the SCORE Association may ; and (2) by striking subsection (c) and inserting the following: (c) SCORE program (1) Cooperative agreement The Administrator shall enter into a cooperative agreement with the SCORE Association to carry out the SCORE program, which shall include the following requirements: (A) Administrator duties The Administrator shall— (i) every 2 years, conduct a financial examination of the SCORE Association to ensure that any costs paid for with Federal funds are allowable, allocable, and reasonable; (ii) review and approve contracts entered into by the SCORE Association to provide goods or services for the SCORE program of a value greater than an amount determined by the Administrator; (iii) maintain a system through which the SCORE Association provides documentation relating to those contracts; and (iv) not later than 30 days after the receipt of a quarterly report on the achievements of the SCORE program submitted by the SCORE Association, reconcile differences between that report and the performance results of the SCORE program reported in a management information system of the Office of Entrepreneurial Development. (B) SCORE Association duties The SCORE Association shall— (i) manage nationwide chapters of the SCORE program; (ii) provide annual training to employees of the SCORE Association on generating and using program income from the SCORE program; (iii) submit documentation to the Administrator verifying the annual training is completed; (iv) maintain separation of funds donated to the SCORE Association from program income and funds received pursuant to a cooperative agreement; and (v) maintain and enforce requirements for volunteers participating in the SCORE program, including requirements that each volunteer shall— (I) based on the business experience and knowledge of the volunteer— (aa) provide personal counseling, mentoring, and coaching on the process of starting, expanding, managing, buying, and selling a business at no cost to individuals who own, or aspire to own, small business concerns; and (bb) facilitate free or low-cost education workshops for individuals who own, or aspire to own, small business concerns; and (II) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. (C) Joint duties The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program— (i) develop and implement plans and goals to effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, or other traditionally underserved communities, including plans for virtual, remote, and web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program; and (ii) reinforce an inclusive culture by recruiting diverse volunteers for the chapters of the SCORE program. (2) Online component In addition to providing in-person services, the SCORE Association shall maintain and expand online counseling services including webinars, electronic mentoring platforms, and online toolkits to further support entrepreneurs. (3) Accounting The SCORE Association shall— (A) maintain a centralized accounting and financing system for each chapter of the SCORE program; (B) maintain a uniform policy and procedures to manage Federal funds received pursuant to a cooperative agreement described in paragraph (1); and (C) maintain an employee of the SCORE Association to serve as a compliance officer to ensure expenditures of the SCORE program are fully compliant with any law, regulation, or cooperative agreement relating to the SCORE program. (4) Compensation The SCORE Association shall— (A) maintain a documented compensation policy that— (i) specifies the maximum rate of pay allowable for any individual in the SCORE Association; (ii) specifies the maximum percent of the aggregate salaries of employees of the SCORE Association that may be spent on individual performance awards to employees of the SCORE Association; and (iii) shall be reviewed annually by the SCORE Association and the Administrator; (B) prohibit payment of salaries or performance awards that exceed the limits set by the SCORE Association compensation policy; and (C) prohibit members of the Board of Directors of the SCORE Association or any employees of the SCORE Association from simultaneously serving on the Board of Directors of, or receiving compensation from, the SCORE Foundation without written approval from the Administrator. (5) Whistleblower protection requirements The SCORE Association shall— (A) annually update all manuals or other documents applicable to employees and volunteers of the SCORE Association or the SCORE program to include requirements relating to reporting procedures and protections for whistleblowers; and (B) conduct an annual training for employees and volunteers of the SCORE Association or the SCORE program on the requirements described in subparagraph (A) and encourage the use of the hotline established by the Office of the Inspector General of the Administration to submit whistleblower reports. (6) Published materials The SCORE Association shall ensure all published materials include written acknowledgment of Administration support of the SCORE program if those materials are paid for in whole or in part by Federal funds. (7) Privacy requirements (A) In general Neither the Administrator nor the SCORE Association may disclose the name, email address, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of the individual or small business concern, unless— (i) the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (ii) the Administrator determines that a disclosure is necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. (B) Administrator use of information This paragraph shall not— (i) restrict the access of the Administrator to SCORE program activity data; or (ii) prevent the Administrator from using SCORE program client information to conduct client surveys. (C) Standards (i) In general The Administrator shall, after opportunity for notice and comment, establish standards for— (I) disclosures with respect to financial audits described in subparagraph (A)(ii); and (II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. (ii) Maximum privacy protection The standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection. (8) Annual report Not later than 180 days after the date of enactment of the SCORE for Small Business Act of 2022 and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the SCORE program, which may be included as part of another report submitted to those committees by the Administrator, and which shall include— (A) the total number and the number of unique clients counseled or trained under the SCORE program; (B) the total number of hours of counseling or training provided under the SCORE program; (C) the total number of local workshops provided under the SCORE program; (D) the total number of clients attending online and local workshops provided under the SCORE program; (E) to the extent practicable, the demographics of SCORE program clients and volunteers, which shall include the gender, race, ethnicity, and age of each client or volunteer; (F) the number of SCORE program clients and volunteers who are veterans; (G) with respect to businesses assisted under the SCORE program, the cost to create a job, the cost to create a business, and return on investment; (H) the number of referrals of SCORE program clients to other resources and programs of the Administration; (I) the results of SCORE program client satisfactory surveys, including a summary of any comments received from those clients; (J) the number of new businesses started by SCORE program clients; (K) the percentage of businesses assisted by the SCORE program realizing revenue growth; (L) to the extent practicable, the number of jobs created with assistance from the SCORE program; (M) the total cost of the SCORE program; (N) any recommendations of the Administrator to improve the SCORE program; (O) an explanation of how the SCORE program has been integrated with— (i) small business development centers; (ii) women’s business centers described in section 29; (iii) Veteran Business Outreach Centers described in section 32; (iv) other offices of the Administration; and (v) other public and private entities engaging in entrepreneurial and small business development; (P) the SCORE compensation policy for the relevant fiscal year, including— (i) a list of any changes to the compensation policy since the previous fiscal year; and (ii) justification if the maximum rate of pay allowable for any individual in the SCORE Association exceeds the maximum rate of pay allowable for an individual in the career Senior Executive Service employed at the Administration; (Q) the names, positions, and salaries of any employees of the SCORE Association whose salaries exceed the maximum rate of pay allowable per the SCORE compensation policy; (R) the percent of the aggregate salaries of employees of the SCORE Association spent on individual performance awards to employees of the SCORE Association, with a justification if this amount exceeds 10 percent; (S) the total amount of performance awards that have been disbursed or will be disbursed after the last day of the fiscal year in which the awards were earned and a justification for any awards that have been disbursed or will be disbursed outside the fiscal year in which the awards were earned; and (T) the names, positions, and salaries of any members of the Board of Directors of the SCORE Association or any employees of the SCORE Association that simultaneously serve on the Board of Directors of, or receive compensation from, the SCORE Foundation without written approval of the Administrator. . 4. Authorization of appropriations for the SCORE program Section 20 of the Small Business Act ( 15 U.S.C. 631 note) is amended by adding at the end the following: (i) SCORE program There are authorized to be appropriated to the Administrator to carry out the SCORE program such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $18,000,000 in each of fiscal years 2023 and 2024. . 5. Reporting requirements (a) Study and report on the future role of the SCORE program (1) Study The SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will meet the needs of small business concerns during the 5-year period beginning on the date of enactment of this Act, with specific objectives for the first, third, and fifth years of the 5-year period. (2) Report Not later than 180 days after the date of enactment of this Act, the SCORE Association 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 containing— (A) all findings and determinations made in carrying out the study required under paragraph (1); (B) the strategic plan developed under paragraph (1); and (C) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels. (b) Administrator report on leased space Not later than 1 year 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 containing an assessment of the cost of leased space that is donated to the SCORE Association. (c) Online component report Not later than 3 months after the last day of the first full fiscal year following the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the effectiveness of the online counseling services required under paragraph (2) of section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ), as added by section 3 of this Act, including a description of— (1) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results; (2) the internal controls that are used and a summary of the topics covered by the webinars; and (3) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards those online counseling services. 6. Technical and conforming amendments (a) Small Business Act The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) in section 3 ( 15 U.S.C. 632 ), by adding at the end the following: (gg) SCORE program definitions In this Act: (1) SCORE program The term SCORE program means the Service Corps of Retired Executives program described in section 8(c). (2) SCORE Association The term SCORE Association means the Service Corps of Retired Executives Association or any successor or other organization that enters into a cooperative agreement described in section 8(c)(1) with the Administrator to operate the SCORE program. (3) SCORE Foundation The term SCORE Foundation means an organization with a mission to support the SCORE Association and volunteers of the SCORE program. ; (2) in section 7 ( 15 U.S.C. 636 )— (A) in subsection (b)(12)— (i) in the paragraph heading, by striking score and inserting SCORE program ; and (ii) in subparagraph (A), by striking Service Corps of Retired Executives and inserting SCORE program ; and (B) in subsection (m)(3)(A)(i)(VIII), by striking Service Corps of Retired Executives and inserting SCORE program ; (3) in section 20 ( 15 U.S.C. 631 note), in subparagraph (d)(1)(E) by striking Service Corps of Retired Executives program and inserting SCORE program ; and (4) in section 22 ( 15 U.S.C. 649 )— (A) in subsection (b)— (i) in paragraph (1), by striking Service Corps of Retired Executives authorized by section (8)(b)(1) and inserting SCORE program ; and (ii) in paragraph (3), by striking Service Corps of Retired Executives and inserting SCORE program ; and (B) in subsection (c)(12), by striking Service Corps of Retired Executives authorized by section 8(b)(1) and inserting SCORE program . (b) Other laws (1) Small Business Reauthorization Act of 1997 Section 707 of the Small Business Reauthorization Act of 1997 ( 15 U.S.C. 631 note) is amended by striking Service Corps of Retired Executives (SCORE) program and inserting SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ) . (2) Veterans Entrepreneurship and Small Business Development Act of 1999 Section 301 of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b note) is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking Service Core of Retired Executives (described in section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ) and in this section referred to as SCORE ) and inserting SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ) (in this section referred to as the SCORE program ) ; (ii) in paragraphs (1), (2), and (3), by striking SCORE each place the term appears and inserting the SCORE program ; and (iii) in paragraph (2), by striking the before establishing ; and (B) in subsection (b), by striking SCORE each place the term appears and inserting the SCORE program . (3) Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 The Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 ( 15 U.S.C. 636 note) is amended— (A) in section 3, by striking paragraph (5) and inserting the following: (5) the term SCORE program means the SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ); ; and (B) in section 201(c)(2)(B)(i), by striking Service Corps of Retired Executives and inserting SCORE program . (4) Children’s Health Insurance Program Reauthorization Act of 2009 Section 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 ( 15 U.S.C. 657p ) is amended— (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) the term SCORE program means the SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ); ; and (B) in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives and inserting SCORE program . (5) Energy Policy and Conservation Act Section 337(d)(2)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6307(d)(2)(A) ) is amended by striking Service Corps of Retired Executives (SCORE) and inserting SCORE program . | https://www.govinfo.gov/content/pkg/BILLS-117s5191is/xml/BILLS-117s5191is.xml |
117-s-5192 | II 117th CONGRESS 2d Session S. 5192 IN THE SENATE OF THE UNITED STATES December 6, 2022 Mr. King introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the limitation on the credit for biomass stoves and boilers.
1. Increased limitation for biomass stoves and boilers under energy efficient home improvement credit (a) In general Section 25C(b)(5) of the Internal Revenue Code of 1986 is amended— (1) by striking shall not, in the aggregate, exceed and all that follows and inserting the following: shall not exceed— (A) with respect to amounts paid or incurred, in the aggregate, for property described in clauses (i) and (ii) of subsection (d)(2)(A), $2,000, and (B) with respect to amounts paid or incurred, in the aggregate, for property described in subsection (d)(2)(B), $8,000. . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s5192is/xml/BILLS-117s5192is.xml |
117-s-5193 | II 117th CONGRESS 2d Session S. 5193 IN THE SENATE OF THE UNITED STATES December 6, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To enable incarcerated persons to petition a Federal court for a second look at sentences longer than 10 years, where the person is not a danger to the safety of any person or the community and has shown they are ready for reentry, and for other purposes.
1. Short title This Act may be cited as the Second Look Act of 2022 . 2. Findings (a) Findings related to the United States Criminal Justice System Congress finds the following: (1) Although the United States has less than 5 percent of the world’s population, the United States holds approximately 19 percent of the world’s incarcerated population and has the highest rate of incarceration in the world, with more than 1,700,000 people incarcerated in State and Federal prisons and local jails. (2) The prison population of the United States has increased by more than 270 percent over a 40-year period preceding the date of enactment of this Act. (3) The United States incarcerates citizens of the United States at 5 to 10 times the rate of other industrialized nations. (4) The face of incarceration in the United States is not exclusively male. Although less than 5 percent of women in the world live in the United States, the United States houses nearly 30 percent of the world’s incarcerated women. (5) The growth of the incarceration of women in the United States has outpaced that of men by nearly 2-to-1, growing more than 475 percent between 1980 and 2020. Fifty-eight percent of incarcerated women are mothers of minor children and most are the primary caretakers for their children. (6) The overall prison population of the United States peaked in 2009 and declined at an annual rate of 1 percent during the subsequent decade. At this pace, it would take until 2078, or 56 years, to reduce the prison population by 50 percent. (7) In 2020, the prison population declined by 15 percent in response to safety precautions related to the COVID–19 pandemic, but some prison populations have since bounced back up. (8) Nearly 50 percent of the United States Federal prison population in 2022 is incarcerated for a drug trafficking offense. (b) Findings related to the need for a second look Congress finds the following: (1) A second look at the sentences for incarcerated individuals is needed. (2) Life sentences of imprisonment and long sentences without the possibility of review violate human rights standards. (3) One out of 7 incarcerated individuals is currently serving a life sentence or a virtual life sentence of 50 years or longer. More than 25 percent of those individuals are sentenced to life without parole. One out of every 15 women in prison, or nearly 7,000 women, is serving a life sentence or virtual life sentence. (4) In 2020, 147,920 people were serving a life sentence or virtual life sentence in the United States, and 55,945 people were serving a sentence of life without parole, compared to a total of 63 people serving a life sentence without the possibility of release in the United Kingdom. (5) Mandatory minimum penalties continue to result in long sentences in the Federal prison system, and— (A) as of 2016— (i) 55.7 percent of the Federal prison population had been sentenced under a mandatory minimum provision; and (ii) 25 percent of Federal prisoners serving life or virtual life sentences have been convicted of nonviolent crimes, including 30 percent for a drug crime; and (B) in 2021, the average sentence length for individuals who were convicted of an offense carrying a mandatory minimum penalty was 139 months of imprisonment. (6) Among those individuals serving life without parole sentences, 40 percent have been convicted of a drug related crime. (7) The United States has much more punitive sentencing laws than the rest of the world, as— (A) sentence lengths in most European countries rarely exceed 20 years; (B) Norway abolished life sentences in 1981, and under Norwegian law, the maximum prison term is 21 years; (C) in Denmark and Sweden, individuals serving life sentences can be released after 12 years and 18 years of imprisonment, respectively; and (D) in Latin America, only 6 out of 19 countries maintain statutes that allow life imprisonment. (8) With the abolition of parole under the Sentencing Reform Act of 1984 ( Public Law 98–473 ; 98 Stat. 1987), there are extremely limited options for review of Federal sentences, which differs greatly from the rest of the world, as— (A) Belgium requires a parole review of life sentences after 10 years; (B) Germany requires a parole review of life sentences after 15 years; and (C) the International Criminal Court requires a parole review of life sentences after 25 years. (9) An incarcerated individual should not be precluded from receiving a second look review of their sentence because of the nature of the crime for which the individual was convicted, as— (A) individuals tend to age out of criminal activity starting around 25 years of age; (B) released individuals over the age of 50 have a very low recidivism rate; (C) several studies, State policies and programs, and the National Institute of Corrections of the Bureau of Prisons consider incarcerated individuals aged 50 and above to be elderly; (D) incarcerated people age at an accelerated rate because they are more likely than the general public to experience stresses including long histories of alcohol and drug misuse, insufficient diet, lack of medical care, financial struggles, and stress of maintaining safety while behind bars; (E) the Office of the Inspector General of the Department of Justice has found that aging inmates commit less misconduct while incarcerated and have a lower rate of re-arrest once released and has recommended the early release of aging inmates to help manage the inmate population and reduce costs at the Bureau of Prisons; (F) the cost to State taxpayers to incarcerate the approximately 250,000 individuals aged 50 or older behind bars as of the date of enactment of this Act is approximately $16,000,000,000 each year; (G) incarceration of individuals beyond the age during which the individuals are likely to commit crime is a drain on taxpayer dollars that does nothing to increase public safety; (H) individuals are capable of redemption; and (I) in the words of Bryan Stevenson, each of us is more than the worst thing we’ve ever done . 3. Modification of certain terms of imprisonment (a) In general Subchapter C of chapter 229 of title 18, United States Code, is amended by inserting after section 3626 the following: 3627. Modification of certain terms of imprisonment (a) In general Notwithstanding any other provision of law, a court may reduce a term of imprisonment imposed upon a defendant if— (1) the imposed term of imprisonment was more than 10 years; (2) the defendant has served not less than 10 years in custody for the offense; and (3) the court finds, after considering the factors set forth in subsection (c), that— (A) the defendant— (i) is not a danger to the safety of any person or the community; and (ii) demonstrates readiness for reentry; and (B) the interests of justice warrant a sentence modification. (b) Supervised release (1) In general Any defendant whose sentence is reduced pursuant to subsection (a), shall be ordered to serve— (A) the term of supervised release included as part of the original sentence imposed on the defendant; or (B) in the case of a defendant whose original sentence did not include a term of supervised release, a term of supervised release not to exceed the authorized terms of supervised release described in section 3583. (2) Conditions of supervised release The conditions of supervised release and any modification or revocation of the term of supervised release shall be in accordance with section 3583. (c) Factors and information To be considered in determining whether To modify a term of imprisonment (1) In general The court, in determining whether to reduce a term of imprisonment pursuant to subsection (a)— (A) may consider the factors described in section 3553(a), including the nature of the offense and the history and characteristics of the defendant; and (B) shall consider— (i) the age of the defendant at the time of the offense; (ii) the age of the defendant at the time of the sentence modification petition and relevant data regarding the decline in criminality as the age of a defendant increases; (iii) any presentation of argument and evidence by counsel for the defendant; (iv) a report and recommendation of the Bureau of Prisons, including information on whether the defendant has substantially complied with the rules of each institution in which the defendant has been confined and whether the defendant has completed any educational, vocational, or other prison program, where available; (v) any report and recommendation of the United States attorney for any district in which an offense for which the defendant is imprisoned was prosecuted; (vi) whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction; (vii) any statement, which may be presented orally or otherwise, by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased; (viii) any report from a physical, mental, or psychiatric examination of the defendant conducted by a licensed health care professional; (ix) the family and community circumstances of the defendant, including any history of abuse, trauma, or involvement in the child welfare system, and the potential benefits to children and family members of reunification with the defendant; (x) the role of the defendant in the offense and whether, and to what extent, an adult was involved in the offense if the defendant was a juvenile at the time of the offense; (xi) the diminished culpability of juveniles as compared to that of adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, if the defendant was a juvenile at the time of the offense; and (xii) any other information the court determines relevant to the decision of the court. (2) Rebuttable presumption In the case of a defendant who is 50 years of age or older on the date on which the defendant files an application for a sentence reduction under subsection (a), there shall be a rebuttable presumption that the defendant shall be released. (d) Limitation on applications pursuant to this section (1) Second application Not earlier than 5 years after the date on which an order denying release on an initial application under this section becomes final, a court shall entertain a second application by the same defendant under this section. (2) Third application Not earlier than 2 years after the date on which an order entered by a court on a second application under paragraph (1) becomes final, a court shall entertain a third application by the same defendant under this section. (3) Final application A court shall entertain a final application if the defendant— (A) is 50 years of age or older; and (B) has exhausted the sentencing modification process. (e) Procedures (1) Notice Not later than 30 days after the date on which the 10th year of imprisonment begins for a defendant sentenced to more than 10 years of imprisonment for an offense, the Bureau of Prisons shall provide written notice of this section to— (A) the defendant; and (B) the sentencing court, the United States attorney, and the Federal Public Defender or Executive Director of the Community Defender Organization for the judicial district in which the sentence described in this paragraph was imposed. (2) Application (A) In general An application for a sentence reduction under this section shall be filed in the judicial district in which the sentence was imposed as a motion to reduce the sentence of the defendant pursuant to this section and may include affidavits or other written material. (B) Requirement A motion to reduce a sentence under this section shall be filed with the sentencing court and a copy shall be served on the United States attorney for the judicial district in which the sentence was imposed. (3) Expanding the record; hearing (A) Expanding the record After the filing of a motion to reduce a sentence under this section, the court may direct the parties to expand the record by submitting additional written materials relating to the motion. (B) Hearing (i) In general The court shall, upon request of the defendant or the Government, conduct a hearing on the motion, at which the defendant and counsel for the defendant shall be given the opportunity to be heard. (ii) Evidence In a hearing under this section, the court shall allow parties to present evidence. (iii) Defendant’s presence At a hearing under this section, the defendant shall be present unless the defendant waives the right to be present. The requirement under this clause may be satisfied by the defendant appearing by video teleconference. (iv) Counsel A defendant who is unable to afford counsel is entitled to have counsel appointed, at no cost to the defendant, to represent the defendant for the application and proceedings under this section, including any appeal, unless the defendant expressly waives the right to counsel after being fully advised of their rights by the court. (v) Findings The court shall state in open court, and file in writing, the reasons for granting or denying a motion under this section. (C) Appeal The Government or the defendant may file a notice of appeal in the district court for review of a final order under this section. The time limit for filing such appeal shall be governed by rule 4(a) of the Federal Rules of Appellate Procedure. (4) Crime victims rights Upon receiving an application under paragraph (2), the United States attorney shall provide any notifications required under section 3771. (f) Annual report (1) In general Not later than 1 year after the date of enactment of the Second Look Act of 2022 , and once every year thereafter, the United States Sentencing Commission 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 requests for sentence reductions under this section. (2) Contents Each report required to be published under paragraph (1) shall include, for the 1-year period preceding the report— (A) the number of— (i) incarcerated individuals who were granted a sentence reduction under this section; and (ii) incarcerated individuals who were denied a sentence reduction under this section; (B) the number of incarcerated individuals released from prison under this section; (C) the demographic characteristics, including race and gender, of— (i) the incarcerated individuals who applied for a sentenced reduction under this section; (ii) the incarcerated individuals who were granted a sentence reduction under this section; and (iii) the incarcerated individuals who were released under this section; (D) the location, categorized by Federal circuit and State, of— (i) the incarcerated individuals who applied for a reduction under this section; (ii) the incarcerated individuals who were granted a reduction under this section; and (iii) the incarcerated individuals who were released under this section; (E) the average sentence reduction granted under this section; (F) the number of incarcerated individuals 50 years of age or older who applied for a sentence reduction under this section; (G) the number of incarcerated individuals who are 50 years of age or older who were granted a sentence reduction under this section; and (H) the number of incarcerated individuals 50 years of age or older who were released from prison under this section. (3) Attorney General cooperation The Attorney General shall— (A) assist and provide information to the United States Sentencing Commission in the performance of the duties of the Commission under this subsection; and (B) promptly respond to requests from the Commission. . (b) Table of sections The table of sections for subchapter C of chapter 229 of title 18, United States Code, is amended by inserting after the item relating to section 3626 the following: 3627. Modification of certain terms of imprisonment. . (c) Technical and conforming amendment Section 3582(c) of title 18, United States Code, is amended— (1) in paragraph (1)(B), 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) the court may reduce a term of imprisonment in accordance with section 3627. . (d) Applicability The amendments made by this section shall apply to any conviction entered before, on, or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5193is/xml/BILLS-117s5193is.xml |
117-s-5194 | II 117th CONGRESS 2d Session S. 5194 IN THE SENATE OF THE UNITED STATES December 6, 2022 Mr. Kennedy 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 extend certain increases in payments for physicians services under the Medicare program through 2023.
1. Short title This Act may be cited as the Protecting Medicare Patients and Physicians Act . 2. Sense of Congress It is the sense of Congress that the Secretary of Health and Human Services, the House of Representatives, and the Senate should commit to take administrative and legislative actions to— (1) ensure financial stability and predictability in the Medicare physician payment system; (2) promote and reward value-based care innovation; and (3) safeguard timely access to high-quality care by advancing health equity and reducing disparities. 3. Extension of support for physicians and other professionals in adjusting to Medicare payment changes (a) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended— (1) in subsection (c)(2)(B)(iv)(V), by striking or 2022 and inserting , 2022, or 2023 ; and (2) in subsection (t)— (A) in the heading, by striking and 2022 and inserting , 2022, and 2023 ; (B) in paragraph (1)— (i) by striking and 2022 and inserting , 2022, and 2023 ; (ii) in subparagraph (A), by striking and at the end; (iii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following new subparagraph: (C) such services furnished on or after January 1, 2023, and before January 1, 2024, by 4.42 percent. ; and (C) in paragraph (2)(C)— (i) in the heading, by striking and 2022 and inserting , 2022 and 2023 ; and (ii) by striking or 2022 each place it appears and inserting , 2022, or 2023 . (b) Temporary suspension of PAYGO Medicare sequestration During the period beginning on the date of enactment of this Act and ending on December 31, 2023, the Medicare programs under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) shall be exempt from reduction under any sequestration order issued under the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 931 et seq. ) before, on, or after the date of enactment of this Act. (c) Transfer of returned provider relief funds Section 1150C of the Social Security Act ( 42 U.S.C. 1320b–26 ) is amended by adding at the end the following new subsection: (f) Transfer of returned funds The Secretary shall provide for the transfer to the Federal Supplementary Medical Insurance Trust Fund under section 1841 of any amounts returned to the Secretary by an eligible health care provider under this section that are unobligated as of the date of the enactment of this subsection. . | https://www.govinfo.gov/content/pkg/BILLS-117s5194is/xml/BILLS-117s5194is.xml |
117-s-5195 | II 117th CONGRESS 2d Session S. 5195 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Romney (for himself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To strengthen the national security of the United States by decreasing the reliance of the Department of Defense on critical minerals from the People’s Republic of China, and for other purposes.
1. Short title This Act may be cited as the Critical Mineral Independence Act of 2022 . 2. Definitions In this Act: (1) Allied country The term allied country means— (A) a country of the national technology and industrial base, as defined in section 4801 of title 10, United States Code; or (B) another country that is an ally of the United States and is identified by the Secretary of Defense for purposes of this Act. (2) Appropriate committees of congress The term appropriate committees of Congress means— (A) the Committee on Energy and Natural Resources, the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Natural Resources, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Financial Services of the House of Representatives. (3) Critical mineral The term critical mineral has the meaning given that term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). 3. Statement of policy It is the policy of the United States— (1) to expand mining and processing of critical minerals, including rare earth elements, in the United States and in allied countries to meet the needs of the United States defense sector so that the Department of Defense will achieve critical mineral supply chain independence by 2027; (2) that the Department of Defense will procure critical minerals processed by the United States and allied countries to replenish and expand the National Defense Stockpile to meet growing geopolitical threats by 2027; and (3) to develop critical mineral supply chains for the Department of Defense that are not dependent on mining or processing of critical minerals in countries that are geostrategic competitors or adversaries of the United States. 4. Report on United States and allied processing of critical minerals required to achieve defense supply chain independence (a) In general Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate committees of Congress a report on the processing by the United States and allied countries of critical minerals, including rare earth elements, required to achieve supply chain independence for the United States Armed Forces and allied countries by 2027. (b) Elements The report required by subsection (a) shall include the following: (1) An estimate of the annual demand for processed critical minerals for the United States Armed Forces and allied countries. (2) An outline of the necessary processed critical minerals value chain required to support the needs of the Department of Defense. (3) An assessment of any gaps in the outline described in paragraph (2), indicating where sufficient United States processing capacity exists and where such capacity does not exist. (4) An identification of any Federal funds, including any funds made available under title III of the Defense Production Act of 1950 ( 50 U.S.C. 4531 et seq. ), being deployed, as of the date of the report, to support development of United States capacity to address those gaps. (5) An estimate of the additional capital investment required to grow and operate sufficient United States capacity to address those gaps. (6) An estimate of the annual funding necessary for the Department of Defense to procure critical minerals processed in the United States sufficient to meet the annual needs of the Department, including consideration of increased investments from private sector capital. (7) An estimate of the cost difference between the Department of Defense— (A) sourcing critical minerals processed by the United States; (B) sourcing critical minerals processed by allied countries; and (C) sourcing critical minerals on the open market. (8) An assessment of what changes, if any, are necessary to the acquisition policies of the Department of Defense to ensure weapon suppliers use critical minerals processed by the United States or allied countries. (9) An assessment of what changes, if any, to authorities under title III of the Defense Production Act of 1950 are necessary to enter into a long-term offtake agreement with respect to critical minerals processed by the United States or allied countries. (10) An assessment of the duration of potential contracts necessary to prevent the collapse of United States processing of critical minerals in the event of price fluctuations resulting from increases in the export quota of the People’s Republic of China. (11) Recommendations for international cooperation with allied countries to jointly reduce dependence on critical minerals processed in or by the People’s Republic of China. 5. Strategy to transition the supply chain for the National Defense Stockpile to United States and allied-processed critical minerals by 2027 (a) In general Not later than 90 days after the report required by section 4 is submitted, the Director of the Defense Logistics Agency, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall develop, and submit to the appropriate committees of Congress, a strategy to transition the supply chain for critical minerals, including rare earths elements, in the National Defense Stockpile away from reliance on geostrategic competitors and adversaries of the United States by 2027, through acquisition of critical minerals processed by— (1) the United States, with a preference given to critical minerals processed in the United States; or (2) allied countries (excluding critical minerals processed in a country that is a geostrategic competitor or adversary of the United States), with preference given to critical minerals processed in such countries. (b) Forecasted need of critical minerals The strategy required by subsection (a) shall be designed to meet the forecasted need for critical minerals of the Department of Defense through calendar year 2027 for— (1) planned procurements; (2) anticipated adoption of emerging technology; and (3) potential increases in the National Defense Stockpile that would be needed if the Department implements the guidance included in the Climate Adaptation Action Plan of the Department of Defense, dated September 2021. (c) Elements The strategy required by subsection (a) shall include the following: (1) A list of critical minerals in the National Defense Stockpile. (2) A priority ranking for transitioning the critical minerals on the list required by paragraph (1), developed using, for each such mineral— (A) the percentage of the mineral processed by foreign sources (excluding allied countries); (B) the percentage of operational processing facilities for the mineral located in the United States and in allied countries, compared to foreign sources of the mineral (excluding allied countries); (C) the quantity of the mineral required to fulfill the purposes set forth in section 2 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98a ); and (D) any other metric, as determined by the Director and the Under Secretary, that may be an indicator of reliance on foreign sources (excluding allied countries) for the mineral. (3) A process to replenish 50 percent of each mineral on the list required by paragraph (1) with the mineral processed by United States or allied country processors during the 1-year period after implementation of the strategy. (4) A process to replenish 95 percent of each mineral on the list required by paragraph (1) with the mineral processed by United States or allied country processors during the 3-year period after implementation of the strategy. (5) Recommendations to Congress with respect to any authorities needed to implement the strategy. (6) Any other matters related to implementing the strategy as the Director and the Under Secretary consider appropriate. (d) Implementation The Director and the Under Secretary shall— (1) coordinate the implementation of the processes required by paragraphs (3) and (4) of subsection (c) with the Department of Defense and activities carried out by the Department under title III of the Defense Production Act of 1950 ( 50 U.S.C. 4531 et seq. ); and (2) to the greatest extent practicable, implement the strategy required by subsection (a) with respect to acquisition of critical minerals for the National Defense Stockpile with funds authorized to be appropriated under section 7. (e) Briefings required Not later than 180 days after the submission of the strategy required by subsection (a), and every 180 days thereafter, the Director and the Under Secretary shall brief the appropriate committees of Congress on implementation of the strategy. 6. Form of report and strategy The report required by section 4 and the strategy required by section 5 shall be submitted in classified form but shall include an unclassified summary. 7. Authorization of appropriations There is authorized to be appropriated to the National Defense Stockpile Transaction Fund $1,003,500 for the acquisition of strategic and critical minerals under section 6(a) of the Strategic and Critical Minerals Stock Piling Act ( 50 U.S.C. 98e(a) ). | https://www.govinfo.gov/content/pkg/BILLS-117s5195is/xml/BILLS-117s5195is.xml |
117-s-5196 | II 117th CONGRESS 2d Session S. 5196 IN THE SENATE OF THE UNITED STATES December 7, 2022 Ms. Baldwin (for herself, Mrs. Blackburn , 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 location of a monument on the National Mall to commemorate and honor the women’s suffrage movement and the passage of the 19th Amendment to the Constitution, and for other purposes.
1. Short title This Act may be cited as the Women's Suffrage National Monument Location Act . 2. Women's Suffrage National Monument (a) Site Notwithstanding section 8908(c) of title 40, United States Code, the Women’s Suffrage National Monument shall be located within the Reserve. (b) Applicability of Commemorative Works Act Except as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the Women’s Suffrage National Monument. (c) Definitions In this section: (1) Women’s Suffrage National Monument The term Women’s Suffrage National Monument means the commemorative work authorized to be established under Public Law 116–217 ( 40 U.S.C. 8903 note). (2) Reserve The term Reserve has the meaning given such term in section 8902(a)(3) of title 40, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s5196is/xml/BILLS-117s5196is.xml |
117-s-5197 | II 117th CONGRESS 2d Session S. 5197 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 651 Business Interstate Highway 35 North Suite 420 in New Braunfels, Texas, as the Bob Krueger Post Office .
1. Bob Krueger Post Office (a) Designation The facility of the United States Postal Service located at 651 Business Interstate Highway 35 North Suite 420 in New Braunfels, Texas, shall be known and designated as the Bob Krueger 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 Bob Krueger Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s5197is/xml/BILLS-117s5197is.xml |
117-s-5198 | II 117th CONGRESS 2d Session S. 5198 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Tester (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title VI of the Social Security Act to make eligible revenue sharing consolidated governments eligible for payments from the Local Assistance and Tribal Consistency Fund, and for other purposes.
1. Short title This Act may be cited as the Local Assistance Fairness Act . 2. Allowing payments to eligible revenue sharing consolidated governments from local assistance and tribal consistency fund Section 605 of the Social Security Act ( 42 U.S.C. 805 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking For each of and inserting Subject to paragraph (3), for each of ; and (B) by adding at the end the following new paragraph: (3) Payments to eligible revenue sharing consolidated governments In making allocations and payments under paragraph (1), the Secretary shall apply such paragraph by substituting eligible revenue sharing county and eligible revenue sharing consolidated government for eligible revenue sharing county each place it appears. ; (2) in subsection (c), by striking or an eligible Tribal government and inserting , an eligible Tribal government, or an eligible revenue sharing consolidated government ; (3) in subsections (d) and (e), by inserting or eligible revenue sharing consolidated government after eligible revenue sharing county each place it appears; and (4) in subsection (f)— (A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (B) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) Eligible revenue sharing consolidated government The term eligible revenue sharing consolidated government means— (A) a county, parish, or borough— (i) that has been classified by the Bureau of the Census as an active government consolidated with another government; and (ii) for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program; and (B) a unit of general local government described in section 6901(2)(A)(ii) of title 31, United States Code, for which a payment may be made to the State of Alaska under section 6902(a)(2) of that title. . | https://www.govinfo.gov/content/pkg/BILLS-117s5198is/xml/BILLS-117s5198is.xml |
117-s-5199 | II 117th CONGRESS 2d Session S. 5199 IN THE SENATE OF THE UNITED STATES December 7, 2022 Ms. Hirono (for herself, Mr. Carper , Mr. Merkley , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes.
1. Short title This Act may be cited as the Coral Sustainability Through Innovation Act of 2022 . 2. Prize competitions to promote innovation in coral reef research and conservation The Coral Reef Conservation Act of 2000 ( 16 U.S.C. 6401 et seq. ) is amended— (1) by redesignating sections 208, 209, and 210 ( 16 U.S.C. 6407 , 6408, and 6409) as sections 209, 210, and 211, respectively; and (2) by inserting after section 207 the following: 208. Coral reef prize competitions (a) In general The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 ( 16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ). (b) Purposes Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems. (c) Priority programs Priority shall be given to establish programs under this section that address communities, environments, or industries that are in distress due to the decline or degradation of coral reef ecosystems, including— (1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances, including ocean acidification and its impacts on coral reproduction; (2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship; (3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems; (4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and (5) the development of adaptation and management options for impacted tourism industries. . | https://www.govinfo.gov/content/pkg/BILLS-117s5199is/xml/BILLS-117s5199is.xml |
117-s-5200 | II 117th CONGRESS 2d Session S. 5200 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mrs. Shaheen 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 expand eligibility of members of the National Guard for housing loans guaranteed by the Secretary of Veterans Affairs.
1. Short title This Act may be cited as the Expanding Home Loans for Guard and Reservists Act . 2. Expansion of eligibility of members of the National Guard for housing loans guaranteed by the Secretary of Veterans Affairs Section 3701(b)(7) of title 38, United States Code, is amended by striking full-time National Guard duty and inserting active service . 3. 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-117s5200is/xml/BILLS-117s5200is.xml |
117-s-5201 | II 117th CONGRESS 2d Session S. 5201 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the Helen Keller National Center for Youths and Adults Who Are Deaf-Blind.
1. Short title This Act may be cited as the Helen Keller National Center Reauthorization Act of 2022 . 2. Helen Keller National Center Reauthorized The first sentence of section 205(a) of the Helen Keller National Center Act ( 29 U.S.C. 1904(a) ) is amended by striking 1999 through 2003 and inserting 2023 through 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s5201is/xml/BILLS-117s5201is.xml |
117-s-5202 | II 117th CONGRESS 2d Session S. 5202 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Reed (for himself 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 Adult Education and Family Literacy Act and the Workforce Innovation and Opportunity Act to strengthen adult education.
1. Short title This Act may be cited as the Adult Education Workforce Opportunity and Reskilling for Knowledge and Success Act or the Adult Education WORKS Act . I Workforce development activities 101. Workforce development activities (a) Amendment to WIOA Except as otherwise expressly provided, whenever in this section an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ). (b) Definitions (1) In general Section 3 ( 29 U.S.C. 3102 ) is amended— (A) by striking paragraph (5); (B) by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively; (C) by inserting after paragraph (8), as redesignated by subparagraph (B), the following: (9) College and career navigator The term college and career navigator means an individual who— (A) has extensive knowledge of workforce development programs and services, postsecondary programs and services, Federal and other student financial aid for postsecondary education, and case management techniques; (B) supports persons who are accessing services under this Act, by gathering work history and skills information, providing tailored college and career guidance and labor market information, helping jobseekers identify training and educational options to best fit their needs, including Federal student aid and other assistance available to pay the costs of attendance at an institution of higher education or for participation in training, facilitating access to services, and facilitating co-enrollment of individuals in programs carried out under this title and title II; (C) provides or organizes provision of services to promote job readiness, digital literacy skills, information literacy skills, and the skills needed for success in postsecondary education, facilitates the successful transition of individuals to postsecondary education, coordinates activities with employers and with entities and individuals involved in the one-stop delivery system in the local area, and conducts community outreach; and (D) as determined appropriate by the one-stop operator or eligible provider of adult education and literacy activities involved, is responsible for recruitment of students in adult education and literacy activities and participants in workforce investment activities, provision of intensive case management, provision of career exploration services, and data collection associated with an activity specified in this subparagraph. ; (D) by redesignating paragraphs (12) through (14), (15) through (21), (22) through (26), and (27) through (71), as paragraphs (13) through (15), (17) through (23), (25) through (29), and (31) through (75), respectively; (E) by inserting after paragraph (11) the following: (12) Concurrent enrollment The term concurrent enrollment has the meaning given the term in section 203. ; (F) by inserting after paragraph (15), as redesignated by subparagraph (D), the following: (16) Digital literacy skills The term digital literacy skills has the meaning given the term in section 203. ; (G) by inserting after paragraph (23), as redesignated by subparagraph (D), the following: (24) Foundational skill needs The term foundational skill needs , used with respect to an individual, means— (A) in the case of an individual who is a youth, an individual who has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or (B) in the case of an individual who is a youth or adult, an individual who is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual’s family, or in society. ; and (H) by inserting after paragraph (29), as redesignated by subparagraph (D), the following: (30) Information literacy skills The term information literacy skills has the meaning given the term in section 203. . (2) Conforming amendments (A) Section 121(h)(2)(C)(ii) ( 29 U.S.C. 3151(h)(2)(C)(ii) ) is amended by striking section 3(13)(D) and inserting section 3(14)(D) . (B) Section 134(c)(3)(H)(i) ( 29 U.S.C. 3174(c)(3)(H)(i) ) is amended by striking section 3(44) and inserting section 3(48) . (C) Section 170(b)(1)(D)(i) ( 29 U.S.C. 3225(b)(1)(D)(i) ) is amended by striking section 3(15)(E) and inserting section 3(17)(E) . (D) Section 211(e)(3) ( 29 U.S.C. 3291(e)(3) ) is amended by striking section 3(45) and inserting section 3(49) . (c) State workforce development boards Section 101 ( 29 U.S.C. 3111 ) is amended— (1) in subsection (b)(1)(C)(ii)(IV), by inserting , and representatives of organizations that provide adult education after out-of-school youth ; and (2) in subsection (d)— (A) in paragraph (7)(A), by striking (as defined in section 202 of the Museum and Library Services Act ( 20 U.S.C. 9101 ); referred to in this Act as digital literacy skills ) ; (B) in paragraph (11), by striking and at the end; (C) by redesignating paragraph (12) as paragraph (13); and (D) by inserting after paragraph (11) the following: (12) in collaboration with providers of adult education and literacy activities, the promotion of the employment of college and career navigators by the one-stop centers in the State; and . (d) Program specifics for State plans Section 102(b)(2) ( 29 U.S.C. 3112(b)(2) ) is amended— (1) in subparagraph (D)(ii)— (A) in subclause (II), by striking item (dd) and inserting the following: (dd) integrated education and training, including how costs for such activities will be shared among relevant core programs; ; (B) in subclause (V), by adding and at the end; and (C) by adding at the end the following: (VI) how the eligible agency will promote, through funding priority or other means, professionalization of adult education and literacy activities through the adoption of staffing models that include requirements and support for teacher credentialing, standards, and support for ongoing in-service professional development, and career ladders that encourage movement from part-time to full-time teaching positions; ; and (2) in subparagraph (E)(iii)(II), by inserting providers of adult education and literacy activities, after institutions of higher education, . (e) Local boards Section 107 ( 29 U.S.C. 3122 ) is amended— (1) in subsection (c)(1), by adding at the end the following: (D) Information on membership The chief elected officials appointing the local board for a local area shall make publicly available information on the membership of the board (including information identifying how the membership composition requirements of subsection (b) have been met), including by posting that information on the website of each unit of general local government included in the local area. ; and (2) in subsection (d)— (A) in paragraph (5), by striking secondary and postsecondary education and inserting secondary, postsecondary, and adult education ; (B) in paragraph (7)(C)— (i) by inserting , in consultation with providers of public access to technology, after identifying strategies ; (ii) by inserting , including deliveries through public libraries, after traditional service delivery ; and (iii) by inserting and information literacy skills after digital literacy skills ; and (C) by adding at the end the following: (14) College and career navigators The local board, in collaboration with providers of adult education and literacy activities in the local area, shall promote the employment of college and career navigators by the one-stop centers and eligible providers (as defined in section 203) in the local area. . (f) Local plans Section 108 ( 29 U.S.C. 3123 ) is amended— (1) in subsection (b)(13), by inserting , including, in all local plans after the first such plan, a description of how the local board carried out such coordination and completed such review during the previous 4-year period after submitted under title II ; and (2) in subsection (d)(3), by inserting , along with a description of the actions the local board took in response to such comments after disagreement with the plan . (g) Indicators of performance Section 116(b)(2)(A) ( 29 U.S.C. 3141(b)(2)(A) ) is amended— (1) in clause (i), by striking subclauses (IV) and (V) and inserting the following: (IV) the percentages of program participants who, during participation in the program— (aa) obtain a recognized postsecondary credential or a secondary school diploma or its recognized equivalent; and (bb) are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; (V) the percentages of program participants who, within 1 year after exit from the program— (aa) obtain a secondary school diploma or its recognized equivalent; (bb) have obtained or retained employment; and (cc) are in an education or training program leading to a recognized postsecondary credential; and ; (2) by striking clause (iii) and inserting the following: (iii) Interim indicators for adult education A State may develop interim indicators for measuring the percentage of program participants on track to meet the indicators described in subclauses (IV) and (V) of clause (i) for adult education and literacy activities authorized under title II. ; and (3) in clause (iv), by striking clauses (i)(VI) and inserting clause (i)(VI) . (h) Common participant individual record layout Section 116 ( 29 U.S.C. 3141 ) is amended by adding at the end the following: (j) Common participant individual record layout The Secretary of Labor and the Secretary of Education shall establish a common reporting system that covers, and that accommodates, the core programs, relating to participant records and the performance accountability measures described in subsection (b). . (i) One-Stop delivery systems Section 121 ( 29 U.S.C. 3151 ) is amended— (1) in subsection (d)(2)(B)— (A) by redesignating clauses (ii) through (vi) as clauses (iii) through (vii), respectively; and (B) by inserting after clause (i) the following: (ii) a public library; ; and (2) in subsection (e)— (A) in paragraph (2)(B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the semicolon and inserting ; and ; and (iii) by adding at the end the following: (iii) through one or more public libraries in accordance with paragraph (5); ; and (B) by adding at the end the following: (5) Information and services provided through public libraries A local board may use funds made available under subsection (h) to make programs, activities, and services available through a public library to the extent such library demonstrates to the local board— (A) that the library provides or will provide career services or other workforce development activities to address unmet need for such services or activities, such as by providing career services and other workforce development activities to individuals at days or times, and locations, at which the services or activities are not otherwise made available through the corresponding one-stop partners; (B) that the library will provide a physical location within the library, which may include a mobile library site, in which to serve individuals seeking services provided by a college and career navigator; and (C) the library's ability to leverage additional resources, such as staff, facilities, computer access, or learning materials, in order to extend the level of services otherwise provided through the local one-stop delivery system, particularly to geographically distant communities, communities for which physical one-stop centers are not easily accessible through public transportation, or communities in which there is inadequate access for the level of services needed. . (j) Digital literacy skills; information literacy skills Section 134(c) ( 29 U.S.C. 3174(c) ) is amended— (1) in paragraph (2)(A)— (A) in clause (iii), by inserting digital literacy, information literacy, after (including literacy, ; and (B) in clause (xii)(VI), by inserting digital literacy skills, information literacy skills, after learning skills, ; and (2) in paragraph (3)(D)— (A) by redesignating clauses (x) and (xi) as clauses (xii) and (xiii), respectively; and (B) by inserting after clause (ix) the following: (x) digital literacy skills training; (xi) information literacy skills training; . (k) Library-Based and community-Based college and career navigators Subtitle D of title I is amended by inserting after section 171 ( 29 U.S.C. 3226 ) the following: 171A. Library-based and community-based college and career navigators (a) Purpose The purpose of this section is to expand the capacity of State and local workforce development systems by leveraging the facilities and staff of libraries and community-based organizations to provide career navigation services to individuals through library-based and community-based college and career navigators. (b) Eligible entity In this section, the term eligible entity means a partnership between a State board or local board and 1 or more of the following: (1) A community-based organization. (2) A library (as defined in section 213 of the Library Services and Technology Act ( 20 U.S.C. 9122 )) that offers workforce development activities at no cost to individuals. (c) Grants authorized From funds made available under section 172(g), the Secretary is authorized to make grants to eligible entities to carry out the purpose of this section. (d) Application To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Uses of funds (1) In general An eligible entity that receives a grant under this section shall use funds made available through the grant to establish a college and career navigator program within the library, community-based organization, or agency that is a partner of such eligible entity. (2) Activities of program A college and career navigator program established under paragraph (1) may hire, train, support, or retain 1 or more college and career navigators to provide career navigation services in coordination with a State or local workforce development system. . (l) Authorization of Appropriations Section 172 ( 20 U.S.C. 3227 ) is amended by adding at the end the following: (g) Library-Based and community-Based navigators There are authorized to be appropriated to carry out section 171A, $135,000,000 for fiscal year 2023 and each of the 4 succeeding fiscal years. . II Adult education and literacy 201. Purpose Section 202 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3271 ) is amended— (1) in paragraph (1), by striking and economic self-sufficiency and inserting , economic self-sufficiency, and full participation in all aspects of adult life ; and (2) in paragraph (4)(A)— (A) in clause (i), by striking and after the semicolon; (B) in clause (ii), by striking and after the semicolon; and (C) by adding at the end the following: (iii) digital literacy skills; and (iv) information literacy skills; and . 202. Definitions Section 203 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3272 ) is amended— (1) in paragraph (1)— (A) by striking postsecondary level and inserting college placement level ; (B) in subparagraph (B), by striking and after the semicolon; (C) by redesignating subparagraph (C) as subparagraph (E); and (D) by inserting after subparagraph (B) the following: (C) develop and use digital literacy skills; (D) develop and use information literacy skills; and ; (2) by redesignating paragraphs (3) through (9) and (10) through (17) as paragraphs (6) through (12) and (14) through (21), respectively; (3) by inserting after paragraph (2) the following: (3) College placement level The term college placement level means the level required for placement in college-level course work, rather than placement in developmental education, as demonstrated by achievement of a designated score on a placement test or other college-identified measure. (4) Concurrent enrollment The term concurrent enrollment means intentional, simultaneous enrollment in more than 1 one-stop partner program, as a strategy for leveraging resources and eliminating duplication of services while achieving the best possible outcomes. (5) Digital literacy skills The term digital literacy skills means the skills associated with— (A) using technology to enable users to find, evaluate, organize, create, and communicate information; and (B) developing digital citizenship and the responsible use of technology. ; (4) in paragraph (7), as redesignated by paragraph (2), in subparagraph (C)(i), by striking is basic skills deficient and inserting has foundational skills needs ; (5) in paragraph (9), as redesignated by paragraph (2), in subparagraph (B)(i)— (A) in subclause (I), by striking and after the semicolon; (B) in subclause (II), by striking or and inserting and ; and (C) by adding at the end the following: (III) development of digital literacy skills and information literacy skills; or ; (6) in paragraph (12), as redesignated by paragraph (2), in the matter preceding subparagraph (A), by inserting and educational after in the economic ; (7) by inserting after paragraph (12), as redesignated by paragraph (2), the following: (13) Information literacy skills The term information literacy skills means the set of skills needed to find, retrieve, understand, evaluate, analyze, discern the reliability and accuracy of, and effectively use information (which encompasses spoken and broadcast words and videos, printed materials, and digital content, data, and images). ; (8) in paragraph (15), as redesignated by paragraph (2), by inserting (and may be provided concurrently with other activities and services, such as adult basic education) after workforce training ; (9) in paragraph (17), as redesignated by paragraph (2), by striking and solve problems, at levels of proficiency necessary to function on the job, in the family of the individual, and in society and inserting solve problems, and use digital literacy skills and information literacy skills at levels of proficiency necessary to function effectively as an employee, a parent or family member, and a member of society ; and (10) in paragraph (21), as redesignated by paragraph (2)— (A) by inserting information literacy skills, after digital literacy skills, ; and (B) by striking and completion of . 203. Authorization of appropriations Section 206 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3275 ) is amended by striking this title and all that follows through the period at the end and inserting this title $810,000,000 for fiscal year 2023, $945,000,000 for fiscal year 2024, $1,080,000,000 for fiscal year 2025, $1,215,000,000 for fiscal year 2026, and $1,350,000,000 for fiscal year 2027. . 204. Reservation of funds Section 211 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3291 ) is amended in subsection (a)(1), by striking $15,000,000 and inserting $25,000,000 . 205. Performance and accountability system Section 212 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3292 ) is amended to read as follows: 212. Performance and accountability system (a) In general Except as provided in subsection (b), programs and activities authorized under this title are subject to all of the performance accountability provisions described in section 116. (b) Pilot for innovative performance accountability systems (1) In general The Secretary shall approve an application from an eligible agency to pilot, for a subset of eligible providers within its State and as an alternative to the performance accountability system described in section 116, an innovative performance accountability system that uses alternative indicators of performance that have the potential to more accurately reflect the objectives and adult education and literacy activities of the eligible providers’ programs if the Secretary determines that an application from such an eligible agency meets the requirements of this subsection. (2) Pilot period An eligible agency applying to pilot an innovative performance accountability system under this subsection shall propose in its application the period of time that the agency desires to implement such system, except that the period shall not exceed 5 years. (3) Extension of a pilot period The Secretary shall approve an eligible agency’s request to extend the period of a pilot under this subsection if the Secretary determines that the innovative performance system is meeting the objectives of this subsection. (4) Application (A) In general An eligible agency desiring to undertake a pilot under this subsection shall submit an application at such time and in such manner as the Secretary may require. (B) Contents An application described in subparagraph (A) shall include— (i) a description of how the eligible agency engaged in an outreach process with eligible providers within its State to— (I) inform the eligible providers of the opportunity to implement a pilot under this subsection; and (II) engage with the eligible providers in the development of alternative indicators of performance; (ii) an explanation of whether and how the eligible agency established any standards or criteria for the alternative measures of performance that participating eligible providers could elect to use; (iii) a listing of the eligible providers that will participate in the proposed pilot and a description of the indicators of performance that each such provider will make use of through the pilot; (iv) a description of why the eligible agency and the participating eligible providers believe the proposed indicators of performance would more accurately measure the attainment of the objectives of such providers’ adult education and literacy activities than would the indicators of performance described in section 116(b)(2); (v) an explanation of how the proposed indicators of performance will be valid and reliable measures of education and employment consistent with purposes of this title; (vi) a description of how the eligible agency will collect, report to the Secretary, and make publicly available the proposed indicators of performance from each participating eligible provider on a timely basis; and (vii) an assurance that the eligible agency will, at the end of the pilot period, report to the Secretary on the outcomes of the pilot, including on whether the eligible agency met the objectives of the pilot. (C) Secretarial review and approval The Secretary shall determine whether to approve an application under this subsection by not later than 90 days of receiving the application. (D) Disapproval The Secretary shall not disapprove an application under this subsection without giving the applicant the opportunity to revise and resubmit the application. (5) Additional secretarial responsibilities The Secretary shall— (A) through the Director of the Institute of Education Sciences, carry out national evaluations of the implementation and outcomes of the pilots authorized under this subsection, with the first such evaluation to be completed not later than 5 years after the Secretary approves the first application from an eligible entity; (B) in consultation with the Director of the Institute of Education Sciences, identify best practices in the development and implementation of innovative performance accountability systems under this subsection; (C) disseminate information on those practices, including by making the information available on the website of the Department of Education; and (D) provide a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives on the results of the pilot program, including a comparison of the outcomes as measured by the innovative performance accountability systems implemented under this subsection and the performance measures described in section 116. . 206. Matching requirement Section 222(b) of the Adult Education and Family Literacy Act ( 29 U.S.C. 3302(b) ) is amended by inserting after paragraph (2) the following: (3) Public availability of information on matching funds Each eligible agency shall maintain, on the website of such agency and in an easily accessible format, information documenting the non-Federal contributions made available to adult education and literacy programs pursuant to this subsection, including the sources of such contributions and, in the case of funds made available by the State, the distribution of such funds to eligible providers. . 207. State leadership activities Section 223(a) of the Adult Education and Family Literacy Act ( 29 U.S.C. 3303(a) ) is amended— (1) in paragraph (1)(C)— (A) in clause (i), by striking programs, and inserting , family literacy, ; and (B) in clause (iii), by inserting and expand options for the education of adults after efficiencies ; and (2) in paragraph (2)— (A) in subparagraph (B), by inserting digital after implementation of ; (B) by redesignating subparagraphs (E) through (L) and subparagraph (M), as subparagraphs (F) through (M) and subparagraph (O), respectively; (C) by inserting after subparagraph (D) the following: (E) Developing content and models for family literacy programs. ; (D) in subparagraph (J), as redesignated by subparagraph (B), in clause (i), by striking and English language acquisition and inserting English language acquisition, digital literacy skills, and information literacy skills ; (E) in subparagraph (K), as redesignated by subparagraph (B), by inserting , such as the development and retention of policies for credentialing of adult educators who demonstrate effectiveness after retention ; (F) in subparagraph (L), as redesignated by subparagraph (B)— (i) by striking adult learners with learning disabilities or and inserting specific groups of adult learners, such as those with learning disabilities, those at the lowest levels of literacy, or those who are ; and (ii) by striking at the lowest achievement levels and inserting in appropriate and meaningful ways ; and (G) by inserting after subparagraph (M), as redesignated by subparagraph (B), the following: (N) Strengthening the quality of adult education and literacy programs in the State through support for improved credentials, program quality standards, and certification and accreditation requirements. . 208. Grants and contracts for eligible providers Section 231 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3321 ) is amended— (1) in subsection (d), by striking subparagraphs (A) and (B) of section 203(4) and inserting subparagraphs (A) and (B) of section 203(8) ; and (2) in subsection (e)(2), by striking learning disabilities and inserting learning differences . 209. Local administrative cost limits Section 233(a) of the Adult Education and Family Literacy Act ( 29 U.S.C. 3323(a) ) is amended— (1) in paragraph (1), by inserting and for professional development after literacy activities ; and (2) in paragraph (2), by striking professional development, . 210. National leadership activities Section 242 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3332 ) is amended— (1) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) assistance to help States meet the requirements of section 116 in order to ensure— (A) that the outcomes and other data required pursuant to section 116 are collected and reported in a timely and accessible manner; and (B) that such data are reported consistently across States and eligible providers and are reviewed for quality and consistency at the Federal level. ; (B) by redesignating paragraphs (2) through (4) as paragraphs (5) through (7), respectively; and (C) by inserting after paragraph (1) the following: (2) technical assistance to participating eligible agencies and eligible providers in implementing innovative performance accountability systems under section 212(b)(1); (3) grants to such agencies and providers to assist them in implementing such systems; (4) carrying out the national evaluations required under section 212(b)(5)(A); and (2) in subsection (c)— (A) in paragraph (1)(C), by inserting skills and information literacy skills after digital literacy ; and (B) in paragraph (2)— (i) in subparagraph (C)(vii)— (I) in the matter preceding subclause (I), by striking best practices and inserting effective practices ; (II) in subclause (I), by striking adults with learning disabilities and with and inserting specific populations, such as adults with learning differences, adults with the lowest levels of literacy or numeracy, adults who are supporting the education of their children, and ; (III) by redesignating subclauses (III) and (IV) as subclauses (IV) and (V), respectively; (IV) by inserting after subclause (II) the following: (III) family literacy programs; ; and (V) in subclause (IV), as redesignated by subclause (III), by inserting , including digital literacy skills and information literacy skills development after activities ; (ii) in subparagraph (D)— (I) in clause (ii), by inserting for themselves and their children after education and training ; and (II) in clause (iii), by inserting , such as counseling, transportation, and child care, after support services ; (iii) in subparagraph (F), by striking and after the semicolon; (iv) by redesignating subparagraph (G) as subparagraph (K); and (v) by inserting after subparagraph (F) the following: (G) developing and rigorously evaluating model programs for the preparation of highly effective adult educators; (H) carrying out initiatives to support the professionalization of adult education through the creation and implementation of full-time staffing models; (I) providing professional development and technical assistance to adult educators that is designed to help ensure that adult education and family literacy programs build pathways to future success for all adult learners; (J) strengthening the quality of adult education and literacy programs through support for improved credentials, program quality standards, and certification and accreditation requirements that States may adopt on a voluntary basis; and . 211. Integrated English literacy and civics education Section 243 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3333 ) is amended— (1) in subsection (a), by striking , in combination with integrated education and training activities ; and (2) in subsection (c), by striking designed and all that follows through the period at the end and inserting the following: designed to prepare adults who are English learners for full participation in the economic, educational, and civic life of the community, which may include integration with the local workforce development system. . | https://www.govinfo.gov/content/pkg/BILLS-117s5202is/xml/BILLS-117s5202is.xml |
117-s-5203 | II 117th CONGRESS 2d Session S. 5203 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Crapo (for himself, Mrs. Shaheen , Mr. Risch , Ms. Hassan , Ms. Warren , Mr. Thune , Mrs. Blackburn , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for the creation of the Missing Armed Forces Personnel Records Collection at the National Archives, to require the expeditious public transmission to the Archivist and public disclosure of Missing Armed Forces Personnel records, and for other purposes.
1. Short title This Act may be cited as the Bring Our Heroes Home Act . 2. Findings, declarations, and purposes (a) Findings and declarations Congress finds and declares the following: (1) A vast number of records relating to Missing Armed Forces Personnel have not been identified, located, or transferred to the National Archives following review and declassification. Only in the rarest cases is there any legitimate need for continued protection of records pertaining to Missing Armed Forces Personnel who have been missing for decades. (2) There has been insufficient priority placed on identifying, locating, reviewing, or declassifying records relating to Missing Armed Forces Personnel and then transferring the records to the National Archives for public access. (3) Mandates for declassification set forth in multiple Executive orders have been broadly written, loosely interpreted, and often ignored by Federal agencies in possession and control of records related to Missing Armed Forces Personnel. (4) No individual or entity has been tasked with oversight of the identification, collection, review, and declassification of records related to Missing Armed Forces Personnel. (5) The interest, desire, workforce, and funding of Federal agencies to assemble, review, and declassify records relating to Missing Armed Forces Personnel have been lacking. (6) All records of the Federal Government relating to Missing Armed Forces Personnel should be preserved for historical and governmental purposes and for public research. (7) All records of the Federal Government relating to Missing Armed Forces Personnel should carry a presumption of declassification, and all such records should be disclosed under this Act to enable the fullest possible accounting for Missing Armed Forces Personnel. (8) Legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure of records relating to Missing Armed Forces Personnel. (9) Legislation is necessary because section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), as implemented by Federal agencies, has prevented the timely public disclosure of records relating to Missing Armed Forces Personnel. (b) Purposes The purposes of this Act are— (1) to provide for the creation of the Missing Armed Forces Personnel Records Collection at the National Archives; and (2) to require the expeditious public transmission to the Archivist and public disclosure of Missing Armed Forces Personnel records, subject to narrow exceptions, as set forth in this Act. 3. Definitions In this Act: (1) Archivist The term Archivist means Archivist of the United States. (2) Collection The term Collection means the Missing Armed Forces Personnel Records Collection established under section 4(a). (3) Executive agency The term Executive agency — (A) means an agency, as defined in section 552(f) of title 5, United States Code; and (B) includes any Executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Federal Government, including the Executive Office of the President, any branch of the Armed Forces, and any independent regulatory agency. (4) Executive branch Missing Armed Forces Personnel record The term executive branch Missing Armed Forces Personnel record means a Missing Armed Forces Personnel record of an Executive agency, or information contained in such a Missing Armed Forces Personnel record obtained by or developed within the executive branch of the Federal Government. (5) Government office The term Government office means an Executive agency, the Library of Congress, or the National Archives. (6) Missing Armed Forces Personnel (A) Definition The term Missing Armed Forces Personnel means 1 or more missing persons. (B) Inclusions The term Missing Armed Forces Personnel includes an individual who was a missing person and whose status was later changed to missing and presumed dead . (7) Missing Armed Forces Personnel record The term Missing Armed Forces Personnel record means a record that relates, directly or indirectly, to the loss, fate, or status of Missing Armed Forces Personnel that— (A) was created or made available for use by, obtained by, or otherwise came into the custody, possession, or control of— (i) any Government office; (ii) any Presidential library; or (iii) any of the Armed Forces; and (B) relates to 1 or more Missing Armed Forces Personnel who became missing persons during the period— (i) beginning on December 7, 1941; and (ii) ending on the date of enactment of this Act. (8) Missing person The term missing person has the meaning given that term in section 1513 of title 10, United States Code. (9) National archives The term National Archives — (A) means the National Archives and Records Administration; and (B) includes any component of the National Archives and Records Administration (including Presidential archival depositories established under section 2112 of title 44, United States Code). (10) Official investigation The term official investigation means a review, briefing, inquiry, or hearing relating to Missing Armed Forces Personnel conducted by a Presidential commission, committee of Congress, or agency, regardless of whether it is conducted independently, at the request of any Presidential commission or committee of Congress, or at the request of any official of the Federal Government. (11) Originating body The term originating body means the Government office or other initial source that created a record or particular information within a record. (12) Public interest The term public interest means the compelling interest in the prompt public disclosure of Missing Armed Forces Personnel records for historical and governmental purposes, for public research, and for the purpose of fully informing the people of the United States, most importantly families of Missing Armed Forces Personnel, about the fate of the Missing Armed Forces Personnel and the process by which the Federal Government has sought to account for them. (13) Record The term record has the meaning given the term records in section 3301 of title 44, United States Code. (14) Review board The term Review Board means the Missing Armed Forces Personnel Records Review Board established under section 7. 4. Missing Armed Forces Personnel Records Collection at the National Archives (a) Establishment of collection Not later than 90 days after the date of enactment of this Act, the Archivist shall— (1) commence establishment of a collection of records to be known as the Missing Armed Forces Personnel Records Collection ; (2) commence preparing the subject guidebook and index to the Collection; and (3) establish criteria for Executive agencies to follow when transmitting copies of Missing Armed Forces Personnel Records to the Archivist, to include required metadata. (b) Regulations Not later than 180 days after the date of enactment of this Act, the Review Board shall promulgate rules to establish guidelines and processes for the disclosure of records contained in the Collection. 5. Review, identification, transmission to the National Archives, and public disclosure of Missing Armed Forces Personnel records by Government offices (a) In general (1) Preparation As soon as practicable after the date of enactment of this Act, and sufficiently in advance of the deadlines established under this Act, each Government office shall— (A) identify and locate any Missing Armed Forces Personnel records in the custody, possession, or control of the Government office; and (B) prepare for transmission to the Archivist in accordance with the criteria established by the Archivist a copy of any Missing Armed Forces Personnel records that have not previously been transmitted to the Archivist by the Government office. (2) Certification Each Government office shall submit to the Archivist, under penalty of perjury, a certification indicating— (A) whether the Government office has conducted a thorough search for all Missing Armed Forces Personnel records in the custody, possession, or control of the Government office; and (B) whether a copy of any Missing Armed Forces Personnel record has not been transmitted to the Archivist. (3) Preservation No Missing Armed Forces Personnel record shall be destroyed, altered, or mutilated in any way. (4) Effect of previous disclosure Information that was made available or disclosed to the public before the date of enactment of this Act in a Missing Armed Forces Personnel record may not be withheld, redacted, postponed for public disclosure, or reclassified. (5) Withheld and substantially redacted records For any Missing Armed Forces Personnel record that is transmitted to the Archivist which a Government office proposes to substantially redact or withhold in full from public access, the head of the Government office shall submit an unclassified and publicly releasable report to the Archivist, the Review Board, and each appropriate committee of the Senate and the House of Representatives justifying the decision of the Government office to substantially redact or withhold the record by demonstrating that the release of information would clearly and demonstrably be expected to cause an articulated harm, and that the harm would be of such gravity as to outweigh the public interest in access to the information. (b) Review (1) In general Not later than 180 days after the date of enactment of this Act, each Government office shall, in accordance with the criteria established by the Archivist and the rules promulgated under paragraph (2)— (A) identify, locate, copy, and review each Missing Armed Forces Personnel record in the custody, possession, or control of the Government office for transmission to the Archivist and disclosure to the public or, if needed, review by the Review Board; and (B) cooperate fully, in consultation with the Archivist, in carrying out paragraph (3). (2) Requirement The Review Board shall promulgate rules for the disclosure of relevant records by Government offices under paragraph (1). (3) National Archives records Not later than 180 days after the date of enactment of this Act, the Archivist shall— (A) locate and identify all Missing Armed Forces Personnel records in the custody of the National Archives as of the date of enactment of this Act that remain classified, in whole or in part; (B) notify a Government office if the Archivist locates and identifies a record of the Government office under subparagraph (A); and (C) make each classified Missing Armed Forces Personnel record located and identified under subparagraph (A) available for review by Executive agencies through the National Declassification Center established under Executive Order 13526. (4) Records already public A Missing Armed Forces Personnel record that is in the custody of the National Archives on the date of enactment of this Act and that has been publicly available in its entirety without redaction shall be made available in the Collection without any additional review by the Archivist, the Review Board, or any other Government office under this Act. (c) Transmission to the national archives Each Government office shall— (1) not later than 180 days after the date of enactment of this Act, commence transmission to the Archivist of copies of the Missing Armed Forces Personnel records in the custody, possession, or control of the Government office; and (2) not later than 1 year after the date of enactment of this Act, complete transmission to the Archivist of copies of all Missing Armed Forces Personnel records in the possession or control of the Government office. (d) Periodic review of postponed Missing Armed Services Personnel records (1) In general All Missing Armed Forces Personnel records, or information within a Missing Armed Forces Personnel record, the public disclosure of which has been postponed under the standards under this Act shall be reviewed by the originating body— (A) (i) periodically, but not less than every 5 years, after the date on which the Review Board terminates under section 7(o); and (ii) at the direction of the Archivist; and (B) consistent with the recommendations of the Review Board under section 9(b)(3)(B). (2) Contents (A) In general A periodic review of a Missing Armed Forces Personnel record, or information within a Missing Armed Forces Personnel record, by the originating body shall address the public disclosure of the Missing Armed Forces Personnel record under the standards under this Act. (B) Continued postponement If an originating body conducting a periodic review of a Missing Armed Forces Personnel record, or information within a Missing Armed Forces Personnel record, the public disclosure of which has been postponed under the standards under this Act, determines that continued postponement is required, the originating body shall provide to the Archivist an unclassified written description of the reason for the continued postponement that the Archivist shall highlight and make accessible on a publicly accessible website administered by the National Archives. (C) Scope The periodic review of postponed Missing Armed Forces Personnel records, or information within a Missing Armed Forces Personnel record, shall serve the purpose stated in section 2(b)(2), to provide expeditious public disclosure of Missing Armed Forces Personnel records, to the fullest extent possible, subject only to the grounds for postponement of disclosure under section 6. (D) Disclosure absent certification by President Not later than 10 years after the date of enactment of this Act, all Missing Armed Forces Personnel records, and information within a Missing Armed Forces Personnel record, shall be publicly disclosed in full, and available in the Collection, unless— (i) the head of the originating body, Executive agency, or other Government office recommends in writing that continued postponement is necessary; (ii) the written recommendation described in clause (i)— (I) is provided to the Archivist in unclassified and publicly releasable form not later than 180 days before the date that is 10 years after the date of enactment of this Act; and (II) includes— (aa) a justification of the recommendation to postpone disclosure with clear and convincing evidence that the identifiable harm is of such gravity that it outweighs the public interest in disclosure; and (bb) a recommended specified time at which or a specified occurrence following which the material may be appropriately disclosed to the public under this Act; (iii) the Archivist transmits all recommended postponements and the recommendation of the Archivist to the President not later than 90 days before the date that is 10 years after the date of enactment of this Act; and (iv) the President transmits to the Archivist a certification indicating that continued postponement is necessary and the identifiable harm, as demonstrated by clear and convincing evidence, is of such gravity that it outweighs the public interest in disclosure not later than the date that is 10 years after the date of enactment of this Act. 6. Grounds for postponement of public disclosure of records (a) In general Disclosure to the public of a Missing Armed Forces Personnel record or particular information in a Missing Armed Forces Personnel record created after the date that is 25 years before the date of the review of the Missing Armed Forces Personnel record by the Archivist may be postponed subject to the limitations under this Act only— (1) if it pertains to— (A) military plans, weapons systems, or operations; (B) foreign government information; (C) intelligence activities (including covert action), intelligence sources or methods, or cryptology; (D) foreign relations or foreign activities of the United States, including confidential sources; (E) scientific, technological, or economic matters relating to the national security; (F) United States Government programs for safeguarding nuclear materials or facilities; (G) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or (H) the development, production, or use of weapons of mass destruction; and (2) the threat posed by the public disclosure of the Missing Armed Forces Personnel record or information is of such gravity that it outweighs the public interest in disclosure. (b) Older records Disclosure to the public of a Missing Armed Forces Personnel record or particular information in a Missing Armed Forces Personnel record created on or before the date that is 25 years before the date of the review of the Missing Armed Forces Personnel record by the Archivist may be postponed subject to the limitations under this Act only if, as demonstrated by clear and convincing evidence— (1) the release of the information would be expected to— (A) reveal the identity of a confidential human source, a human intelligence source, a relationship with an intelligence or security service of a foreign government or international organization, or a nonhuman intelligence source, or impair the effectiveness of an intelligence method currently in use, available for use, or under development; (B) reveal information that would impair United States cryptologic systems or activities; (C) reveal formally named or numbered United States military war plans that remain in effect, or reveal operational or tactical elements of prior plans that are contained in such active plans; or (D) reveal information, including foreign government information, that would cause serious harm to relations between the United States and a foreign government, or to ongoing diplomatic activities of the United States; and (2) the threat posed by the public disclosure of the Missing Armed Forces Personnel record or information is of such gravity that it outweighs the public interest in disclosure. (c) Exception Regardless of the age of a Missing Armed Forces Personnel record—the date on which a Missing Armed Forces Personnel record was created—disclosure to the public of information in the Missing Armed Forces Personnel record may be postponed if— (1) the public disclosure of the information would reveal the name or identity of a living person who provided confidential information to the United States and would pose a substantial risk of harm to that person; (2) the public disclosure of the information could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or (3) the public disclosure of the information could reasonably be expected to cause harm to the methods currently in use or available for use by members of the Armed Forces to survive, evade, resist, or escape. 7. Establishment and powers of the Missing Armed Forces Personnel Records Review Board (a) Establishment There is established as an independent establishment in the executive branch a board to be known as the Missing Armed Forces Personnel Records Review Board . (b) Membership (1) Appointments The President shall appoint, by and with the advice and consent of the Senate, 5 individuals to serve as a member of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of Missing Armed Forces Personnel records. (2) Qualifications The President shall appoint individuals to serve as members of the Review Board— (A) without regard to political affiliation; (B) who are citizens of the United States of integrity and impartiality; (C) who are not an employee of an Executive agency on the date of the appointment; (D) who have high national professional reputation in their fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the identification, location, review, transmission to the Archivist, and public disclosure of Missing Armed Forces Personnel records; (E) who possess an appreciation of the value of Missing Armed Forces Personnel records to scholars, the Federal Government, and the public, particularly families of Missing Armed Forces Personnel; (F) not less than 1 of whom is a professional historian; and (G) not less than 1 of whom is an attorney. (3) Deadlines (A) In general Not later than 60 days after the date of enactment of this Act, the President shall submit nominations for all members of the Review Board. (B) Confirmation rejected If the Senate votes not to confirm a nomination to serve as a member of the Review Board, not later than 90 days after the date of the vote the President shall submit the nomination of an additional individual to serve as a member of the Review Board. (4) Consultation The President shall make nominations to the Review Board after considering individuals recommended by the American Historical Association, the Organization of American Historians, the Society of American Archivists, the American Bar Association, veterans’ organizations, and organizations representing families of Missing Armed Forces Personnel. (c) Security clearances The appropriate departments, agencies, and elements of the executive branch of the Federal Government shall cooperate to ensure that an application by an individual nominated to be a member of the Review Board, seeking security clearances necessary to carry out the duties of the Review Board, is expeditiously reviewed and granted or denied. (d) Confirmation (1) Hearings Not later than 30 days on which the Senate is in session after the date on which not less than 3 individuals have been nominated to serve as members of the Review Board, the Committee on Homeland Security and Governmental Affairs of the Senate shall hold confirmation hearings on the nominations. (2) Committee vote Not later than 14 days on which the Senate is in session after the date on which the Committee on Homeland Security and Governmental Affairs holds a confirmation hearing on the nomination of an individual to serve as a member of the Review Board, the committee shall vote on the nomination and report the results to the full Senate immediately. (3) Senate vote Not later than 14 days on which the Senate is in session after the date on which the Committee on Homeland Security and Governmental Affairs reports the results of a vote on a nomination of an individual to serve as a member of the Review Board, the Senate shall vote on the confirmation of the nominee. (e) Vacancy Not later than 60 days after the date on which a vacancy on the Review Board occurs, the vacancy shall be filled in the same manner as specified for original appointment. (f) Chairperson The members of the Review Board shall elect a member as Chairperson at the initial meeting of the Review Board. (g) Removal of Review Board member (1) In general A member of the Review Board shall not be removed from office, other than— (A) by impeachment by Congress; or (B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties. (2) Judicial review (A) In general A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia. (B) Relief The member may be reinstated or granted other appropriate relief by order of the court. (h) Compensation of members (1) Basic pay A member of the Review Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Review Board. (2) Travel expenses A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member’s home or regular place of business in the performance of services for the Review Board. (i) Duties of the Review Board (1) In general The Review Board shall consider and render a decision on a determination by a Government office to seek to postpone the disclosure of a Missing Armed Forces Personnel record, in whole or in part. (2) Records In carrying out paragraph (1), the Review Board shall consider and render a decision regarding— (A) whether a record constitutes a Missing Armed Forces Personnel record; and (B) whether a Missing Armed Forces Personnel record, or particular information in a Missing Armed Forces Personnel record, qualifies for postponement of disclosure under this Act. (j) Powers The Review Board shall have the authority to act in a manner prescribed under this Act, including authority to— (1) direct Government offices to transmit to the Archivist Missing Armed Forces Personnel records as required under this Act; (2) direct Government offices to transmit to the Archivist substitutes and summaries of Missing Armed Forces Personnel records that can be publicly disclosed to the fullest extent for any Missing Armed Forces Personnel record that is proposed for postponement; (3) obtain access to Missing Armed Forces Personnel records that have been identified by a Government office; (4) direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals, which the Review Board has reason to believe is required to fulfill its functions and responsibilities under this Act; (5) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Review Board considers advisable to carry out its responsibilities under this Act; (6) hold individuals in contempt for failure to comply with directives and mandates issued by the Review Board under this Act, which shall not include the authority to imprison or fine any individual; (7) require any Government office to account in writing for the destruction of any records relating to the loss, fate, or status of Missing Armed Forces Personnel; (8) receive information from the public regarding the identification and public disclosure of Missing Armed Forces Personnel records; and (9) make a final determination regarding whether a Missing Armed Forces Personnel record will be disclosed to the public or disclosure of the Missing Armed Forces Personnel record to the public will be postponed, notwithstanding the determination of an Executive agency. (k) Witness immunity The Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. (l) Oversight (1) In general The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives shall have— (A) continuing oversight jurisdiction with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board; and (B) upon request, access to any records held or created by the Review Board. (2) Duty of Review Board The Review Board shall have the duty to cooperate with the exercise of oversight jurisdiction under paragraph (1). (m) Support services The Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis. (n) Interpretive regulations The Review Board may issue interpretive regulations. (o) Termination and winding Up (1) In general Two years after the date of enactment of this Act, the Review Board shall, by majority vote, determine whether all Government offices have complied with the obligations, mandates, and directives under this Act. (2) Termination date The Review Board shall terminate on the date that is 4 years after the date of enactment of this Act. (3) Report Before the termination of the Review Board under paragraph (2), the Review Board shall submit to Congress reports, including a complete and accurate accounting of expenditures during its existence, and shall complete all other reporting requirements under this Act. (4) Records Upon termination of the Review Board, the Review Board shall transfer all records of the Review Board to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed. 8. Missing Armed Forces Personnel Records Review Board personnel (a) Executive director (1) In general Not later than 45 days after the initial meeting of the Review Board, the Review Board shall appoint an individual to the position of Executive Director. (2) Qualifications The individual appointed as Executive Director of the Review Board— (A) shall be a citizen of the United States of integrity and impartiality; (B) shall be appointed without regard to political affiliation; and (C) shall not have any conflict of interest with the mission of the Review Board. (3) Security clearance (A) Limit on appointment The Review Board shall not appoint an individual as Executive Director until after the date on which the individual qualifies for the necessary security clearance. (B) Expedited provision The appropriate departments, agencies, and elements of the executive branch of the Federal Government shall cooperate to ensure that an application by an individual nominated to be Executive Director, seeking security clearances necessary to carry out the duties of the Executive Director, is expeditiously reviewed and granted or denied. (4) Duties The Executive Director shall— (A) serve as principal liaison to Government offices; (B) be responsible for the administration and coordination of the review of records by the Review Board; (C) be responsible for the administration of all official activities conducted by the Review Board; and (D) not have the authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure. (5) Removal The Executive Director may be removed by a majority vote of the Review Board. (b) Staff (1) In general The Review Board may, in accordance with the civil service laws, but without regard to civil service law and regulation for competitive service as defined in subchapter I of chapter 33 of title 5, United States Code, appoint and terminate additional employees as are necessary to enable the Review Board and the Executive Director to perform their duties under this Act. (2) Qualifications An individual appointed to a position as an employee of the Review Board— (A) shall be a citizen of the United States of integrity and impartiality; and (B) shall not have had any previous involvement with any official investigation or inquiry relating to the loss, fate, or status of Missing Armed Forces Personnel. (3) Security clearance (A) Limit on appointment The Review Board shall not appoint an individual as an employee of the Review Board until after the date on which the individual qualifies for the necessary security clearance. (B) Expedited provision The appropriate departments, agencies, and elements of the executive branch of the Federal Government shall cooperate to ensure that an application by an individual who is a candidate for a position with the Review Board, seeking security clearances necessary to carry out the duties of the position, is expeditiously reviewed and granted or denied. (c) Compensation The Review Board shall fix the compensation of the Executive Director and other employees of the Review Board without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director and other employees may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Advisory committees (1) In general The Review Board may create 1 or more advisory committees to assist in fulfilling the responsibilities of the Review Board under this Act. (2) Applicability of FACA Any advisory committee created by the Review Board shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 9. Review of records by the Missing Armed Forces Personnel Records Review Board (a) Startup requirements The Review Board shall— (1) not later than 90 days after the date on which all members are appointed, publish an initial schedule for review of all Missing Armed Forces Personnel records, which the Archivist shall highlight and make available on a publicly accessible website administered by the National Archives; and (2) not later than 180 days after the date of enactment of this Act, begin reviewing of Missing Armed Forces Personnel records under this Act. (b) Determination of the Review Board (1) In general The Review Board shall direct that all records that relate, directly or indirectly, to the loss, fate, or status of Missing Armed Forces Personnel be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that— (A) the record is not a Missing Armed Forces Personnel record; or (B) the Missing Armed Forces Personnel record, or particular information within the Missing Armed Forces Personnel record, qualifies for postponement of public disclosure under this Act. (2) Postponement In approving postponement of public disclosure of a Missing Armed Forces Personnel record, or information within a Missing Armed Forces Personnel record, the Review Board shall seek to— (A) provide for the disclosure of segregable parts, substitutes, or summaries of the Missing Armed Forces Personnel record; and (B) determine, in consultation with the originating body and consistent with the standards for postponement under this Act, which of the following alternative forms of disclosure shall be made by the originating body: (i) Any reasonably segregable particular information in a Missing Armed Forces Personnel record. (ii) A substitute record for that information which is postponed. (iii) A summary of a Missing Armed Forces Personnel record. (3) Reporting With respect to a Missing Armed Forces Personnel record, or information within a Missing Armed Forces Personnel record, the public disclosure of which is postponed under this Act, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the Archivist an unclassified and publicly releasable report containing— (A) a description of actions by the Review Board, the originating body, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board; and (B) a statement, based on a review of the proceedings and in conformity with the decisions reflected therein, designating a recommended specified time at which, or a specified occurrence following which, the material may be appropriately disclosed to the public under this Act, which the Review Board shall disclose to the public with notice thereof, reasonably calculated to make interested members of the public aware of the existence of the statement. (4) Actions after determination (A) In general Not later than 14 days after the date of a determination by the Review Board that a Missing Armed Forces Personnel record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, the Review Board shall notify the head of the originating body of the determination and highlight and make available the determination on a publicly accessible website reasonably calculated to make interested members of the public aware of the existence of the determination. (B) Oversight notice Simultaneous with notice under subparagraph (A), the Review Board shall provide notice of a determination concerning the public disclosure or postponement of disclosure of a Missing Armed Forces Personnel record, or information contained within a Missing Armed Forces Personnel record, which shall include a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards in section 6 to the President, to the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives. (5) Referral after termination A Missing Armed Forces Personnel record that is identified, located, or otherwise discovered after the date on which the Review Board terminates shall be transmitted to the Archivist for the Collection and referred to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives for review, ongoing oversight and, as warranted, referral for possible enforcement action relating to a violation of this Act and determination as to whether declassification of the Missing Armed Forces Personnel is warranted under this Act. (c) Notice to public Every 30 days, beginning on the date that is 60 days after the date on which the Review Board first approves the postponement of disclosure of a Missing Armed Forces Personnel record, the Review Board shall highlight and make accessible on a publicly available website reasonably calculated to make interested members of the public aware of the existence of the postponement a notice that summarizes the postponements approved by the Review Board, including a description of the subject, originating body, length or other physical description, and each ground for postponement that is relied upon. (d) Reports by the Review Board (1) In general Not later than 1 year after the date of enactment of this Act, and every year thereafter until the Review Board terminates, the Review Board shall submit a report regarding the activities of the Review Board to— (A) the Committee on Oversight and Reform of the House of Representatives; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the President; (D) the Archivist; and (E) the head of any Government office the records of which have been the subject of Review Board activity. (2) Contents Each report under paragraph (1) shall include the following information: (A) A financial report of the expenses for all official activities and requirements of the Review Board and its employees. (B) The progress made on review, transmission to the Archivist, and public disclosure of Missing Armed Forces Personnel records. (C) The estimated time and volume of Missing Armed Forces Personnel records involved in the completion of the duties of the Review Board under this Act. (D) Any special problems, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to carry out its duties under this Act. (E) A record of review activities, including a record of postponement decisions by the Review Board or other related actions authorized under this Act, and a record of the volume of records reviewed and postponed. (F) Suggestions and requests to Congress for additional legislative authority needs. (G) An appendix containing copies of reports relating to postponed records submitted to the Archivist under subsection (b)(3) since the end of the period covered by the most recent report under paragraph (1). (3) Termination notice Not later than 90 days before the Review Board expects to complete the work of the Review Board under this Act, the Review Board shall provide written notice to Congress of the intent of the Review Board to terminate operations at a specified date. 10. Disclosure of other materials and additional study (a) Materials under seal of court (1) In general The Review Board may request the Attorney General to petition any court of the United States or of a foreign country to release any information relevant to the loss, fate, or status of Missing Armed Forces Personnel that is held under seal of the court. (2) Grand jury information (A) In general The Review Board may request the Attorney General to petition any court of the United States to release any information relevant to loss, fate, or status of Missing Armed Forces Personnel that is held under the injunction of secrecy of a grand jury. (B) Treatment A request for disclosure of Missing Armed Forces Personnel materials under this Act shall be deemed to constitute a showing of particularized need under rule 6 of the Federal Rules of Criminal Procedure. (b) Sense of Congress It is the sense of Congress that— (1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury; (2) the Secretary of State should— (A) contact the Governments of the Russian Federation, the People’s Republic of China, and the Democratic People’s Republic of Korea to seek the disclosure of all records in their respective custody, possession, or control relevant to the loss, fate, or status of Missing Armed Forces Personnel; and (B) contact any other foreign government that may hold information relevant to the loss, fate, or status of Missing Armed Forces Personnel, and seek disclosure of such information; and (3) all agencies should cooperate in full with the Review Board to seek the disclosure of all information relevant to the loss, fate, or status of Missing Armed Forces Personnel consistent with the public interest. 11. Rules of construction (a) Precedence over other law When this Act requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other law (except section 6103 of the Internal Revenue Code of 1986), judicial decision construing such law, or common law doctrine that would otherwise prohibit such transmission or disclosure, with the exception of deeds governing access to or transfer or release of gifts and donations of records to the United States Government. (b) Freedom of information Act Nothing in this Act shall be construed to eliminate or limit any right to file requests with any Executive agency or seek judicial review of the decisions under section 552 of title 5, United States Code. (c) Judicial review Nothing in this Act shall be construed to preclude judicial review under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this Act. (d) Existing authority Nothing in this Act revokes or limits the existing authority of the President, any Executive agency, the Senate, or the House of Representatives, or any other entity of the Government to publicly disclose records in its custody, possession, or control. (e) Rules of the Senate and House of Representatives To the extent that any provision of this Act establishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate 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. 12. Termination of effect of Act (a) Provisions pertaining to the Review Board The provisions of this Act that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated under section 7(o). (b) Other provisions The remaining provisions of this Act shall continue in effect until such time as the Archivist certifies to the President and Congress that all Missing Armed Forces Personnel records have been made available to the public in accordance with this Act. 13. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as are necessary to carry out this Act, to remain available until expended. (b) Interim funding Until such time as funds are appropriated pursuant to subsection (a), the President may use such sums as are available for discretionary use to carry out this Act. 14. Severability If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation. | https://www.govinfo.gov/content/pkg/BILLS-117s5203is/xml/BILLS-117s5203is.xml |
117-s-5204 | II 117th CONGRESS 2d Session S. 5204 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To strengthen student achievement and graduation rates and prepare children and youth for college, careers, and citizenship through innovative partnerships that meet the comprehensive needs of children and youth.
1. Short title; table of contents (a) Short title This Act may be cited as the Developing Innovative Partnerships and Learning Opportunities that Motivate Achievement Act or the DIPLOMA Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. Sec. 5. Demonstration program authorized; allotment to States. Sec. 6. Demonstration competitive program authorized. Sec. 7. State child and youth strategy. Sec. 8. Coordinating body; State applications. Sec. 9. State use of funds. Sec. 10. Local consortium application; local child and youth strategy. Sec. 11. Local use of funds. Sec. 12. Construction. Sec. 13. Accountability and transparency. Sec. 14. Authorization of appropriations. 2. Findings Congress finds the following: (1) The future strength of the Nation’s democracy, as well as the Nation’s economy, is dependent upon the investments made in children and youth today. (2) Evidence demonstrates that effective partnerships among schools and communities increase student achievement by addressing the academic needs of students as well as the challenges the students face outside the classroom. For example: (A) Chicago public schools lead one of the Nation’s largest community school initiatives and found that students in grades 9 through 12 who attend a community school have 61 percent fewer school-day absences than their non-community school counterparts. When compared to non-community school counterparts— (i) students in grades 9 through 12 were found to have more positive educational experiences; (ii) students in grades 4 through 8 had higher emotional health scores on the survey; and (iii) students in kindergarten through grade 3 had 53 percent fewer suspensions and 55 percent fewer misconducts. (B) In a 7-year study of 200 Chicago public schools, sociologist Anthony Bryk found that in schools where grassroots organizations forge strong connections with their schools, trust levels and parent involvement are greater. (C) United Way of Salt Lake’s Promise Partnership, an initiative across multiple school districts in the Salt Lake, Utah area, has helped increase student achievement and graduation rates. Since the program’s launch in 2014, 5 out of the 8 targeted indicators have improved, even in light of the challenges posed by COVID–19. Kindergarten readiness in numeracy increased by 3 percent, 8th grade math proficiency improved by 8 percent, high school graduation rose by 5 percent, postsecondary readiness grew by 4 percent, and postsecondary completion increased by 5 percent. To overcome pandemic-related learning loss in literacy, Promise Partnership school Mill Creek Elementary collaborated with 80 volunteers from organizations including Goldman Sachs and Dominion Energy to offer tutoring support through the iReady program. By the end of the 2020–2021 school year, the number of 3rd grade students participating in the program testing at or above grade level tripled. (D) From 2015 to 2018, the New York City Community School Initiative improved attendance, on-time grade progression, and graduation rates across elementary and secondary students. During the same 3-year period, this initiative led to a reduction in disciplinary incidents for elementary and middle school students while also improving math achievement scores. Middle school students attending community schools scored 4.2 percentage points higher on math exams compared their peers at non-community schools, and high school students attending community schools earned 12 percent more credits per academic year than students enrolled at non-community schools. (E) In Wisconsin, where formal partnerships with community agencies are required for grant programs, non-traditional partners have proven to be instrumental for smaller communities to enrich after school programs. Those partners have included— (i) local trucking companies; (ii) statewide nonprofit organizations, such as The Grange; (iii) Farm Bureau; (iv) small retailers; and (v) retirees. (F) The Union City Public Schools school district in New Jersey proves that by breaking down institutional silos and creating deep partnerships, through collaboration and municipal involvement, schools can be vibrant places of hope despite poverty, unemployment, and lack of affordable housing. (G) Six family resource centers housed in community schools in Redwood City, California promote school readiness among children while also providing parents with educational services, community resources, and leadership opportunities. A 2017 report indicates that with the assistance of English language proficiency supports, 70 percent of Redwood City community school parents were able to participate in their children’s school meetings, attend professional development programs, and engage in family-to-family education and outreach. Over the course of a 3-year period, students whose parents participated in family engagement programs had a 40 percent increase in attendance and were more likely to see improvement in their math and English language test scores. (H) By meeting the comprehensive needs of students, Communities In Schools, a national dropout prevention organization, found that 99 percent of participating students stayed in school, 78 percent of participating students met or made progress toward their attendance goals, 90 percent met or made progress toward their behavior goals, and 88 percent met or made progress toward their academic improvement goals. (3) In adopting the Every Student Succeeds Act ( Public Law 114–95 ), Congress recognized community schools as a strategy to significantly improve the coordination and integration, accessibility, and effectiveness of services for children and families, particularly for children attending high-poverty schools, including high-poverty rural schools. Congress recognized community schools as an effective use of funds for school districts in the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (4) Approximately 86 percent of 9th graders graduate from high school within 4 years. Of students who graduate from high school, 63 percent enroll in a 2- or 4-year college in the fall after completing high school. Only about half (64 percent) of first-time, full-time college freshmen seeking a 4-year degree receive a bachelor’s degree within 6 years or less. (5) Over the past 4 decades, the United States has slipped from being first in the world in high school and college graduation rates to 21st and 14th, respectively, putting the Nation at a growing competitive disadvantage with other countries. (6) The 2022 National Assessment of Educational Progress Long-Term Trend Assessment results indicate that between 2020 and 2022, students experienced a 5-percent drop in reading scores, the largest drop since 1990, and a 7-percent decrease, the first ever drop, in math scores. Black student scores in math fell by 13 percent as compared to a 5-percent decrease by their White peers, thus expanding the achievement gap from 25 percentage points to 33 percent percentage points in just 2 years. (7) In a study conducted by Hanover Research, data showed that quality partnerships between schools and their communities can result in improved attendance, motivation, conduct, and academic achievement. Community-level strategies like focusing on parental involvement, community building, and cultural competence were shown to contribute to decreases in the achievement gap between lower- and upper-income students. (8) Research from the Government Accountability Office found that students who change schools less frequently are more likely to perform at grade level and less likely to repeat a grade than their less stable peers. (9) In research studies in psychology, health, and education by Teachers College, Columbia University, school connectedness is identified as important to student learning, achievement, and well-being. When students feel a sense of connection with the larger world and community institutions, they are more engaged in instructional activities and express greater commitment to school. (10) It has been learned from successful experiences that hundreds of thousands of arts, cultural, service, sports, college, and other youth organizations, as well as civic and faith-based groups, want to partner with schools and educators to reinforce learning, but far too often, neither the school nor the community know how to effectively connect with each other. (11) In order for the United States to compete in a global economy, the co-partnering efforts of government, social services, business, arts, home, community-based organizations, and philanthropy need to concentrate their efforts where they are most needed: in our schools. (12) Research from Johns Hopkins University has shown that access to summer learning opportunities leads to significant student learning gains not experienced by students who cannot access summer learning opportunities. (13) A 2011 study conducted by the RAND Corporation found that students who attend summer learning programs, particularly those featuring individualized instruction, parental involvement, and small class sizes, experience clear benefits in overcoming the achievement gap between low- and upper-income students. (14) Research from the Community School Partnership found that community schools see a return of $7.11 for every dollar of investment in community schools coordinators. (15) A 2017 report from the Learning Policy Institute found that teacher retention has a direct impact on student learning and academic performance. Implementing strategies such as teacher residency programs, high-quality mentoring, grow your own models, principal training and State leadership academies can lead to higher rates of educator retention and career satisfaction. For example, California’s Paraprofessional Teacher Training Program has prepared more than 2,200 paraprofessionals to become fully certified teachers with 92 percent of graduates obtaining teaching positions in California public schools. (16) According to the National Center for Education Statistics, 44 percent of public schools reported having at least 1 full-time or part-time vacant teaching position in the spring of 2022. Of those schools with reported unfilled teaching positions, 51 percent cited resignation as the leading cause of vacancies. 3. Purposes The purposes of this Act are— (1) to create engaging learning experiences that— (A) strengthen academic achievement, build civic capacity, and provide a continuum of supports and opportunities for children, youth, and families; and (B) prepare children and youth for college, careers, and citizenship through results-focused partnerships that mobilize and coordinate school and community resources; (2) to ensure the academic, physical, social, emotional, health, mental health, and civic development of disadvantaged children and youth and thereby strengthen their families and communities; (3) to engage and support parents, care givers, and families in their role as first educators of their children; (4) to promote community and family engagement in education; (5) to leverage and integrate the human and financial assets of local communities, schools, State governments, the Federal Government, and the natural assets of communities— (A) toward better results for children, youth, and families; and (B) for sustained civic capacity; (6) to develop school improvement strategies that incorporate approaches that meet the comprehensive needs of children and youth, such as full service community schools, community-based, integrated student services, and related approaches; (7) to ensure that schools and neighborhoods are safe and provide a positive climate for learning; and (8) to address learning loss as a result of the COVID–19 pandemic. 4. Definitions In this Act: (1) Child with a disability The term child with a disability has the meaning given the term in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). (2) Chronically absent The term chronically absent , when used with respect to a student, means a student who misses not less than 10 percent or not less than 20 days of school days in an academic year. (3) Community-based, integrated student services The term community-based, integrated student services means interventions, coordinated through a single point of contact, that improve student achievement by connecting community resources with the academic and social service needs of students. (4) Community engagement in education The term community engagement in education — (A) means systematic efforts to involve, engage, and collaborate with parents, community residents, members of school communities, community partners, and other stakeholders in exploring the needs of their students and schools, developing plans to address those needs, and working together to address those needs; and (B) includes effective community engagement in an ongoing process to develop a welcoming school and school system, mobilize the community’s assets to support student achievement and growth, engage those individuals and stakeholders who traditionally have not participated in the school or school system, improve working relationships, and deepen the commitment to student success. (5) Digital learning The term digital learning — (A) means instructional practices that effectively use technology to strengthen the student learning experience; and (B) may include online and formative assessments, instructional resources, online content and courses, applications of technology in the classroom and school building, adaptive software for children with disabilities, learning platforms, and online professional communities of practice. (6) Evidence-based The term evidence-based , when used with respect to a goal or service, means a goal or service that meets an evidence level described in subclause (I), (II), or (III) of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(21)(A)(i)(I) , (II), and (III)) or section 8101(21)(A)(ii) of such Act. (7) Family engagement in education The term family engagement in education means a shared responsibility of families and schools for student success, in which schools and community-based organizations are committed to reaching out to engage families in meaningful ways that— (A) encourages the families to actively support their children’s learning and development, as well as the learning and development of other children; and (B) is continuous from birth through young adulthood and reinforces learning that takes place in the home, school, and community. (8) Full service community school The term full service community school means a public elementary school or secondary school that— (A) participates in a community-based effort to coordinate educational, developmental, family, health, and other comprehensive services through community-based organizations, specialized instructional support personnel employed by the school or the local educational agency, and public and private partnerships; and (B) provides access to such services to students, families, and the community, including access during the school year (including before- and after-school hours), and during the summer. (9) Local consortium The term local consortium means a consortium consisting of community partners that— (A) shall include— (i) a local educational agency; and (ii) not less than one community partner that is independent of the local educational agency, such as— (I) a community-based organization; (II) a child and youth serving organization or agency; (III) an institution of higher education; (IV) a foundation; (V) a business; (VI) a teacher organization; (VII) an organization representing education professionals; (VIII) a local government, including a government agency serving children and youth, such as a child welfare and juvenile justice agency; (IX) an organization representing students; or (X) an organization representing parents; and (B) may include additional community partners from other communities. (10) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (11) Outlying area The term outlying area has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (12) Secretary The term Secretary means the Secretary of Education. (13) Specialized instructional support personnel The term specialized instructional support personnel means— (A) school counselors, school social workers, and school psychologists; and (B) other qualified professional personnel, such as school nurses, speech language pathologists, community school coordinators, and school librarians, involved in providing assessment, diagnosis, and counseling, and educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )) as part of a comprehensive program to meet student needs. (14) Specialized instructional support services The term specialized instructional support services means the services provided by specialized instructional support personnel. (15) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (16) 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 ). (17) Target schools The term target schools means schools that are identified by the State for comprehensive support and improvement in accordance with section 1111(c)(4)(D)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(4)(D)(i) ). 5. Demonstration program authorized; allotment to States (a) Formula grants authorized (1) In general From allotments made under subsection (c), the Secretary is authorized to award grants to States having applications approved under section 8(b) to enable the States to award subgrants to local consortia to leverage and integrate human and financial assets at all levels in order to— (A) ensure the academic, physical, social, emotional, and civic development of disadvantaged youth; and (B) strengthen the families and communities of the disadvantaged youth and achieve the results developed pursuant to section 7(c)(1). (2) Duration The Secretary shall award a grant under this subsection for a period of 5 years. (3) Renewal The Secretary may renew a grant under this subsection for a period of 5 years. (b) Reservation From the funds appropriated under section 14 for any fiscal year, the Secretary shall reserve— (1) not more than 2 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as— (A) providing training technical assistance to local consortia and organizations partnering with local consortia to carry out services under this Act; or (B) conducting the national evaluation pursuant to section 13(a)(3); and (2) not more than 1 percent for payments to the outlying areas and the Bureau of Indian Affairs, to be allotted in accordance with their respective needs for assistance under this Act, as determined by the Secretary, to enable the outlying areas and the Bureau of Indian Affairs to carry out the purposes of this Act. (c) State allotments (1) Determination From the funds appropriated under section 14 for any fiscal year that are equal to or greater than $200,000,000 that remain after the Secretary makes the reservations under subsection (b), the Secretary shall allot to each State for the fiscal year an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6331 et seq. ) for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year, except that no State shall receive less than an amount equal to ½ of 1 percent of such remainder. (2) Reallotment of unused funds If a State does not receive an allotment under this subsection for a fiscal year, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this section. 6. Demonstration competitive program authorized (a) In general For any fiscal year for which the amount appropriated under section 14 is less than $200,000,000, the Secretary shall award grants, on a competitive basis, to local consortia to enable the local consortia to carry out local strategies in accordance with sections 10 and 11. (b) Application A local consortium desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall demonstrate the capacity for successful implementation of the local strategies in accordance with sections 10 and 11 through a history of successful collaboration and effectiveness in strengthening outcomes for children and youth. (c) Targeted local consortia (1) In general The Secretary shall award a grant to a local consortium under this section only if the local consortium submits an application that proposes— (A) to serve children and youth in schools or communities with the highest proportions of students from low-income families; and (B) to provide a comprehensive continuum of services, including not less than 1 service from each of not less than 3 categories of services described in paragraphs (3) through (11) of section 11(b). (2) Low-income families In this subsection, the term low-income family means a family with an income that is not more than 138 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved. (d) Accountability and transparency The Secretary shall apply those provisions of section 13 that the Secretary determines applicable to local consortia receiving funds under this section. 7. State child and youth strategy (a) In general A State that receives a grant under this Act shall use the grant funds to develop and implement a State child and youth strategy (referred to in this Act as the State strategy ). (b) Strategy requirements The State strategy— (1) shall be developed by the State educational agency in consultation with the Governor of the State; (2) shall include the components described in subsection (c); and (3) may include other components as the State educational agency determines necessary to strengthen results for children and youth. (c) Required components The State strategy components required under subsection (b) are the following: (1) State results framework The State strategy shall contain comprehensive, evidence-based annual goals and aligned quantifiable indicators demonstrating continuous improvement with respect to children and youth, particularly disadvantaged children and youth, that shall serve as targets for each year with respect to which the State strategy applies. The State's annual goals shall include the following: (A) Children and youth are ready for school. (B) Students are engaged and achieving in school. (C) Schools and neighborhoods are safe and provide a positive climate for learning. (D) Families and communities are supportive and engaged in their children’s education as equal partners. (E) Graduates are ready for postsecondary education and 21st-century careers. (F) Students are contributing to their communities. (G) Students are not chronically absent. (H) Additional annual goals set forth by the State in alignment with the purposes of this Act. (2) Needs and assets assessment The State strategy shall contain an assessment of the children and youth’s needs, and of assets within the State that can be mobilized, coordinated, and integrated to achieve the State strategy’s annual goals, which may include data collected by the Federal Interagency Forum on Child and Family Statistics. Such needs and assets assessment shall identify populations of underserved children and youth across the State, based on the State’s evidence-based goals and aligned quantifiable indicators for the goals. (3) State child and youth plan The State strategy shall include a description of the State’s plan to achieve the goals described in paragraph (1) for children and youth from birth through the transition to adulthood, including the following: (A) Leverage and integration A description of how funds received under this Act will be coordinated and integrated with other Federal and State funds in order to achieve the State's annual goals developed pursuant to paragraph (1). (B) Elimination of state barriers to coordination and integration A description of how funds received under this Act will be used to identify and eliminate State barriers to the coordination and integration of programs, initiatives, and funding streams to achieve the State's annual goals developed pursuant to paragraph (1). (C) Community engagement in education A description of the State’s plan to increase community engagement in education. (D) Family engagement in education A description of the State’s plan to increase family engagement in education. (d) Existing plans, strategies, and assessments Existing plans, strategies, needs assessments, or assets assessments may be used to satisfy the requirements of this section if such existing plans, strategies, needs assessments, or assets assessments include the information required by this section, or can be modified to do so, and are submitted to and accepted by the Secretary with such modifications. 8. Coordinating body; State applications (a) Coordinating body (1) In general In order for a State to be eligible to receive a grant under this Act, the State educational agency shall designate or establish a coordinating body for student learning and development that shall— (A) administer funds provided under this Act; (B) facilitate communication between the public and the State educational agency pertaining to issues impacting children and youth from birth through the transition to adulthood, including issues pertaining to service coordination and integration; (C) identify and eliminate State barriers to the coordination and integration of programs, initiatives, and funding streams, and facilitate coordination and collaboration among State agencies serving children and youth; (D) strengthen the capacity of State and local organizations to achieve positive outcomes for children and youth through training, technical assistance, professional development, and other means; (E) assist the State educational agency in developing and carrying out the State strategy; and (F) coordinate the submission of the State application under subsection (b). (2) Designation of coordinating body The State educational agency may designate an existing agency, Children's Cabinet, P–20 Council, child and youth development partnership, or other organization as the coordinating body for student learning and development described in paragraph (1) if the agency, cabinet, council, partnership, or organization— (A) performs duties similar to the duties described in paragraph (1); or (B) if the duties of the agency, cabinet, council, partnership, or organization can be modified to include the duties described in paragraph (1). (b) State application (1) In general Each State desiring a grant under this Act shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents Each application submitted under this subsection shall include the following: (A) State strategy A description of how the State will develop the State strategy, including how the State will— (i) coordinate with the State educational agency; (ii) consult with potential community partners; and (iii) allow for the meaningful participation of parents. (B) Grants to local consortia A description of how subgrants to local consortia will be awarded pursuant to section 9, including the criteria used by the State in such determinations and how the subgrants will facilitate community planning and effective service coordination, integration, and provision at the local level to achieve the goals developed by the State pursuant to section 7(c)(1) within the context of local needs and priorities. Such criteria shall include a priority for applications from local consortia intending to serve target schools with the greatest needs. (C) Capacity building A description of how grant funds received under this Act will be used to provide professional development, training, and technical assistance opportunities for staff for the purpose of building State and local capacity. (D) Accountability for results A description of the State’s plans to adhere to the accountability and transparency requirements described in section 13(b). (3) Revised application Each State desiring to renew a grant under this Act shall submit a revised application to the Secretary every 5 years based on an assessment of the activities conducted under this Act. Such renewal application shall update the State’s annual goals based on such assessment. 9. State use of funds (a) In general From the grant funds made available to a State under this Act for any fiscal year— (1) the State shall use not less than 93 percent to award subgrants to local consortia under subsection (b); (2) the State may use not less than 5 percent for educator and specialized instructional support personnel recruitment and retention, evaluation and capacity building activities, including training, technical assistance, and professional development; and (3) the State may use not more than 2 percent for the administrative costs of carrying out responsibilities under this Act. (b) Subgrants to local consortia (1) In general (A) In general A State that receives a grant under this Act shall use the portion of the grant funds described in subsection (a)(1) to award subgrants to local consortia. (B) Reservation for rural areas (i) In general From the total amount of funds available under subparagraph (A) to award subgrants to local consortia for a fiscal year, the State may reserve 5 percent to award subgrant to rural local consortia for such fiscal year. (ii) Rural local consortium In this subsection the term rural local consortium means a local consortium serving an area of the State that has a locale code of 41, 42, or 43. (2) Priority In awarding subgrants to local consortia, a State shall give priority to applications from local consortia— (A) that propose to serve children and youth in target schools; or (B) that submit a proposal with a plan to provide a comprehensive continuum of services, including not less than 1 service from each of not less than 3 categories of services described in paragraphs (3) through (11) of section 11(b), and which application— (i) is submitted by local consortia comprised of a broad representation of stakeholders and decision makers in the community, including a multitude of community partners described in section 4(9); or (ii) demonstrates the capacity for successful implementation through a history of successful collaboration and effectiveness in strengthening outcomes for children and youth. (3) Duration of grant Each subgrant awarded under this section shall be for a period of 5 years and shall be renewable based on progress toward achieving the results described in section 10(b)(2)(A). (c) Planning grants A State that receives a grant under this Act may award planning grants to local consortia to enable the local consortia to develop the local strategy described in section 10(b). Such planning grants shall be for a duration of— (1) not more than 6 months and in an amount of not more than $50,000; or (2) not more than 1 year and in an amount of not more than $100,000. (d) Supplement, not supplant A State that receives a grant under this Act shall use the grant funds to supplement, not supplant, Federal and non-Federal funds available to carry out activities described in this Act. 10. Local consortium application; local child and youth strategy (a) Local consortium application (1) In general A local consortium that desires a subgrant under section 9 shall submit an application to the State at such time, in such manner, and containing such information as the State may require. (2) Contents An application submitted under this section shall include— (A) a description of the local consortium, including which public or nonprofit entity participating in the local consortium shall serve as the fiscal agent for the local consortium; (B) the local child and youth strategy (referred to in this Act as the local strategy ) described in subsection (b); (C) a description of how the local strategy will be coordinated with the local educational agency plan required under section 1112 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312 ); and (D) a list of schools identified by the local consortium to receive comprehensive, coordinated continuum of services and support in accordance with the local strategy. (b) Local strategy (1) In general The local strategy— (A) shall be developed by the local consortium; (B) shall include the components described in paragraph (2); and (C) may include such other components as the local consortium determines necessary to strengthen outcomes for children and youth from birth through the transition to adulthood. (2) Components The local strategy components required under paragraph (1)(B) are the following: (A) Local results framework Comprehensive, evidence-based goals and aligned quantifiable indicators for the goals, with respect to youth, particularly disadvantaged children and youth, that shall serve as targets for the year with respect to which the local strategy applies. The goals shall be set forth annually and include the following: (i) Children are ready for school. (ii) Students are engaged and achieving in school. (iii) Schools and neighborhoods are safe and provide a positive climate for learning. (iv) Families are supportive and engaged in their children’s education. (v) Students are ready for postsecondary education and 21st-century careers. (vi) Students are contributing to their communities. (vii) Students are not chronically absent. (viii) Additional annual goals set forth by the local consortium in alignment with the purposes of this Act. (B) Assets assessment An assessment of potential resources, services, and opportunities available within or near the community and schools identified by the local consortium to receive support under the subgrant that children and youth, their families, and resources in the community may be able to access in order to meet the needs identified under subparagraph (C), to help achieve the goals and indicators under subparagraph (A), and to support students to achieve the challenging State academic standards (described in section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 )), including the variety of services that can be integrated— (i) into a community school site; and (ii) through the presence of specialized instructional support personnel and local educational agency liaisons for homeless children and youth designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ). (C) Needs assessment An analysis of the comprehensive needs of the students served by the local consortium, their families, and the community that— (i) includes input from students, parents, and community members, including input from such individuals connected to schools identified by the local consortium to receive support under the subgrant; (ii) identifies populations of underserved children and youth, based on the State’s evidence-based goals and aligned quantifiable indicators for the goals; (iii) assesses the academic, physical, social, emotional, health, mental health, and civic needs of students and their families enrolled in schools identified by the local consortium to receive support under the subgrant; and (iv) may impact students’ ability to meet the challenging State student academic achievement standards. (D) Service integration and provision A plan to coordinate and integrate services and provide services in order to meet the needs identified under subparagraph (C) and achieve the results and aligned quantifiable indicators described in subparagraph (A), including— (i) a description of the services administered by members of the local consortium that are funded through grants provided under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) that will be coordinated as part of the subgrant provided under section 9; and (ii) if applicable, a description of the coordination among services provided by community-based organizations and services provided by specialized instructional support personnel serving local educational agencies participating in the local consortium. (E) Community engagement in education A plan to increase community engagement in education. (F) Family engagement in education A plan to increase family engagement in education. (3) Existing plans, strategies, and assessments Existing plans, strategies, needs assessments, or assets assessments may be used to satisfy the requirements of this section if such existing plans, strategies, needs assessments, or assets assessments include the information required by this section, or can be modified to do so, and are submitted to the Secretary with such modifications. 11. Local use of funds (a) Mandatory use of funds A local consortium that receives a subgrant under section 9 or a grant under section 6 shall use the subgrant or grant funds— (1) to integrate services into a comprehensive, coordinated continuum that meets the holistic needs of children and youth; (2) to implement the comprehensive, coordinated continuum of services described in paragraph (1) through evidence-based services producing quantifiable results that align with the local results framework described in section 10(b)(2)(A); (3) to address the needs identified in the needs assessment carried out pursuant to section 10(b)(2)(C) by leveraging the assets identified in the assets assessment carried out pursuant to section 10(b)(2)(B); and (4) if applicable, to coordinate efforts with the teachers, school leaders, paraprofessionals, and specialized instructional support personnel serving local educational agencies participating in the local consortium, and promote capacity building activities with the local educational agency. (b) Permissible use of funds A local consortium that receives a subgrant under section 9 or a grant under section 6 may use the subgrant or grant funds to coordinate, integrate, and enhance existing services, and provide new services, in order to provide children and youth with research-based, comprehensive services at, or that are connected to, schools, including— (1) community-based, integrated student services; (2) full service community schools; (3) high-quality early childhood learning and development, including— (A) early childhood education; (B) programs under the Head Start Act ( 42 U.S.C. 9831 et seq. ), including Early Head Start programs; (C) early reading first programs; (D) child care services; (E) early childhood-school transition services; (F) home visiting; (G) parenting education; and (H) services for children with disabilities; (4) academic support services for students (including children with disabilities), including— (A) tutoring; (B) extended day programs, afterschool programs, or both such programs, which shall include services provided through 21st Century Community Learning Centers under part B of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 et seq. ); (C) academic support services for English-language learners; (D) programs for students and parents to learn together, including opportunities in such fields as technology, art, music, and language acquisition; (E) multiple pathways toward attaining a high school diploma and preparing students for college, including— (i) dual enrollment programs; (ii) early college high schools; (iii) strategies for preventing at-risk youth from dropping out of high school; (iv) dropout recovery strategies, including strategies that award credit based on student performance instead of instructional time; and (v) other activities that combine rigorous coursework, personalized learning environments, practical applications, and comprehensive support services; and (F) summer enrichment and learning experiences; (5) health services, including— (A) primary health care; (B) dental care; (C) vision care; (D) speech and hearing care; (E) mental health services; (F) nutrition services; (G) health education; and (H) developmental and habilitation services; (6) youth development, including— (A) mentoring and other youth development programs, including programs that engage older adults; (B) recreation and physical education; (C) service learning, civic education, leadership development, entrepreneurship, and community service opportunities; (D) job training, career counseling, and internship opportunities; (E) career and technical education; (F) college preparation and counseling services; (G) positive behavioral interventions and supports; (H) financial literacy and Federal financial aid awareness activities; and (I) social and emotional learning; (7) social services for students and families, including— (A) family support programs, including housing assistance, counseling, financial education, crisis intervention, and related services; (B) programs that provide assistance to students who have been truant, suspended, or expelled; (C) programs or efforts intended to identify young people without a high school diploma and reengage the young people in school so that the young people may attain a high school diploma; (D) strategies that engage older adults as resources to students and families; and (E) services for homeless students, foster children and youth, students previously under the custody of the juvenile justice system, and students who are pregnant and parenting; (8) parent and adult education programs, including— (A) programs that promote family literacy, including family literacy programs for English-language learners; (B) parent and caregiver leadership and parent and caregiver education activities; (C) translation services; (D) adult education, including instruction in English as a second language, and job training; and (E) citizenship preparation for individuals choosing to become United States citizens; (9) juvenile crime prevention and rehabilitation programs, including— (A) youth courts, teen courts, peer juries, and drug courts; and (B) tribal youth programs; (10) specialized instructional support services, including specialized instructional support personnel; (11) service coordination staffing that ensures young people receive comprehensive services to meet the holistic needs of the young people; (12) training, technical assistance, and professional development for school-based and community-based personnel to build capacity and skills to educate English-language learners; (13) training, technical assistance, and professional development for school-based and community-based personnel providing comprehensive services to children and youth; (14) subgrants to nonprofit and other organizations to implement the requirements and allowable services under this section; (15) reasonable program administration and planning associated with the activities required under this section, including— (A) recruiting teachers and specialized instructional support personnel; and (B) developing programs designed to retain and promote school-based personnel, including— (i) mentoring programs; (ii) grow your own programs; and (iii) leadership and career advancement programs; (16) access to and training on digital learning; and (17) other services consistent with this section. 12. Construction Nothing in this Act shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. 13. Accountability and transparency (a) Federal accountability and transparency (1) Annual report On an annual basis, the Secretary shall report to the public, Congress, and the President— (A) the collective progress made by— (i) States in achieving the goals established within the State results frameworks described in section 7(c)(1); and (ii) communities in achieving the goals established within the local results frameworks pursuant to section 10(b)(2)(A); (B) how funds under this Act were used by States and local consortia to improve the lives of children, youth, and families, including— (i) the characteristics of the children and youth and families served by the activities and services assisted under this Act; (ii) the services and supports provided under this Act; and (iii) outcomes resulting from the activities and services funded under this Act; (C) actions taken pursuant to paragraph (2) regarding misuse or ineffective use of funds; and (D) other information the Secretary determines to be of interest to the public. (2) Correction of deficiencies If the Secretary determines, based on a review of State annual reports, State strategies, State data submissions, evaluations, or other documentation, that a State or entity that receives funds through a grant or contract made under this Act makes insufficient progress toward achieving the goals established within the State results framework pursuant to section 7(c)(1) within 3 years of receiving a grant under section 5(a), or is misusing, ineffectively using, or otherwise not complying with the requirements of this Act, the Secretary shall— (A) notify the State of the deficiencies that require correction and request that the State submit a plan to correct the deficiencies within 6 months; (B) negotiate a plan to correct the deficiencies, and provide appropriate training or technical assistance designed to assist the State in complying with the requirements of this Act; and (C) in the case that the State fails to submit or negotiate a plan to correct the deficiencies or fails to make substantial efforts, within 6 months after the date of the notification described in paragraph (1), to correct the deficiencies and comply with the requirements of this Act— (i) terminate the provision of funds under this Act to the State or entity for the remainder of the period of the grant or contract; and (ii) redistribute the terminated funding in the manner described in section 5(c). (3) Independent ongoing evaluation (A) In general The Secretary shall carry out an ongoing evaluation of the activities conducted under this Act and shall submit the evaluation results to Congress and the public by not later than June 30, 2023, and June 30, 2025. (B) Rigorous and independent evaluation The Secretary shall enter into a contract with an entity independent of the Department of Education to carry out the evaluation required under this paragraph. To the extent the Secretary determines feasible, the evaluation shall include large-scale, longitudinal, randomized studies to identify the most effective combinations of academic and nonacademic interventions, including interventions administered by community-based organizations, to achieve improvements in academic and other outcomes for students. (C) Evaluation outcomes (i) In general The evaluation required under this paragraph shall measure the process of developing and implementing effective partnerships among schools, school districts, families, students, and community partners, as well as the impact of activities conducted under this Act, which may include impacts on the following outcomes: (I) Student achievement as measured by assessment data, classroom grades, and other means of measuring student performance. (II) Graduation rates. (III) School readiness. (IV) Numbers of detentions, suspensions, and expulsions and the use of seclusion and physical restraint. (V) Enrollment in postsecondary education. (VI) The degree of communication between schools and families. (VII) The degree of parental participation in school activities. (VIII) Student health, including mental health and risk factors at birth. (IX) Student civic participation. (X) Attendance. (XI) The number of students and families receiving services. (XII) Other outcome areas as determined by the Secretary in consultation with State educational agencies, local educational agencies, teacher organizations, secondary students, and nonprofit organizations providing services to children and youth. (ii) Disaggregation The outcomes described in clause (i) shall be disaggregated by all subgroups identified in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ), and family income. (b) State accountability and transparency (1) Annual report On an annual basis, each State shall report to the public and the Secretary such information as the Secretary may reasonably require, including— (A) progress made toward achieving— (i) the goals established within the State results framework pursuant to section 7(c)(1) disaggregated in the same manner as information is disaggregated under subsection (a)(3)(C)(ii); and (ii) the goals established within the local results frameworks pursuant to section 10(b)(2)(A); (B) how funds under this Act were used by States and local consortia to improve the lives of children, youth, and families, including— (i) the characteristics of children, youth, and families served by the activities and services assisted under this Act; (ii) the services and supports provided under this Act; and (iii) outcomes resulting from the activities and services funded under this Act; (C) information on Federal and State barriers to effective State and local coordination; (D) the extent of coordination between State departments and agencies providing children and youth services in place to achieve the goals within the State results framework pursuant to section 7(c)(1); (E) the extent to which the objectives and budgets of State departments and agencies providing child and youth services were consistent with the recommendations of the State strategy for the preceding year; (F) the efficiency and adequacy of State and local programs and policies with respect to child and youth services; (G) actions taken pursuant to paragraph (2) regarding misuse or ineffective use of funds; and (H) other information the State determines to be of interest to the public. (2) Correction of deficiencies If the State determines, based on a review of annual reports submitted in accordance with subsection (c), data submissions, evaluations, or other documentation, that a local consortium or organization that receives funds through a subgrant made under this Act makes insufficient progress toward achieving the goals established within the local results framework pursuant to section 9(b)(2)(A) within 3 years of receiving a subgrant under section 8, or is misusing, ineffectively using, or otherwise not complying with the requirements of this Act, the State shall— (A) notify the local consortium of the deficiencies within 6 months that require correction and request that the consortium submit a plan to correct the deficiencies; (B) negotiate a plan to correct the deficiencies, and provide appropriate training or technical assistance designed to assist the local consortium in complying with the requirements of this Act and make progress in achieving the goals established within the local results framework pursuant to section 10(b)(2)(A); and (C) in the case that the local consortium fails to submit or negotiate a plan to correct the deficiencies or fails to make substantial efforts, within 6 months after the date of the notification described in subparagraph (A), to correct the deficiencies and comply with the requirements of this Act, terminate the provision of funds under this Act to the local consortium or organization for the remainder of the period of the subgrant and redistribute the terminated funding in a manner determined by the State to be in the best interests of the children and youth in such State in accordance with this Act. (c) Local accountability and transparency On an annual basis, each local consortium shall report to the public and submit to the State a report containing such information as the State may reasonably require, including— (1) progress made toward achieving the goals established within the local results framework pursuant to section 10(b)(2)(A) disaggregated in the same manner as information is disaggregated under subsection (a)(3)(C)(ii); (2) how funds under this Act were used by the local consortium and subgrant recipients to improve the lives of children, youth, and families, including— (A) the characteristics of the children and youth and families served by the activities and services assisted under this Act; (B) the services and supports provided under this Act; (C) the capacity building efforts provided under this Act, including the types of professional development provided to staff of the local educational agency in the local consortia; and (D) outcomes resulting from the activities and services funded under this Act, in accordance with the State's annual goals; (3) information on State barriers to effective local coordination of private and public services; (4) the extent of coordination between local agencies and organizations providing services to achieve the goals within the local results framework pursuant to section 10(b)(2)(A); and (5) other information the local consortium determines to be of interest to the public. 14. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2023 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s5204is/xml/BILLS-117s5204is.xml |
117-s-5205 | II 117th CONGRESS 2d Session S. 5205 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Luján (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Infrastructure Investment and Jobs Act to require the Secretary of Energy to establish an abandoned wells research, development, and demonstration program, and for other purposes.
1. Short title This Act may be cited as the Abandoned Well Remediation Research and Development Act . 2. Abandoned well remediation research and development (a) In general Title VI of division D of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1080) is amended by adding at the end the following: 40602. Abandoned wells research, development, and demonstration program (a) Definition of abandoned well In this section, the term abandoned well means a well originally drilled in connection with oil and gas operations that— (1) is not being used; (2) has not been plugged; and (3) has no anticipated use in oil and gas operations. (b) Establishment Not later than 120 days after the date of enactment of the Abandoned Well Remediation Research and Development Act , the Secretary, in coordination with relevant Federal and State agencies and entities, shall establish a research, development, and demonstration program to improve— (1) data collection on the location of abandoned wells; (2) the plugging, remediation, reclamation, and repurposing of abandoned wells; and (3) strategies to mitigate potential environmental impacts of documented and undocumented abandoned wells. (c) Activities Research, development, and demonstration activities carried out under the program established under subsection (b) shall include activities to improve— (1) remote sensor capabilities, LiDAR capabilities, optical gas imaging, magnetic survey technology, and any other technologies relevant to the efficient identification of abandoned wells; (2) understanding of how certain parameters of abandoned wells affect methane emission rates of the wells, including parameters such as well age, well depth, geology, construction, case material, and geographic region; (3) the efficiency and cost-efficacy of processes for plugging, remediating, reclaiming, and repurposing abandoned wells, including— (A) improvement of processes and technologies for the unique challenges associated with plugging remote abandoned wells; (B) use of low carbon, lightweight cement or use of alternative materials and additives for plugging purposes; and (C) repurposing of abandoned wells for alternative uses, including geothermal power production or carbon capture, utilization, and storage; and (4) understanding of the impacts of abandoned wells on groundwater quality and contamination. (d) Coordination In carrying out the program established under subsection (b), the Secretary shall ensure coordination of activities carried out under the program with— (1) institutions of higher education; (2) the National Laboratories; and (3) the private sector. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $30,000,000 for fiscal year 2023; (2) $31,250,000 for fiscal year 2024; (3) $32,500,000 for fiscal year 2025; (4) $33,750,000 for fiscal year 2026; and (5) $35,000,000 for fiscal year 2027. . (b) Clerical amendment The table of contents for the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 437) is amended by inserting after the item relating to section 40601 the following: Sec. 40602. Abandoned wells research, development, and demonstration program. . | https://www.govinfo.gov/content/pkg/BILLS-117s5205is/xml/BILLS-117s5205is.xml |
117-s-5206 | II 117th CONGRESS 2d Session S. 5206 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Booker (for himself and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To improve the treatment of Federal prisoners who are primary caretaker parents, and for other purposes.
1. Short title This Act may be cited as the Dignity Act . 2. Improving the treatment of primary caretaker parents and other individuals in Federal prisons Section 4051 of title 18, United States Code, is amended by adding at the end the following: (i) Visitation rules The Director shall promulgate regulations for visitation between prisoners who are primary caretaker parents and their family members under which— (1) a prisoner may receive visits not fewer than 6 days per week, which shall include Saturday and Sunday; (2) a covered institution shall be open for visitation for not fewer than 8 hours per day; (3) a prisoner may have up to 5 adult visitors and an unlimited number of child visitors per visit; and (4) a prisoner may have physical contact with visitors unless the prisoner presents an immediate physical danger to the visitors. (j) Ombudsman The Attorney General shall designate an ombudsman to oversee and monitor, with respect to covered institutions— (1) prisoner transportation; (2) use of segregated housing; (3) strip searches of prisoners; and (4) civil rights violations. (k) Telecommunications (1) In general The Director— (A) may not charge a fee for a telephone call made by a prisoner; and (B) shall make videoconferencing available to prisoners in each covered institution free of charge. (2) Rule of construction Nothing in paragraph (1)(B) shall be construed to authorize the Director to use videoconferencing as a substitute for in-person visits. (l) Use of sex-Appropriate correctional officers (1) Regulations The Director shall make rules under which— (A) a correctional officer may not conduct a strip search of a prisoner of the opposite sex unless— (i) the prisoner presents a risk of immediate harm to the prisoner or others, and no other correctional officer of the same sex as the prisoner, or medical staff, is available to assist; or (ii) the prisoner has previously requested that an officer of a different sex conduct searches; (B) a correctional officer may not enter a restroom reserved for prisoners of the opposite sex unless— (i) a prisoner in the restroom presents a risk of immediate harm to the prisoner or others; or (ii) there is a medical emergency in the restroom and no other correctional officer of the appropriate sex is available to assist; (C) a transgender prisoner’s sex shall be determined according to the sex with which the prisoner identifies; and (D) a correctional officer may not search or physically examine a prisoner for the sole purpose of determining the prisoner’s genital status or sex. (2) Relation to other laws Nothing in paragraph (1) shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30301 et seq. ). . 3. Overnight visit pilot program (a) Definitions In this section— (1) the term Director means the Director of the Bureau of Prisons; (2) the term primary caretaker parent has the meaning given the term in section 31903 of the Family United Demonstration Project Act ( 34 U.S.C. 12242 ); and (3) the term prisoner means an individual who is incarcerated in a Federal penal or correctional institution. (b) Pilot program The Director shall carry out a pilot program under which prisoners who are primary caretaker parents and meet eligibility criteria established by the Director may receive overnight visits from family members. (c) Eligibility criteria In establishing eligibility criteria for the pilot program under subsection (b), the Director shall— (1) require that a prisoner have displayed good behavior; and (2) prohibit participation by any prisoner who has been convicted of a crime of violence (as defined in section 16 of title 18, United States Code). | https://www.govinfo.gov/content/pkg/BILLS-117s5206is/xml/BILLS-117s5206is.xml |
117-s-5207 | II 117th CONGRESS 2d Session S. 5207 IN THE SENATE OF THE UNITED STATES December 7, 2022 Ms. Smith introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize the Attorney General to make grants to improve public safety, and for other purposes.
1. Short title This Act may be cited as the Supporting Innovation in Public Safety Act . 2. Innovation in Safety Demonstration Projects (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (2) Eligible entity The term eligible entity means— (A) a State government; (B) a local government; (C) a Tribal government; and (D) a nonprofit organization. (3) Law enforcement agency The term law enforcement agency means any government agency that has the principal functions of— (A) the prevention, detection, and investigation of crime; and (B) the apprehension of alleged criminal offenders. (4) Nonprofit organization The term nonprofit organization means— (A) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such code; and (B) an organization that is a nonprofit organization under the law of the State in which the organization is located. (5) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. (6) Tribal government The term Tribal government means the government of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). (b) Grants authorized (1) In general The Attorney General shall award grants, on a competitive basis, to not less than 100 eligible entities to perform a demonstration project described in paragraph (2). (2) Demonstration projects An eligible entity receiving a grant under paragraph (1) shall perform a demonstration project that supports the development and implementation of programs and policies that improve public safety with innovative strategies, including— (A) improving mental health crisis response; (B) reassigning some functions of law enforcement officers to unarmed public employees; (C) creating programs designed to reduce the incidence of violence, harassment, and civil rights violations by law enforcement officers; (D) reducing the financial and operational reliance of law enforcement agencies on the collection of fines, fees, and other charges; and (E) identifying, and making publicly available a report relating to, potential— (i) reforms to State criminal statutes in order to— (I) eliminate unnecessary fines, fees, and other charges; and (II) eliminate or reduce mandatory minimum sentences; and (ii) reforms to State criminal statutes and local ordinances that— (I) contribute to the criminalization of poverty; or (II) are enforced in a racially disparate manner. (3) Duration A demonstration project performed under paragraph (2) shall be performed for a period of not less than 5 years. (4) Limitation on receipt and use of funds A law enforcement agency may not receive or use any funds from a grant awarded under this subsection. (5) Administration An eligible entity that receives a grant under this section may enter into an agreement with a nonprofit organization to— (A) administer the grant; or (B) provide support to the eligible entity in the administration of the grant. (c) Tribal government allocations In awarding grants under subsection (b), the Attorney General shall allocate to eligible entities that are Tribal governments not less than 10 percent of the funds that are made available to carry out that subsection. (d) Data collection (1) In general The Attorney General shall collect the following data for the jurisdiction of an eligible entity performing a demonstration project with a grant under subsection (b) for each year during which the eligible entity performs the demonstration project : (A) Population characteristics, including statistics on race, ethnicity, nationality, religion, average and median income levels, and poverty. (B) Average educational attainment. (C) Employment rates. (D) Housing market characteristics. (E) Demographic characteristics of individuals who are arrested, charged, and convicted of crimes during the period of performance of the demonstration project by the eligible entity. (2) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter until the date on which each demonstration project performed under subsection (b) is complete, the Attorney General shall submit to the appropriate congressional committees a report that includes— (A) the total number of eligible entities performing demonstration projects with a grant under subsection (b); (B) a description and status assessment of each demonstration project described in subparagraph (A); and (C) the data collected under paragraph (1). (e) Evaluation (1) In general Not later than 1 year after the date on which the Secretary awards the first grant under subsection (b)(1), and annually thereafter until the date on which each demonstration project performed under subsection (b) is complete, the Attorney General, in consultation with the heads of other appropriate agencies, shall submit to the appropriate congressional committees an evaluation relating to the demonstration project performed by each eligible entity receiving a grant under subsection (b). (2) Contents The evaluation required under paragraph (1) shall include, for each eligible entity performing a demonstration project with a grant under subsection (b)— (A) how the demonstration project— (i) has saved costs for the eligible entity; (ii) has contributed to a reduced incidence of use of force by law enforcement officers in the jurisdiction of the eligible entity; (iii) has contributed to improved relations between community members and law enforcement agencies and officers in the jurisdiction of the eligible entity; and (iv) has met the performance goals of the eligible entity; and (B) other appropriate analysis of the outcome of the demonstration project. (3) Use of data In preparing the evaluation required under paragraph (1), the Attorney General shall use the data collected under subsection (d). (4) Public availability The evaluation required under paragraph (1) shall be publicly available. (f) Authorization of appropriations There are authorized to be appropriated— (1) to carry out subsection (b) $500,000,000; and (2) to carry out subsections (d) and (e) $100,000 for each of fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s5207is/xml/BILLS-117s5207is.xml |
117-s-5208 | II 117th CONGRESS 2d Session S. 5208 IN THE SENATE OF THE UNITED STATES December 7, 2022 Ms. Klobuchar (for herself and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To enhance existing aviation workforce development pilot programs.
1. Short title This Act may be cited as the Aviation Workforce Development Act . 2. Aviation maintenance workforce development program (a) Amendments to the advanced training facilities for maintenance technicians for air carrier aircraft grant program Section 44515 of title 49, United States Code, is amended— (1) in subsection (a), by striking not more than 4 ; and (2) in subsection (c), by striking $5,000,000 and inserting $7,000,000 . (b) Amendments to the aviation workforce development program Section 625 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (1) in subsection (b)(1), by inserting and $7,000,000 for each of fiscal years 2024 through 2028 after 2023 each place it appears; and (2) in subsection (d)(2)— (A) in subparagraph (E), by striking or after the semicolon; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following new subparagraph: (F) to acquire equipment necessary to deliver curriculum described in paragraph (1)(A); or . 3. National strategic plan for aviation workforce development (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall, to the extent practicable and in consultation with other Federal agencies and private individuals, establish a national strategic plan for addressing projected shortages of aviation workers in the aviation industry, including— (1) any short-term, medium-term, and long-term needs critical to the economy, national security, workforce readiness, environmental concerns, and priorities of the United States aviation sector, such as emergency readiness and resilience; and (2) any situation or condition that warrants special attention by the Federal Government. (b) Requirements The national strategic plan established under subsection (a) shall— (1) take into account the activities and accomplishments of all agencies in the Executive branch of the Federal Government that are related to carrying out such national strategic plan; and (2) include recommendations for legislation, regulations, and budget proposals to carry out such national strategic plan. | https://www.govinfo.gov/content/pkg/BILLS-117s5208is/xml/BILLS-117s5208is.xml |
117-s-5209 | II 117th CONGRESS 2d Session S. 5209 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mrs. Gillibrand (for herself, Mr. Booker , Ms. Duckworth , Ms. Klobuchar , Mr. Merkley , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a grant program for States to fund community-based nonprofit student loan consumer assistance programs, and for other purposes.
1. Short title This Act may be cited as the Student Loan Literacy Act of 2022 . 2. Student loan consumer information (a) In general From amounts made available to carry out this section, the Secretary of Education shall award grants to States to enable such States to establish, expand, or provide support for community-based nonprofit student loan consumer assistance programs. (b) Application Each State desiring to receive a grant under this section shall submit to the Secretary of Education an application at such time and in such manner as the Secretary may require. Such application shall identify the community-based nonprofit student loan consumer assistance organization or organizations that will participate in the program funded under this section, and shall include a description of the program activities the State and such organization or organizations will carry out. (c) Use of funds With funds provided by a State under this section, a community-based nonprofit student loan consumer assistance program— (1) shall provide assistance to borrowers of Federal student loans, including— (A) receiving and responding to borrower inquiries and complaints concerning Federal student loans; (B) assisting borrowers with the filing of complaints and appeals with relevant Federal and State entities and Federal student loan lenders, holders, servicers, and collectors, as appropriate; (C) collecting, tracking, and quantifying problems and inquiries encountered by borrowers of Federal student loans; (D) educating borrowers about their rights and responsibilities with respect to Federal student loans; and (E) assisting borrowers with Federal student loan needs by providing information, referral, and assistance, including assistance resolving problems regarding Federal student loans; (2) shall consult with relevant Federal and State entities to assist borrowers with reporting, processing, and resolving issues and complaints related to Federal student loans; (3) shall collect data required to comply with the reporting requirements under subsection (d) ; and (4) may file complaints and appeals on behalf of borrowers of Federal student loans in accordance with any regulations established by the Secretary of Education with respect to this paragraph. (d) Data collection and reporting (1) Annual report to States Each community-based nonprofit student loan consumer assistance program receiving funds under this section shall provide to the State providing such funds an annual report on the activities carried out by such program, which shall include— (A) the number of borrowers served by the program; (B) demographic data on the borrowers served by the program, including age, race, ethnicity, gender, and student or employment status, and if available, the income of such borrowers; (C) a list and description of the types of issues and complaints presented by borrowers served by the program, including identification of the most common problems encountered by such borrowers with respect to Federal student loans; (D) a description of the types of services provided to borrowers by the program; and (E) data related to the issues and complaints presented by borrowers served by the program, including— (i) the number of borrower issues or complaints the program referred to, or facilitated borrower contact with, a Federal or State entity or Federal student loan lender, holder, servicer, or collector; (ii) the number of such issues or complaints the program filed, on behalf of a borrower, with a Federal or State entity or Federal student loan lender, holder, servicer, or collector; and (iii) data on the outcomes of such issues and complaints, including the number of such issues or complaints that have been resolved, and whether a borrower considers an issue or complaint to be resolved satisfactorily. (2) State reports Not later than 30 days after receipt of an annual report described in paragraph (1) , a State receiving funds under this section for one or more community-based nonprofit student loan consumer assistance programs shall provide to the Secretary of Education a summary of the annual reports received from all such programs. (3) Report by the Secretary Beginning 18 months after the date of enactment of this section, the Secretary of Education shall provide an annual report on the grant program carried out under this section 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 entity in each State that is responsible for regulation of student loans, and any other Federal entity with responsibilities related to Federal student loans. Such report shall include areas of Federal student loan law, regulation, and administration that require increased enforcement or oversight, as identified by the Secretary using data reported by States in accordance with paragraph (2) . (e) Outreach (1) National website Not later than 24 months after the date of enactment of this section, the Secretary of Education shall establish, maintain, and make readily available to the public through the Department of Education’s website a list of the community-based nonprofit student loan consumer assistance programs receiving funds under this section to assist borrowers with locating and contacting such a program in their community. (2) Federal student loan liaisons The Secretary of Education shall take such steps as may be necessary to ensure that each holder, servicer, and collector of Federal student loans provides at least one individual representative of the holder, servicer, or collector, referred to in this paragraph as a Federal student loan liaison , who will— (A) coordinate with community-based nonprofit student loan consumer assistance programs receiving funds under this section with respect to inquiries, issues, and complaints from borrowers, including the resolution of such inquiries, issues, and complaints; and (B) provide community-based nonprofit student loan consumer assistance programs receiving funds under this section with a direct method of communication to the individual or department of the holder, servicer, or collector who is responsible for handling escalated issues or complaints. (f) Definitions In this section: (1) Borrower The term borrower means a borrower or potential borrower of a Federal student loan, including a parent who is a borrower of a loan made on behalf of a dependent student. (2) Federal student loan The term Federal student loan means any Federal student loan made under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) or any other Federal law to cover the cost of attendance of a student at an institution of higher education (as defined in section 102 of such Act of 1965 ( 20 U.S.C. 1002 )). (g) Funding (1) Initial funding There is hereby appropriated to the Secretary of Education, out of any funds in the Treasury not otherwise appropriated, $80,000,000 for the first fiscal year beginning after the date of enactment of this section, to remain available until expended. (2) Authorization for subsequent years In addition to amounts appropriated under paragraph (1) , there are authorized to be appropriated to the Secretary of Education, for each fiscal year following the fiscal year described in paragraph (1) , such sums as may be necessary to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s5209is/xml/BILLS-117s5209is.xml |
117-s-5210 | II 117th CONGRESS 2d Session S. 5210 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Markey (for himself and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require an interagency study on the environmental and energy impacts of crypto-asset mining, to assess crypto-asset mining compliance with the Clean Air Act, and for other purposes.
1. Short title This Act may be cited as the Crypto-Asset Environmental Transparency Act of 2022 . 2. Findings Congress finds that— (1) human activity is the dominant cause of observed climate change in the past century; (2) climate change is increasing the frequency and intensity of wildfires, droughts, severe storms, heat waves, rising of sea levels, and severe weather events; (3) the Federal Government has— (A) committed under the decision of the 21st Conference of Parties of the United Nations Framework Convention on Climate Change, adopted in Paris, France, December 12, 2015 (commonly referred to as the Paris Agreement ), to reduce greenhouse gas emissions by 50 to 52 percent by 2030; and (B) a responsibility to mitigate current and future impacts of climate change to protect the health, safety, and welfare of individuals of the United States; (4) crypto-asset mining operations— (A) can be energy intensive; and (B) unlike most other technologies, are often designed to generally increase computing requirements over time, which can lead to increased energy consumption; (5) a crypto-asset network, Bitcoin, consumes more energy annually than countries such as Chile or Bangladesh consume; (6) crypto-asset mining operations often rely on fossil fuels for power, which contributes to greenhouse gas emissions; (7) the carbon dioxide emissions of the United States from Bitcoin mining were estimated at 21 to 35 megatons per year in 2022, which is equivalent to the annual emissions from more than 4,500,000 to 7,500,000 gasoline-powered cars driven for 1 year; (8) crypto-asset mining can also cause local noise and water pollution; (9) the number of crypto-asset mining facilities in the United States is increasing, and the share of the United States of global Bitcoin mining rose from 3.5 percent in 2020 to 38 percent in 2022; (10) crypto-asset mining is an emergent industry, and the potential of crypto-asset mining to exacerbate systemic racial, social, environmental, and economic injustices is not sufficiently understood; (11) there is no comprehensive, independent study of crypto-asset mining operations in the United States, including the energy use, resource mix, and greenhouse gas emissions of those crypto-asset mining operations; and (12) one of the primary recommendations of the report of the Office of Science and Technology Policy entitled Climate and Energy Implications of Crypto-Assets in the United States and dated September 2022 was to obtain detailed data on energy use and emissions from crypto-asset activity. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Air pollutant The term air pollutant has the meaning given the term in section 302 of the Clean Air Act ( 42 U.S.C. 7602 ). (3) Block The term block means a group of data stored as a single record in a blockchain. (4) Blockchain The term blockchain means a distributed ledger technology in which— (A) the data are shared across a network that creates a digital ledger of verified transactions or information among network participants; and (B) the data are typically linked using cryptography to maintain the integrity of the ledger and execute other functions, including transfer of ownership or value. (5) Consensus mechanism The term consensus mechanism means a process to achieve agreement among network participants on the current state of a blockchain. (6) Crypto-asset The term crypto-asset means a digital asset, which may be a medium of exchange, a representation of value, or both, for which generation or ownership records of the digital asset are recorded in a distributed ledger technology that relies on cryptography. (7) Crypto-asset mining The term crypto-asset mining means the process of performing computations to add a valid block of data to the blockchain, typically in exchange for a reward or fee. (8) Power load The term power load means the amount of electrical power, in megawatts, that can be consumed by a qualifying crypto-asset mining operation. (9) Qualifying crypto-asset mining operation The term qualifying crypto-asset mining operation means— (A) an individual crypto-asset mining facility that has a power load that is greater than or equal to 5 megawatts; or (B) multiple crypto-asset mining facilities that— (i) are owned by the same company; and (ii) (I) each have a power load that is less than 5 megawatts; but (II) have a cumulative power load that is greater than or equal to 5 megawatts. (10) Scope 1 emissions The term scope 1 emissions means greenhouse gas emissions directly from sources that are operated, controlled, or owned by an individual or entity performing a qualifying crypto-asset mining operation. (11) Scope 2 emissions The term scope 2 emissions means indirect greenhouse gas emissions associated with the purchase of electricity, steam, heat, or cooling by an individual or entity performing a qualifying crypto-asset mining operation. (12) Secretary The term Secretary means the Secretary of Energy. 4. Compliance with the Clean Air Act (a) Rulemaking required (1) Proposed regulation Not later than 1 year after the date of enactment of this Act, the Administrator shall issue a notice of proposed rulemaking to revise part 98 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)— (A) to require qualifying crypto-asset mining operations to report as covered facilities under subpart A of that part; (B) to add a new subpart to that part that includes qualifying crypto-asset mining operations as a source category; (C) to include in the new subpart created under subparagraph (B) appropriate calculation methodologies, reporting guidelines, and monitoring operations of, with respect to qualifying crypto-asset mining operations, scope 1 emissions and scope 2 emissions; and (D) to designate the qualifying crypto-asset mining operations source category established pursuant to subparagraph (B) as a source category that is subject to greenhouse gas reporting requirements and related monitoring, recordkeeping, and reporting requirements under section 98.2 of that title, regardless of whether a qualifying crypto-asset mining operation emits at least 25,000 metric tons of carbon dioxide-equivalent. (2) Final Rule Not later than 180 days after the date on which the public comment period on the proposed rule under paragraph (1) closes, the Administrator shall issue a final rule revising part 98 of title 40, Code of Federal Regulations. (b) Assessment Not later than 1 year after the date on which the Administrator finalizes the rule required under subsection (a), the Administrator shall, pursuant to section 114(a) of the Clean Air Act ( 42 U.S.C. 7414(a) ), issue requests for information for the purpose of conducting an assessment of, with respect to qualifying crypto-asset mining operations, the permit programs under the Clean Air Act ( 42 U.S.C. 7401 et seq. ), which shall include identifying the extent to which any qualifying crypto-asset mining operations are improperly operating without a valid and current permit under that Act. (c) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for fiscal year 2023, to remain available until expended. (d) Savings provision Nothing in this section limits the ability of the Administrator to require the reporting of emissions of any type in another source category. 5. Impact study (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary, the Administrator of the Energy Information Administration, the Federal Energy Regulatory Commission, and the head of any other Federal agency the Administrator or the Secretary determines appropriate, shall conduct a study on the environmental impacts of crypto-asset mining in the United States. (b) Study Requirements The study required under subsection (a) shall include— (1) the number and location of any existing or planned qualifying crypto-asset mining operation; (2) the amount of greenhouse gas emissions and other air pollutants that are— (A) released by an onsite energy source; and (B) attributable to offsite-generated electricity, steam, heat, or cooling provided to a qualifying crypto-asset mining operation; (3) the anticipated increase of new, and expansion of existing, qualifying crypto-asset mining operations; (4) the potential impacts of electric energy consumption by qualifying crypto-asset mining operations, including by prolonging the use of fossil fuel generators, on the ability of the United States to achieve the greenhouse gas emission reductions necessary to keep global warming below 1.5 degrees Celsius compared to pre-industrial levels; (5) the ecological impacts, including ecological impacts associated with electronic waste generation and the use or discharge of cooling water, caused by qualifying crypto-asset mining operations; (6) the potential public health impacts due to the reduced air and water quality and increased water stress on communities near qualifying crypto-asset mining operations; (7) the potential public health impacts from greenhouse gas emissions released by qualifying crypto-asset mining operations; (8) the potential public health and ecological impacts from noise generated by qualifying crypto-asset mining operations; (9) the amount of electric energy consumed by each qualifying crypto-asset mining operation, including the time of use of electricity and the potential grid stress posed by the power load of the qualifying crypto-asset mining operation; (10) the source of electric energy consumed by each qualifying crypto-asset mining operation; (11) the aggregated energy-use statistics and greenhouse gas emissions statistics for qualifying crypto-asset mining operations in the United States; (12) an analysis of energy use and greenhouse gas emissions by type of consensus mechanism; (13) an analysis of demand-response programs negotiated between qualifying crypto-asset mining operations and electric utilities; (14) an analysis of potential rate-design measures that could be implemented by State and local regulators to reduce the energy consumption and dependence on fossil fuel energy sources of crypto-asset mining operations; (15) a geospatial assessment of the extent to which crypto-asset mining operations are located within environmental justice communities, as defined by the Administrator or within the Climate and Economic Justice Screening Tool of the Council on Environmental Quality; and (16) an identification of, and recommendations for, best practices for data types, data sources, and methodologies for accurately measuring, modeling, and tracking the environmental impacts of crypto-asset mining operations in the United States in the future. (c) Public Comment Before conducting the study required by subsection (a), the Administrator shall provide an opportunity for public comment and advice relevant to conducting the study. (d) Report to Congress Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate, and publish on the public websites of the Environmental Protection Agency and the Department of Energy, a report that contains the results of the study required by subsection (a). (e) Authorization of Appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for fiscal year 2023, to remain available until expended. 6. Energy efficiency of data center buildings Section 453(a)(1) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17112(a)(1) ) is amended— (1) in subparagraph (A), by striking ‘‘or’’ at the end after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: (C) a facility in which 2 or more computers perform logical operations to mine or create crypto-asset (as defined in section 3 of the Crypto-Asset Environmental Transparency Act of 2022 ). . | https://www.govinfo.gov/content/pkg/BILLS-117s5210is/xml/BILLS-117s5210is.xml |
117-s-5211 | II 117th CONGRESS 2d Session S. 5211 IN THE SENATE OF THE UNITED STATES December 8, 2022 Ms. Cortez Masto (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize the use of specialized human trafficking training and technical assistance grants to train law enforcement personnel regarding the Interdiction for the Protection of Children program.
1. Short title This Act may be cited as the Interdiction for the Protection of Child Victims of Exploitation and Human Trafficking Act . 2. Interdiction for the Protection of Children program (a) In general Section 111(c)(1) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 34 U.S.C. 20708(c)(1) ) is amended by inserting , which may include programs to build law enforcement capacity to identify and respond to human trafficking that are funded through the Office of Community Oriented Policing Services of the Department of Justice before the semicolon at the end. (b) Conforming amendment Section 107(c)(4)(A) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(c)(4)(A) ) is amended by inserting in order to fulfill the purposes described in section 111(c) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 34 U.S.C. 20708(c) ) before the period at the end. | https://www.govinfo.gov/content/pkg/BILLS-117s5211is/xml/BILLS-117s5211is.xml |
117-s-5212 | II 117th CONGRESS 2d Session S. 5212 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles XVIII and XIX of the Social Security Act and the Bipartisan Budget Act of 2018 to increase access to services provided by advanced practice registered nurses under the Medicare and Medicaid programs, and for other purposes.
1. Short title; table of contents (a) In general This Act may be cited as the Improving Care and Access to Nurses Act or the I CAN Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Removal of Barriers to Practice on Nurse Practitioners Sec. 101. Expanding access to cardiac rehabilitation programs and pulmonary rehabilitation programs under Medicare program. Sec. 102. Permitting nurse practitioners to satisfy Medicare documentation requirement for coverage of certain shoes for individuals with diabetes. Sec. 103. Improvements to the assignment of beneficiaries under the Medicare shared savings program. Sec. 104. Expanding the availability of medical nutrition therapy services under the Medicare program. Sec. 105. Preserving access to home infusion therapy under the Medicare program. Sec. 106. Increasing access to hospice care services under the Medicare program. Sec. 107. Streamlining care delivery in skilled nursing facilities and nursing facilities; authorizing medicare and medicaid inpatient hospital patients to be under the care of a nurse practitioner. Sec. 108. Improving access to Medicaid clinic services. TITLE II—Removal of Barriers to Practice on Certified Registered Nurse Anesthetists Sec. 201. Clarifying that certified registered nurse anesthetists can be reimbursed by Medicare for evaluation and management services. Sec. 202. Revision of conditions of payment relating to services ordered and referred by certified registered nurse anesthetists. Sec. 203. Special payment rule for teaching student registered nurse anesthetists. Sec. 204. Removing unnecessary and costly supervision of certified registered nurse anesthetists. Sec. 205. CRNA services as a Medicaid-required benefit. TITLE III—Removal of Barriers to Practice on Certified Nurse-Midwives Sec. 301. Improving access to training in maternity care. Sec. 302. Improving Medicare patient access to home health services provided by certified nurse-midwives. Sec. 303. Improving access to DMEPOS for Medicare beneficiaries. Sec. 304. Technical changes to qualifications and conditions with respect to the services of certified nurse-midwives. TITLE IV—Improving Federal Health Programs for All Advanced Practice Registered Nurses Sec. 401. Revising the local coverage determination process under the Medicare program. Sec. 402. Locum tenens. I Removal of Barriers to Practice on Nurse Practitioners 101. Expanding access to cardiac rehabilitation programs and pulmonary rehabilitation programs under Medicare program (a) Cardiac rehabilitation programs Section 1861(eee) of the Social Security Act ( 42 U.S.C. 1395x(eee) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)(i), by striking a physician’s office and inserting the office of a physician (as defined in subsection (r)(1)) or the office of a nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in subsection (aa)(5)) ; and (B) in subparagraph (C), by inserting (as defined in subsection (r)(1)), nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in subsection (aa)(5)) after physician ; (2) in paragraph (3)(A), by striking physician-prescribed exercise and inserting exercise prescribed by a physician (as defined in subsection (r)(1)), nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in subsection (aa)(5)) ; and (3) in paragraph (5), in the matter preceding subparagraph (A), by inserting (as defined in subsection (r)(1)), nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in subsection (aa)(5)), after physician . (b) Pulmonary rehabilitation programs Section 1861(fff) of the Social Security Act ( 42 U.S.C. 1395x(fff) ) is amended— (1) in paragraph (2)(A), by striking physician-prescribed exercise and inserting exercise prescribed by a physician (as defined in subsection (r)(1)), nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in subsection (aa)(5)) ; and (2) in paragraph (3), in the matter preceding subparagraph (A), by inserting after physician the following: (as defined in subsection (r)(1)), nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in subsection (aa)(5)), . (c) Effective date (1) In general The amendments made by subsections (a) and (b) shall apply to items and services furnished on or after the date that is 3 months after the date of enactment of this Act. (2) Expediting implementation of supervision authority Section 51008(c) of the Bipartisan Budget Act of 2018 ( Public Law 115–123 ; 42 U.S.C. 1395x note) is amended by striking January 1, 2024 and inserting January 1, 2023 . 102. Permitting nurse practitioners to satisfy Medicare documentation requirement for coverage of certain shoes for individuals with diabetes (a) In general Section 1861(s)(12) of the Social Security Act ( 42 U.S.C. 1395x(s)(12) ) is amended— (1) in subparagraph (A), by inserting , nurse practitioner, or physician assistant after physician ; and (2) in subparagraph (C), by inserting , nurse practitioner, or physician assistant after physician each place it appears. (b) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2023. 103. Improvements to the assignment of beneficiaries under the Medicare shared savings program Section 1899(c)(1) of the Social Security Act ( 42 U.S.C. 1395jjj(c)(1) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (C) in the case of performance years beginning on or after January 1, 2023, primary care services provided under this title by an ACO professional described in subsection (h)(1)(B). . 104. Expanding the availability of medical nutrition therapy services under the Medicare program Section 1861(vv)(1) of the Social Security Act ( 42 U.S.C. 1395x(vv)(1) ) is amended by inserting , a nurse practitioner, or a clinical nurse specialist (as such terms are defined in subsection (aa)(5)) before the period at the end. 105. Preserving access to home infusion therapy under the Medicare program (a) Allowing applicable providers To establish home infusion therapy plans Section 1861(iii)(1)(B) of the Social Security Act ( 42 U.S.C. 1395x(iii)(1)(B) ) is amended— (1) by striking a physician (as defined in subsection (r)(1)) and inserting an applicable provider (as defined in paragraph (3)(A)) ; and (2) by striking a physician (as so defined) and inserting an applicable provider (as so defined) . (b) Conforming amendment Section 1834(u)(6) of the Social Security Act ( 42 U.S.C. 1395m(u)(6) ) is amended by striking physician and inserting applicable provider (as defined in section 1861(iii)(3)(A)) . 106. Increasing access to hospice care services under the Medicare program (a) In general Section 1814(a)(7)(A) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(A) ) is amended— (1) in clause (i)(I), by striking a nurse practitioner or ; (2) in clause (i)(II), by inserting or nurse practitioner after physician ; and (3) in clause (ii), by striking or physician and inserting , physician, or nurse practitioner . (b) Hospice care definition Section 1861(dd)(1)(C) of the Social Security Act ( 42 U.S.C. 1395x(dd)(1)(C) ) is amended by inserting or nurse practitioner after physician . 107. Streamlining care delivery in skilled nursing facilities and nursing facilities; authorizing medicare and medicaid inpatient hospital patients to be under the care of a nurse practitioner (a) Medicare (1) Certification of post-hospital extended care services Section 1814(a)(2) of the Social Security Act ( 42 U.S.C. 1395f(a)(2) ) is amended, in the matter preceding subparagraph (A), by striking , or a nurse practitioner, and inserting or a nurse practitioner (in accordance with State law), or . (2) Certification authority for nurse practitioners Section 1814(a)(3) of the Social Security Act ( 42 U.S.C. 1395f(a)(3) ) is amended by inserting or nurse practitioner after physician . (3) Supervision requirement in skilled nursing facility services Section 1819(b)(6)(A) of the Social Security Act ( 42 U.S.C. 1395i–3(b)(6)(A) ) is amended— (A) in the heading, by striking Physician supervision and inserting Supervision ; and (B) by inserting or a nurse practitioner, in accordance with State law after physician . (4) Administration of part B Section 1842(b)(2)(C) of the Social Security Act ( 42 U.S.C. 1395u(b)(2)(C) ) is amended, in the second sentence, by striking working in collaboration with that physician . (5) Provision of medical and other health services Section 1861(s)(2)(K)(ii) of the Social Security Act ( 42 U.S.C. 1395x(s)(2)(K)(ii) ) is amended by striking or clinical nurse specialist (as defined in subsection (aa)(5)) working in collaboration (as defined in subsection (aa)(6)) with a physician (as defined in subsection (r)(1)) and inserting (as defined in subsection (aa)(5)(A)), or by a clinical nurse specialist (as defined in subsection (aa)(5)(B)) working in collaboration with a physician (as defined in subsection (r)(1)), . (6) Privileges for nurse practitioners Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (A) in subsection (e)(4), by inserting (or nurse practitioner, in accordance with State law) after physician ; (B) in subsection (f)(1), by inserting or nurse practitioner after physician ; and (C) in each of subparagraphs (B) and (F) of subsection (ee)(2), by inserting or nurse practitioner after physician . (b) Medicaid (1) Certification authority for nurse practitioners Section 1902(a)(44) of the Social Security Act ( 42 U.S.C. 1396a(a)(44) ) is amended to read as follows: (44) in each case for which payment for inpatient hospital services, skilled nursing facility services, services in an intermediate care facility described in section 1905(d), or inpatient mental hospital services is made under the State plan— (A) a physician or nurse practitioner (or, in the case of skilled nursing facility services or intermediate care facility services, a physician or nurse practitioner, or a clinical nurse specialist who is not an employee of the facility but is working in collaboration with a physician) certifies at the time of admission, or, if later, the time the individual applies for medical assistance under the State plan (and a physician or nurse practitioner, or a physician assistant under the supervision of a physician, or, in the case of skilled nursing facility services or intermediate care facility services, a physician or nurse practitioner, or a clinical nurse specialist who is not an employee of the facility but is working in collaboration with a physician, recertifies, where such services are furnished over a period of time, in such cases, at least as often as required under section 1903(g)(6) (or, in the case of services that are services provided in an intermediate care facility, every year), and accompanied by such supporting material, appropriate to the case involved, as may be provided in regulations of the Secretary), that such services are or were required to be given on an inpatient basis because the individual needs or needed such services, and (B) such services were furnished under a plan established and periodically reviewed and evaluated by a physician or nurse practitioner, or, in the case of skilled nursing facility services or intermediate care facility services, by a physician or nurse practitioner, or a clinical nurse specialist who is not an employee of the facility but is working in collaboration with a physician; . (2) Nursing facility services supervision and clinical records Section 1919(b)(6)(A) of the Social Security Act ( 42 U.S.C. 1396r(b)(6)(A) ) is amended to read as follows: (A) require that the health care of every resident be provided under the supervision of a physician or nurse practitioner (or, at the option of a State, under the supervision of a clinical nurse specialist or physician assistant who is not an employee of the facility but who is working in collaboration with a physician); . 108. Improving access to Medicaid clinic services Section 1905(a)(9) of the Social Security Act ( 42 U.S.C. 1396d(a)(9) ) is amended by adding or nurse practitioner after physician in both places that it appears. II Removal of Barriers to Practice on Certified Registered Nurse Anesthetists 201. Clarifying that certified registered nurse anesthetists can be reimbursed by Medicare for evaluation and management services Section 1861(bb)(1) of the Social Security Act ( 42 U.S.C. 1395x(bb)(1) ) is amended by inserting , including pre-anesthesia evaluation and management services, after and related care . 202. Revision of conditions of payment relating to services ordered and referred by certified registered nurse anesthetists Not later than 3 months after the date of enactment of this Act, the Secretary of Health and Human Services shall revise section 410.69 of title 42, Code of Federal Regulations, to clarify that, for purposes of payment under part B of title XVIII of the Social Security Act— (1) certified registered nurse anesthetists are authorized to order, certify, and refer services to the extent allowed under the law of the State in which the services are furnished; and (2) payment shall be made under such part for such services so ordered, certified, or referred by certified registered nurse anesthetists. 203. Special payment rule for teaching student registered nurse anesthetists Section 1848(a)(6) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(6) ) is amended, in the matter preceding subparagraph (A), by inserting or student registered nurse anesthetists after physician residents . 204. Removing unnecessary and costly supervision of certified registered nurse anesthetists Section 1861(bb)(2) of the Social Security Act ( 42 U.S.C. 1395x(bb)(2) ) is amended— (1) in the second sentence, by inserting , but may not require that certified registered nurse anesthetists provide services under the supervision of a physician after certification of nurse anesthetists ; and (2) in the third sentence, by inserting under the supervision of an anesthesiologist after an anesthesiologist assistant . 205. CRNA services as a Medicaid-required benefit (a) In general Section 1905(a)(5) of the Social Security Act ( 42 U.S.C. 1396d(a)(5) ) is amended— (1) by striking and (B) and inserting (B) ; and (2) by inserting before the semicolon at the end the following: , and (C) services furnished by a certified registered nurse anesthetist (as defined in section 1861(bb)(2)), which such certified registered nurse anesthetist is authorized to perform under State law (or the State regulatory mechanism as provided by State law) . (b) Payment Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended— (1) in paragraph (86), by striking and at the end; (2) in paragraph (87), by striking the period and inserting ; and ; and (3) by inserting after paragraph (87) the following new paragraph: (88) provide for payment for the services of a certified registered nurse anesthetist (as defined in section 1861(bb)(1)) in amounts no lower than the amounts, using the same methodology, used for payment for amounts under section 1833(a)(1)(H). . III Removal of Barriers to Practice on Certified Nurse-Midwives 301. Improving access to training in maternity care (a) Medicare payments for supervision by certified nurse-Midwives Paragraph (1) of section 1861(gg) of the Social Security Act ( 42 U.S.C. 1395x(gg) ) is amended to read as follows: (1) The term certified nurse-midwife services means— (A) such services furnished by a certified nurse-midwife (as defined in paragraph (2)); and (B) such services (and such supplies and services furnished as an incident to the nurse-midwife's service) which— (i) the certified nurse-midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) as would otherwise be covered if furnished by a physician; (ii) are furnished under the supervision of a certified-nurse midwife by an intern or resident-in-training (as described in subsection (b)(6)); (iii) would otherwise be described in subparagraph (A) if furnished by a certified nurse-midwife; and (iv) would otherwise be covered if furnished under the supervision of a physician. . (b) Clarifying permissibility of using certain grants for clinical training by certified nurse-Midwives Section 811(a)(1) of the Public Health Service Act ( 42 U.S.C. 296j(a)(1) ) is amended by inserting , including clinical training, after projects . 302. Improving Medicare patient access to home health services provided by certified nurse-midwives (a) In general Section 1835(a) of the Social Security Act ( 42 U.S.C. 1395n(a) ) is amended— (1) in paragraph (2)— (A) by inserting or a certified nurse-midwife (as defined in section 1861(gg)), after or a physician assistant (as defined in section 1861(aa)(5)) who is working in accordance with State law, ; and (B) in subparagraph (A)— (i) in each of clauses (ii) and (iii), by striking or a physician assistant (as the case may be) and inserting a physician assistant, or a certified nurse-midwife (as the case may be) ; and (ii) in clause (iv), by— (I) inserting or by a certified nurse-midwife (as defined in section 1861(gg)) after (but in no case later than the date that is 6 months after the date of the enactment of the CARES Act ) ; and (II) by striking (as defined in section 1861(gg)) ; and (2) in the matter following paragraph (2), by striking or physician assistant (as the case may be) and inserting physician assistant, or certified nurse-midwife (as the case may be) each place it appears. (b) Conforming amendments Section 1895 of the Social Security Act ( 42 U.S.C. 1395fff ) is amended— (1) in subsection (c)(1), by inserting a certified nurse-midwife (as defined in section 1861(gg)), after clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), ; and (2) in subsection (e)(1)(A), by striking a physician a nurse practitioner or clinical nurse specialist, and inserting a physician, a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, . 303. Improving access to DMEPOS for Medicare beneficiaries Section 1834(a) of the Social Security Act ( 42 U.S.C. 1395m(a) ) is amended— (1) in paragraph (1)(E)(ii) by striking or a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) and inserting , a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), or a certified nurse-midwife (as defined in section 1861(gg)) ; and (2) in paragraph (11)(B)(ii)— (A) by striking or a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) and inserting a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), or a certified nurse-midwife (as defined in section 1861(gg)) ; and (B) by striking or specialist and inserting specialist, or nurse-midwife . 304. Technical changes to qualifications and conditions with respect to the services of certified nurse-midwives Section 1861(gg)(2) of the Social Security Act ( 42 U.S.C. 1395x(gg)(2) ) is amended by striking , or has been certified by an organization recognized by the Secretary and inserting and has been certified by the American Midwifery Certification Board (or a successor organization) . IV Improving Federal Health Programs for All Advanced Practice Registered Nurses 401. Revising the local coverage determination process under the Medicare program (a) In general Section 1862(l)(5) of the Social Security Act ( 42 U.S.C. 1395y(l)(5) ) is amended— (1) in subparagraph (D), by adding at the end the following new clauses: (vi) Identification of any medical or scientific experts whose advice was obtained by such contractor during the development of such determination, whether or not such contractor relied on such advice in developing such determination. (vii) A hyperlink to any written communication between such contractor and another entity that such contractor relied on when developing such determination. (viii) A hyperlink to any rule, guideline, protocol, or other criterion that such contractor relied on when developing such determination. ; and (2) by adding at the end the following new subparagraphs: (E) Prohibition on imposition of practitioner qualifications The Secretary shall prohibit a Medicare administrative contractor that develops a local coverage determination from imposing such determination on any coverage limitation with respect to the qualifications of a physician (as defined in section 1861(r)) or a practitioner described in section 1842(b)(18)(C) who may furnish the item or service that is the subject of such determination. (F) Civil monetary penalty A Medicare administrative contractor that develops a local coverage determination that fails to make information described in subparagraph (D) available as required by the Secretary under such subparagraph or comply with the prohibition under subparagraph (E) is subject to a civil monetary penalty of not more than $10,000 for each such failure. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). . (b) Timing of review Section 1869(f)(2) of the Social Security Act ( 42 U.S.C. 1395ff(f)(2) ) is amended by adding at the end the following new subparagraph: (D) Timing of review An aggrieved party may file a complaint described in subparagraph (A) with respect to a local coverage determination on or after the date that such determination is posted, in accordance with section 1862(l)(5)(D), on the Internet website of the Medicare administrative contractor making such determination, whether or not such determination has taken effect. . (c) Effective date The amendments made by this section shall apply to local coverage determinations made available on the Internet website of a Medicare administrative contractor and on the Medicare Internet website on or after the date of the enactment of this Act. 402. Locum tenens (a) In general Section 1842(b)(6) of the Social Security Act ( 42 U.S.C. 1395u(b)(6) ) is amended— (1) by striking and (J) and inserting , (J) ; and (2) by inserting before the period at the end the following , and (K) in the case of services furnished by a certified registered nurse anesthetist (as defined in section 1861(bb)(2)), nurse practitioner, or clinical nurse specialist (as defined in section 1861(aa)(5)), or a certified nurse-midwife (as defined in section 1861(gg)(2)), subparagraph (D) of this sentence shall apply to such services and such anesthetist, practitioner, specialist, or nurse-midwife in the same manner as such subparagraph applies to physicians’ services furnished by physicians . (b) Implementation Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall update all applicable regulations and subregulatory guidance necessary to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s5212is/xml/BILLS-117s5212is.xml |
117-s-5213 | II 117th CONGRESS 2d Session S. 5213 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mrs. Shaheen (for herself, Mr. Blumenthal , Mr. Brown , Mr. Reed , Mr. Durbin , Mr. Van Hollen , and Mr. Merkley ) 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 deny the deduction for advertising and promotional expenses for tobacco products and electronic nicotine delivery systems.
1. Short title This Act may be cited as the No Tax Subsidies for E-Cigarette and Tobacco Ads Act . 2. Disallowance of deduction for advertising and promotional expenses for tobacco products and electronic nicotine delivery systems (a) In general Part IX of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 280I. Disallowance of deduction for direct-to-consumer advertising of tobacco products and electronic nicotine delivery systems (a) In general No deduction shall be allowed under this chapter for expenses relating to direct-to-consumer advertising of tobacco products (including electronic nicotine delivery systems) for any taxable year. (b) Direct-to-Consumer advertising For purposes of this section, the term direct-to-consumer advertising means any dissemination, by or on behalf of a sponsor of a tobacco product (including an electronic nicotine delivery system product), of an advertisement which— (1) is in regard to such tobacco product (including an electronic nicotine delivery systems product), and (2) is primarily targeted to the general public, including through— (A) publication in journals, magazines, other periodicals, and newspapers, (B) broadcasting through media such as radio, television, and telephone communication systems, direct mail, and billboards, and (C) dissemination on the internet or through digital platforms (including social media, mobile media, web applications, digital applications, mobile applications, and electronic applications). (c) Tobacco product For purposes of this section, the term tobacco product means any product described in section 201(rr) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(rr) ). (d) Electronic nicotine delivery system For purposes of this section, the term electronic nicotine delivery system — (1) means any electronic device that delivers nicotine, flavor, or another substance via an aerosolized solution to the user inhaling from the device (including e-cigarettes, e-hookah, e-cigars, vape pens, advanced refillable personal vaporizers, and electronic pipes) and any component, liquid, part, or accessory of such a device, whether or not sold separately, and (2) does not include a product that— (A) is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose, and (B) is marketed and sold solely for a purpose described in subparagraph (A). . (b) Conforming amendment The table of sections for such part IX of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 280H the following new item: Sec. 280I. Disallowance of deduction for direct-to-consumer advertising of tobacco products and electronic nicotine delivery systems. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s5213is/xml/BILLS-117s5213is.xml |
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