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117-s-5214 | II 117th CONGRESS 2d Session S. 5214 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Merkley (for himself and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To direct the Administrator of the Environmental Protection Agency to conduct a measurement-based national methane research pilot study to quantify methane emissions from certain oil and gas infrastructure, and for other purposes.
1. Short title This Act may be cited as the Methane Emissions Research Act of 2022 . 2. National methane research pilot study (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (3) Covered oil and gas infrastructure (A) In general The term covered oil and gas infrastructure means the infrastructure used for the production, gathering and boosting, processing, transmission, and storage of oil and natural gas in the United States. (B) Exclusion The term covered oil and gas infrastructure does not include oil and gas distribution infrastructure. (4) Methane census The term methane census means a national methane census study to evaluate methane emissions from covered oil and gas infrastructure that, if carried out, would— (A) be undertaken on a recurring basis; and (B) encompass all 7 regions. (5) Pilot study The term pilot study means the measurement-based national methane research pilot study required under subsection (b). (6) Region The term region means any of the 7 oil and gas regions evaluated in the July 2022 Drilling Productivity Report of the Energy Information Administration. (b) Pilot study required The Administrator, in consultation with the Secretary of Energy, the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Pipeline and Hazardous Materials Safety Administration, the Director of the National Institute of Standards and Technology, and the heads of other Federal agencies as the Administrator determines appropriate, shall conduct a measurement-based national methane research pilot study to quantify methane emissions from covered oil and gas infrastructure. (c) Requirements (1) In general In carrying out the pilot study, the Administrator shall— (A) select 2 regions within which to carry out the pilot study; (B) identify areas consisting primarily of covered oil and gas infrastructure within each region selected under subparagraph (A); (C) develop and implement methodologies and procedures for a measurement-based evaluation of methane emissions from the covered oil and gas infrastructure described in subparagraph (B); (D) assess diverse approaches to the characterization of methane emissions from the covered oil and gas infrastructure described in subparagraph (B); and (E) consult with Federal, State, local, academic, nonprofit, and private sector entities, as appropriate. (2) Technologies In carrying out the pilot study, the Administrator shall— (A) employ a technology or suite of technologies for methane emissions measurement, research, and analysis; and (B) to the extent practicable, consider using innovative technologies for methane emissions measurement and quantification. (d) Report Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress, and make publicly available, a report assessing the results of the pilot study, which shall include— (1) an overview of the findings of the pilot study with respect to the quantification and characterization of methane emissions from covered oil and gas infrastructure; (2) an analysis of how the pilot study could support and inform the development and implementation of a methane census, which shall include an analysis of— (A) the feasibility of evaluating the amount of methane emissions from covered oil and gas infrastructure by region, industry segment, type of emission source, or any other criterion, as a component of a methane census; (B) the necessary scope of measurement-based activities within regions in order to carry out a methane census; (C) any onshore or offshore gaps within the scope of the pilot study that could merit inclusion as a part of a methane census; (D) the estimated budget that would be required to oversee a methane census; and (E) any other relevant topic, as determined by the Administrator; (3) an analysis of how the measurement-based evaluation of methane emissions from covered oil and gas infrastructure, as completed by the pilot study or contemplated for a methane census, could support efforts to reconcile data generated by top-down methods and bottom-up methods of analysis of methane emissions from covered oil and gas infrastructure with respect to the Inventory of U.S. Greenhouse Gas Emissions and Sinks of the Environmental Protection Agency, which shall include an analysis of— (A) how methane emissions data from the pilot study or a methane census could be used as a part of a reconciliation process to better understand and improve data estimates from both top-down methods and bottom-up methods of analysis of methane emissions from covered oil and gas infrastructure; (B) how methane emissions data from the pilot study or a methane census could identify and help to explore any significant discrepancies between top-down methods and bottom-up methods of analysis of methane emissions from covered oil and gas infrastructure; and (C) any other relevant topic, as determined by the Administrator; (4) a description of any research or technology gaps that were identified during the course of the pilot study and could merit additional study to support the improvement of methane emissions measurement and quantification; and (5) a description of the methodology of the pilot study that, to the greatest extent practicable and consistent with appropriate protections for confidential business information and intellectual property, as determined by the Administrator, includes a discussion of— (A) study design; (B) measurement techniques; (C) efforts to account for additional significant sources of methane emissions within a region; and (D) assumptions and uncertainties in the results of the pilot study. (e) Methane emissions data interoperability (1) In general The Administrator, to the greatest extent practicable, shall ensure that all data collected as part of the pilot study adheres to data and metadata standards determined appropriate by the Administrator to support the public findability, accessibility, interoperability, and reusability of those data. (2) Consultation In carrying out paragraph (1), the Administrator shall consult with the heads of other Federal agencies, as appropriate— (A) to facilitate effective data sharing regarding methane emissions measurement and quantification data; and (B) to ensure that methane emissions measurement and quantification data gathered by those other Federal agencies can be converted to a format that is consistent with the methodologies and procedures of the pilot study. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s5214is/xml/BILLS-117s5214is.xml |
117-s-5215 | II 117th CONGRESS 2d Session S. 5215 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mrs. Feinstein (for herself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Omnibus Public Land Management Act of 2009 to authorize the modification of transferred works to increase public benefits and other project benefits as part of extraordinary operation and maintenance work, and for other purposes.
1. Short title This Act may be cited as the Collaborative Modifications to Aging Infrastructure Projects Act . 2. Extraordinary operation and maintenance work; project modification (a) Definitions Section 9601 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510 ) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (4), (7), (9), (10), (11), (12), and (3), respectively, and moving the paragraphs so as to appear in numerical order; (2) by inserting before paragraph (3) (as so redesignated) the following: (1) Adverse impact The term adverse impact means, with respect to a project modification, a reduction in water quantity or quality or a change in the timing of water deliveries available to a project beneficiary from the modified project as compared to the water quantity or quality or timing of water deliveries from— (A) the project with the original capacity restored, if the extraordinary operation and maintenance work under section 9603 is intended to restore lost project capacity; (B) the project prior to undertaking the planning and design, if the extraordinary operation and maintenance work under section 9603 is for any purpose other than to restore lost project capacity; or (C) project operations of the modified project without an increase in benefits for a new project beneficiary under section 9603(e)(1)(E). (2) Disadvantaged community The term disadvantaged community has the meaning given the term low-income community in section 45D(e) of the Internal Revenue Code of 1986. ; (3) by inserting after paragraph (4) (as so redesignated) the following: (5) New benefit The term new benefit means the increase in benefits of the modified project compared to the benefits provided by— (A) the project with the original capacity restored, if the extraordinary operation and maintenance work under section 9603 is intended to restore lost project capacity; or (B) the project prior to undertaking the planning and design, if the extraordinary operation and maintenance work under section 9603 is for any purpose other than to restore lost project capacity. (6) Project beneficiary The term project beneficiary means any entity that has a repayment, long-term water service, or other form of long-term contract or agreement executed pursuant to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq. ), for water supply from the project. ; and (4) by inserting after paragraph (7) (as so redesignated) the following: (8) Public benefit The term public benefit , with respect to a modified project, means— (A) a public benefit identified under the reclamation laws; or (B) a drinking water benefit for 1 or more disadvantaged communities, including through groundwater recharge, if— (i) the drinking water meets applicable regulatory standards; (ii) the drinking water benefit exceeds express mitigation or compliance requirements under Federal or State law; (iii) the modified project reduces the unit cost per volume, improves water quality, or increases the reliability or quantity of the drinking water supply of the disadvantaged community as compared to the condition of the drinking water or other sources of drinking water available before the modification of the project; (iv) the drinking water benefit is quantified in a public process to determine the scope of funding; and (v) negative impacts on water quality for other communities are not caused as part of the modified project. . (b) Reimbursement of costs Section 9603(b) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b(b) ) is amended— (1) in paragraph (2), by striking the costs and inserting from the Aging Infrastructure Account established by subsection (d)(1) the costs, including reimbursable costs and nonreimbursable costs, ; and (2) by adding at the end the following: (4) Determination of nonreimbursable costs Any costs advanced under paragraph (2) that are allocated to nonreimbursable purposes of the project, including costs to restore or add a public benefit, shall be considered to be nonreimbursable costs. . (c) Aging infrastructure account conforming amendments Section 9603(d) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b(d) ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking the funds and inserting reimbursable funds ; (2) in paragraph (2)— (A) by striking to fund and inserting to fund, ; and (B) by striking the funds for and inserting reimbursable funds for, ; (3) in paragraph (3)(A), by striking the amounts and inserting the reimbursable amounts ; and (4) in paragraph (4)(B)(i), by inserting , including projects under subsection (e) after this section . (d) Authorization To modify transferred works To increase public benefits and other project benefits as part of extraordinary operation and maintenance work Section 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b ) is amended by adding at the end the following: (e) Authorization To modify transferred works To increase public benefits and other project benefits as part of extraordinary operation and maintenance work (1) Authorization; requirements (A) In general The Secretary, in consultation with any transferred works operating entity and any project beneficiaries and as part of extraordinary operation and maintenance work under this section, may develop and carry out a proposal to modify project features for transferred works to increase public benefits and other project benefits, including carrying out a feasibility study and conducting any applicable environmental analysis required for the proposal, subject to subparagraphs (B) through (G). (B) Maximum cost The maximum amount that may be added to the original project cost as a result of a project modification under subparagraph (A) shall not exceed— (i) an amount equal to 25 percent of the original cost of the project, in the case of a project for which the original cost of the project exceeds $100,000,000; or (ii) $25,000,000, in the case of a project for which the original cost of the project is not more than $100,000,000. (C) Public benefits In the case of a project modification under subparagraph (A), not less than 50 percent of the new benefits provided by the modification of the project shall be public benefits. (D) Written consent required A project modification under subparagraph (A) shall not be constructed until the date on which the Secretary has obtained the written consent of— (i) the transferred works operating entity, if applicable; and (ii) consistent with paragraph (2), any project beneficiary that would experience an adverse impact as a result of the modification of the project. (E) Adverse impact Any benefits that accrue to a new project beneficiary resulting from operations of the modified project shall not be increased without the consent of existing project beneficiaries that would experience an adverse impact as a result of the modification of the project. (F) Reimbursement of costs The costs of planning, design, and environmental compliance for a project modification under subparagraph (A) shall be reimbursed in accordance with subsection (b), except that any of the costs that would otherwise be allocated to a project beneficiary shall be considered nonreimbursable if the project beneficiary does not receive any increase in long-term average annual water deliveries as a result of the modification. (G) Eligibility of certain project modifications If a project modification that is otherwise eligible under subparagraph (A) is in the planning, design, or construction phase as of December 31, 2022, the project modification shall remain eligible to be developed under that subparagraph. (2) Procedure for obtaining consent and time limitation (A) Initial determination The Secretary shall initially determine whether the consent of a project beneficiary is required prior to construction under paragraph (1)(D) based on whether the modification or subsequent operations of the modified project would have any adverse impacts on a project beneficiary. (B) Written request for consent The Secretary shall provide to the transferred works operating entity, if any, and any project beneficiaries, in writing— (i) a description of the proposed modification and subsequent operations of the project; and (ii) (I) a request for consent under paragraph (1)(D); or (II) (aa) an explanation that the Secretary has determined that no consent is required under paragraph (1)(D); and (bb) a statement that if the project beneficiary believes that the consent of the project beneficiary is required, the project beneficiary shall send to the Secretary a reply not later than 30 days after the date of receipt of the notice that includes an explanation of the reasons that the project beneficiary would experience adverse impacts as a result of the project modification. (C) Final determination (i) Written response The Secretary shall respond in writing to any reply from a project beneficiary under subparagraph (B)(ii)(II)(bb) stating whether or not the Secretary determines that the project beneficiary would experience adverse impacts as a result of the project modification. (ii) Final agency action A written determination by the Secretary under clause (i) shall be considered to be a final agency action for purposes of section 704 of title 5, United States Code. (iii) Written request If the Secretary determines under clause (i) that the project beneficiary would experience adverse impacts as a result of the project modification, the Secretary shall send to the project beneficiary a written request for consent in accordance with subparagraph (B)(ii). (D) Time period for consent (i) In general If written consent required under paragraph (1)(D) is not obtained by the date that is 1 year after the date on which written consent is requested under subparagraph (B)(ii), the Secretary or the transferred works operating entity, as applicable, shall proceed with extraordinary operation and maintenance work of the project without the modification, unless the Secretary extends the time for consent under clause (ii). (ii) Extension At the discretion of the Secretary, the Secretary may elect to extend the time for obtaining consent under paragraph (1)(D) by 1 year. (3) Reallocation of costs based on project changes and increased public benefits The Secretary shall allocate costs, including capital repayment costs and operation and maintenance costs, for a project modification under paragraph (1), to provide that— (A) the public benefits provided by the modified project, including associated annual operation and maintenance costs, shall be nonreimbursable; and (B) the cost allocation of reimbursable costs to each project beneficiary reflects any changes in the benefits that the modified project is providing to the project beneficiary. (4) Incentive for benefitting entities to participate in projects with increased public benefits The total amount of reimbursable capital costs, as determined under paragraph (3), for a project modification that would increase public benefits without increasing municipal, industrial, or irrigation benefits of a project, shall be reduced by 15 percent, with each project beneficiary to be responsible for 85 percent of the reimbursable costs that would otherwise be allocated to the project beneficiary. (5) Reimbursable funds All reimbursable costs under this subsection shall be repaid in accordance with subsection (b). . | https://www.govinfo.gov/content/pkg/BILLS-117s5215is/xml/BILLS-117s5215is.xml |
117-s-5216 | II 117th CONGRESS 2d Session S. 5216 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Menendez (for himself, Mr. Padilla , Mr. Booker , Mrs. Shaheen , Ms. Hirono , Mr. Cardin , and Mrs. Murray ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To reduce the Federal budget deficit by closing big oil tax loopholes, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Close Big Oil Tax Loopholes Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Close big oil tax loopholes Sec. 101. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers. Sec. 102. Limitation on deduction for intangible drilling and development costs; amortization of disallowed amounts. Sec. 103. Limitation on percentage depletion allowance for oil and gas wells. Sec. 104. Limitation on deduction for tertiary injectants. Sec. 105. Limitation on enhanced oil recovery credit. Sec. 106. Limitation on credit for carbon oxide sequestration. TITLE II—Outer Continental Shelf oil and natural gas Sec. 201. Repeal of outer Continental Shelf deep water and deep gas royalty relief. TITLE III—Miscellaneous Sec. 301. Deficit reduction. Sec. 302. Budgetary effects. I Close big oil tax loopholes 101. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers (a) In general Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rules relating to major integrated oil companies which are dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)) to a foreign country or possession of the United States for any period shall not be considered a tax— (A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or (B) to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or (ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). (2) Dual capacity taxpayer For purposes of this subsection, the term dual capacity taxpayer means, with respect to any foreign country or possession of the United States, a person who— (A) is subject to a levy of such country or possession, and (B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. (3) Generally applicable income tax For purposes of this subsection— (A) In general The term generally applicable income tax means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. (B) Exceptions Such term shall not include a tax unless it has substantial application, by its terms and in practice, to— (i) persons who are not dual capacity taxpayers, and (ii) persons who are citizens or residents of the foreign country or possession. . (b) Effective Date (1) In general The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. 102. Limitation on deduction for intangible drilling and development costs; amortization of disallowed amounts (a) In general Section 263(c) of the Internal Revenue Code of 1986 is amended to read as follows: (c) Intangible drilling and development costs in the case of oil and gas wells and geothermal wells (1) In general Notwithstanding subsection (a), and except as provided in subsection (i), regulations shall be prescribed by the Secretary under this subtitle corresponding to the regulations which granted the option to deduct as expenses intangible drilling and development costs in the case of oil and gas wells and which were recognized and approved by the Congress in House Concurrent Resolution 50, Seventy-ninth Congress. Such regulations shall also grant the option to deduct as expenses intangible drilling and development costs in the case of wells drilled for any geothermal deposit (as defined in section 613(e)(2)) to the same extent and in the same manner as such expenses are deductible in the case of oil and gas wells. This subsection shall not apply with respect to any costs to which any deduction is allowed under section 59(e) or 291. (2) Exclusion (A) In general This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is an applicable large taxpayer. (B) Applicable large taxpayer For purposes of this paragraph— (i) In general The term applicable large taxpayer means, with respect to any taxable year, any taxpayer with gross receipts (within the meaning of section 448(c)) for such taxable year in excess of $50,000,000. (ii) Aggregation rule All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of clause (i). (C) Amortization of amounts not allowable as deductions under subparagraph (A) The amount not allowable as a deduction for any taxable year by reason of subparagraph (A) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred. For purposes of section 1254, any deduction under this subparagraph shall be treated as a deduction under this subsection. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2022. 103. Limitation on percentage depletion allowance for oil and gas wells (a) In general Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Application with respect to certain large taxpayers In the case of any taxable year in which the taxpayer is an applicable large taxpayer (as defined in section 263(c)(2)), the allowance for percentage depletion shall be zero. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2022. 104. Limitation on deduction for tertiary injectants (a) In general Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Application with respect to certain large taxpayers (1) In general This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is an applicable large taxpayer (as defined in section 263(c)(2)). (2) Amortization of amounts not allowable as deductions under paragraph (1) The amount not allowable as a deduction for any taxable year by reason of paragraph (1) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2022. 105. Limitation on enhanced oil recovery credit (a) In general Section 43 of the Internal Revenue Code of 1986 is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: (d) Application with respect to certain large taxpayers In the case of any taxable year in which the taxpayer is an applicable large taxpayer (as defined in section 263(c)(2)), subsection (a) shall be applied by substituting 0 percent for 15 percent . . (b) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2022. 106. Limitation on credit for carbon oxide sequestration (a) In general Section 45Q(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (10) Elimination of use of carbon oxide as tertiary injectant In the case of any qualified facility the construction of which begins after the date of the enactment of the Close Big Oil Tax Loopholes Act , subsection (a)(4)(B)(i) shall not apply. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2022. II Outer Continental Shelf oil and natural gas 201. Repeal of outer Continental Shelf deep water and deep gas royalty relief (a) In general Sections 344 and 345 of the Energy Policy Act of 2005 ( 42 U.S.C. 15904 , 15905) are repealed. (b) Administration With respect to any lease described in section 344 or 345 of the Energy Policy Act of 2005 ( 42 U.S.C. 15904 , 15905) (as in effect on the day before the date of enactment of this Act), beginning with the first lease sale held on or after that date of enactment for which a final notice of sale has not been published, the Secretary of the Interior shall not be required to provide for royalty relief in the lease sale terms. III Miscellaneous 301. Deficit reduction The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. 302. 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-117s5216is/xml/BILLS-117s5216is.xml |
117-s-5217 | II 117th CONGRESS 2d Session S. 5217 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Menendez (for himself and Mr. Reed ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To promote the diligent development of Federal oil and gas leases, and for other purposes.
1. Short title This Act may be cited as the Use it or Lose it Act of 2022 . 2. Definitions In this Act: (1) Covered lease The term covered lease means a lease that authorizes the exploration for, or production of, oil or natural gas under— (A) section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ); or (B) the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (2) Secretary The term Secretary means the Secretary of the Interior. 3. Diligent development of Federal oil and gas leases (a) Clarification of existing law Each covered lease shall be diligently developed by the person holding the covered lease to ensure timely production from the covered lease. (b) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations with respect to covered leases that— (1) establish requirements and benchmarks for oil and gas development that will ensure that leaseholders— (A) diligently develop each covered lease; and (B) to the maximum extent practicable, produce oil and gas from each covered lease during the primary term of the covered lease; (2) require each leaseholder to submit to the Secretary a diligent development plan describing how the lessee will meet the benchmarks established under paragraph (1); and (3) in establishing requirements under paragraphs (1) and (2), take into account the differences in development conditions and circumstances in the areas to be developed. 4. Nonproducing lease fee (a) Definition of nonproducing lease In this section, the term nonproducing lease means a covered lease under which no oil or natural gas has been extracted during the applicable year, as determined by the Secretary. (b) Authorization of nonproducing lease fee The Secretary shall charge to each person who holds a nonproducing lease an annual, nonrefundable fee, in an amount determined by the Secretary under subsection (c), for each nonproducing lease held by the person. (c) Amount (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish the fee authorized under subsection (b) in an amount determined by the Secretary to be sufficient to adequately incentivize the use of covered leases, but not less than $10 per acre per year for each nonproducing lease. (2) Increase The Secretary shall by regulation, at least once every 5 years, adjust the amount of the fee established under paragraph (1) to reflect any increase in inflation. (d) Deposit Amounts collected as fees authorized under subsection (b) shall be deposited in the general fund of the Treasury. | https://www.govinfo.gov/content/pkg/BILLS-117s5217is/xml/BILLS-117s5217is.xml |
117-s-5218 | II 117th CONGRESS 2d Session S. 5218 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mrs. Murray (for herself, Mr. Durbin , Ms. Baldwin , Mr. Blumenthal , Mr. Booker , Mr. Brown , Mr. Casey , Ms. Duckworth , Mrs. Feinstein , Mr. Kaine , Mr. Sanders , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the civil rights remedies equalization provision of the Rehabilitation Act Amendments of 1986 to clarify civil rights remedies.
1. Short title This Act may be cited as the Clarifying Civil Rights Remedies Act of 2022 . 2. Purposes (a) Purposes The purposes of this Act are— (1) to remedy and deter violations of rights guaranteed under section 504 of the Rehabilitation Act of 1973, section 1557 of the Patient Protection and Affordable Care Act, title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and title VI of the Civil Rights Act of 1964, by safeguarding the availability of damages for emotional harm in actions alleging violations of these laws; and (2) to invoke the sweep of congressional authority, including the power to enforce the Equal Protection Clause of the 14th Amendment to the Constitution of the United States and to set the terms on which Congress disburses Federal money under the Spending Clause of section 8 of article I of the Constitution, in order to remedy and deter discrimination on the basis of disability, race, color, national origin, age, and sex that people face every day. 3. Civil rights remedies Section 1003 of the Rehabilitation Act Amendments of 1986 ( 42 U.S.C. 2000d–7 ) is amended— (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following: (b) Compensatory damages Remedies at law available for a violation of a section or other provision referred to in subsection (a)(1), in a suit against any entity, private or public, including a State, shall include all types of compensatory damages, including damages for emotional harm. ; and (3) by amending subsection (c), as amended by paragraph (1), to read as follows: (c) Effective date The provisions of subsection (a) shall take effect with respect to violations that occur in whole or in part after October 21, 1986. Subsection (b) shall take effect with respect to violations for which a court has not rendered a final decision on the date of enactment of the Clarifying Civil Rights Remedies Act of 2022. . | https://www.govinfo.gov/content/pkg/BILLS-117s5218is/xml/BILLS-117s5218is.xml |
117-s-5219 | II 117th CONGRESS 2d Session S. 5219 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Cardin (for himself, Mr. Brown , and Mrs. Murray ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID–19 pandemic.
1. Short title This Act may be cited as the Restaurant Revitalization Tax Credit Act . 2. Restaurant revitalization credit (a) In general Subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 3135. Restaurant revitalization credit (a) In general In the case of an eligible employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 100 percent of the wages with respect to each employee of such employer for such calendar quarter. (b) Limitations and refundability (1) In general The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. (2) Credit limited to employment taxes The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter. For purposes of the preceding sentence, the credit allowed under subsection (a) shall be applied first against applicable employment taxes described in subsection (c)(1)(A). (3) Partial refundability of excess credit (A) In general If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). (B) Applicable employer refund limitation For purposes of subparagraph (A), the applicable employer refund limitation is the excess of— (i) $25,000, over (ii) the amount of credit treated as an overpayment of the eligible employer by reason of this paragraph for all preceding calendar quarters. (C) Reduction based on number of employees In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. (c) Definitions For purposes of this section— (1) Applicable employment taxes The term applicable employment taxes means the following: (A) The taxes imposed under section 3111(a). (B) The taxes imposed under section 3111(b). (2) Eligible employer (A) In general The term eligible employer means any employer— (i) which is an eligible entity (as defined in section 5003(a) of the American Rescue Plan Act of 2021) which— (I) was established before March 14, 2020, (II) submitted an application for a grant under section 5003(c) of such Act in accordance with the procedures established by the Administrator of the Small Business Administration under such section, (III) certifies to the Secretary (in such form and manner as the Secretary requires) that such employer was eligible for a grant under such section, and (IV) did not receive any grant funds under such section due to a lack of funding, (ii) which paid applicable employment taxes with respect to pay periods occurring in at least 2 calendar quarters of calendar year 2021, and (iii) which meets the gross receipts test of subparagraph (B). (B) Gross receipts test An employer meets the gross receipts test of this subparagraph if— (i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or (ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. (C) Applicable calendar year For purposes of this paragraph, the term applicable calendar year means any of the following: (i) Calendar year 2020. (ii) Calendar year 2021. (D) Special rule for employers not in existence for entirety of 2019 In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of— (i) the number of days during 2019 during which such employer was in existence, to (ii) 365. (E) Special rule for employers not in existence before 2020 In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph— (i) the amount of gross receipts for calendar year 2019 shall be equal to the product of— (I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and (II) the ratio of 366 to the number of days in the period described in subclause (I), and (ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of— (I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and (II) the ratio of 366 to the number of days in the period described in subclause (I). (3) Wages (A) In general The term wages has the meaning given such term under section 3121(a), determined without regard to paragraph (1) thereof. (B) Exception Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. (4) Other terms Any term used in this section which is also used in this chapter shall have the same meaning as when used in this chapter. (d) Aggregation rule All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. (e) Election To not take certain wages into account This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. (f) Third party payors Any credit allowed under this section shall be treated as a credit described in section 3511(d)(2). (g) Treatment of deposits The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. (h) Extension of limitation on assessment Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of— (1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or (2) the date on which such return is treated as filed under section 6501(b)(2). (i) Regulations and guidance The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary— (1) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and (2) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of employees. Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. (j) Application This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024. . (b) Refunds Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting “3135,” after “3134”. (c) Clerical amendment The table of sections for subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following: Sec. 3135. Restaurant revitalization credit. . (d) Coordination with Small Business Administration The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (e) Effective date The amendments made by this section shall apply to calendar quarters beginning after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s5219is/xml/BILLS-117s5219is.xml |
117-s-5220 | II 117th CONGRESS 2d Session S. 5220 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To reauthorize programs of the Small Business Administration, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Small Business Administration Reauthorization and Modernization Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Women's Business Centers Improvement Act of 2022 Sec. 101. Short title. Sec. 102. Amendments to Women's Business Center Program. Sec. 103. Effect on existing grants. Sec. 104. Regulations. TITLE II—Small Business Development Centers Improvement Act of 2022 Sec. 201. Short title. Sec. 202. Annual report on entrepreneurial development programs. Sec. 203. Marketing of services. Sec. 204. Data collection working group. Sec. 205. Oversight; fees from private partnerships and cosponsorships; negotiation. Sec. 206. Equity for small business development centers. Sec. 207. Confidentiality requirements. Sec. 208. Limitation on award of grants to small business development centers. Sec. 209. Authorization of appropriations for formula grants received by States. Sec. 210. Requirements relating to matching funds. Sec. 211. Duties of the Associate Administrator for Small Business Development Centers. Sec. 212. Determination of budgetary effects. TITLE III—SCORE for Small Business Act of 2022 Sec. 301. Short title. Sec. 302. SCORE Program provisions and requirements. Sec. 303. Authorization of appropriations for the SCORE program. Sec. 304. Reporting requirements. Sec. 305. Technical and conforming amendments. TITLE IV—Federal Contracting Fairness Act of 2022 Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Definitions. Sec. 404. Duration of participation; ramp-up period; transition period. Sec. 405. Administrative requirements for 8(a) firms. Sec. 406. SBA representation on the Federal Acquisition Regulation Council. Sec. 407. Office of Small and Disadvantaged Business Utilization; Director. Sec. 408. Sole source thresholds. Sec. 409. Mentor-protege program. Sec. 410. Certification process. Sec. 411. Repeal of bonafide office rule. Sec. 412. Reports. Sec. 413. Authorization of appropriations. TITLE V—Community Advantage Loan Program Permanency Act of 2022 Sec. 501. Short title. Sec. 502. Findings. Sec. 503. Community Advantage Loan Program. TITLE VI—STEP Improvement Act of 2022 Sec. 601. Short title. Sec. 602. State Trade Expansion Program. TITLE VII—Veterans Programs Sec. 701. Veteran Federal procurement entrepreneurship training program. Sec. 702. Boots to Business Program. TITLE VIII—Surety Bond Program Sec. 801. Expanding surety bond program. TITLE IX—SBIC Emerging Managers Program Sec. 901. Broadening investment by the SBIC program. TITLE X—New Start Act of 2022 Sec. 1001. Short title. Sec. 1002. Findings. Sec. 1003. Pilot program. TITLE XI—UPLIFT Act of 2022 Sec. 1101. Short title. Sec. 1102. Findings. Sec. 1103. Purposes. Sec. 1104. Innovation Centers Program. 2. Definitions In this Act: (1) Administration; Administrator The terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively. (2) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Small Business of the House of Representatives. (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 ). I Women's Business Centers Improvement Act of 2022 101. Short title This title may be cited as the Women's Business Centers Improvement Act of 2022 . 102. Amendments to Women's Business Center Program Section 29 of the Small Business Act ( 15 U.S.C. 656 ) is amended to read as follows: 29. Women's Business Center Program (a) Definitions In this section: (1) Assistant Administrator The term Assistant Administrator means the Assistant Administrator of the Office of Women's Business Ownership established under subsection (j). (2) Eligible entity The term eligible entity means— (A) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (B) a State, regional, or local economic development organization, if the organization certifies that grant funds received under this section will not be commingled with other funds; (C) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), unless the institution is receiving a grant under section 21; (D) a development, credit, or finance corporation chartered by a State, if the corporation certifies that grant funds received under this section will not be commingled with other funds; or (E) any combination of entities listed in subparagraphs (A) through (D). (3) Program The term Program means the Women's Business Center Program established under subsection (b). (4) Relevant organizations The term relevant organizations means— (A) organizations that advocate for or work with women entrepreneurs, women's business ownership, or women's business centers; and (B) other organizations as the Administrator determines appropriate. (5) Resource partners The term resource partners means small business development centers, chapters of the Service Corps of Retired Executives established under section 8(b)(1)(B), and Veteran Business Outreach Centers described in section 32. (6) Women's business center The term women's business center means the location at which counseling and training on the management, operations (including manufacturing, services, and retail), access to capital, international trade, government procurement opportunities, and any other matter that is needed to start, maintain, or expand a small business concern owned and controlled by women. (7) Women's Business Center Organization The term Women's Business Center Organization means a membership organization formed by women's business centers to pursue matters of common concern. (b) Authority (1) Establishment There is established a Women's Business Center Program under which the Administrator may enter into a cooperative agreement with an eligible entity to provide a grant to the eligible entity to operate 1 or more women's business centers for the benefit of small business concerns owned and controlled by women. (2) Use of funds A women's business center established using funds made available under this section shall be designed to provide entrepreneurial counseling and training that meets the needs of the small business concerns owned and controlled by women, especially concerns owned and controlled by women who are both socially and economically disadvantaged, as defined in section 8(a), and shall provide— (A) financial assistance, including counseling and training on how to— (i) apply for and secure business credit and investment capital; (ii) prepare and present financial statements; and (iii) manage cash flow and other financial operations of a small business concern; (B) management assistance, including counseling and training on how to plan, organize, staff, direct, and control each major activity and function of a small business concern; (C) marketing assistance, including counseling and training on how to— (i) identify and segment domestic and international market opportunities; (ii) prepare and execute marketing plans; (iii) develop pricing strategies; (iv) locate contract opportunities; (v) negotiate contracts; and (vi) use various public relations and advertising techniques; and (D) other services, as needed, in order to meet the changing and evolving needs of the small business community. (3) Types of grants (A) Initial grant The amount of an initial grant, which shall be for a 5-year term, provided under this section to an eligible entity shall be not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation). (B) Continuation grants (i) In general The Administrator may award a continuation grant, which shall be for a 5-year term, of not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation) to an eligible entity that received an initial grant under subparagraph (A). (ii) No limitation There shall be no limitation on the number of continuation grants an eligible entity may receive under this section. (c) Application (1) Initial grants and continuation grants To receive an initial grant or continuation grant under this section, an eligible entity shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may require, including— (A) a certification that the eligible entity— (i) has designated an executive director or program manager, who may be compensated using grant funds awarded under this section or other sources, to manage each women's business center for which a grant under subsection (b) is sought; and (ii) meets accounting and reporting requirements established by the Director of the Office of Management and Budget; (B) information demonstrating the experience and effectiveness of the eligible entity in— (i) providing entrepreneurial counseling and training described in subsection (b)(2); (ii) providing training and services to a representative number of women who are both socially and economically disadvantaged; and (iii) working with resource partners, offices of the Administration, and other public and private entities engaging in entrepreneurial and small business development; and (C) a 5-year plan that— (i) includes information relating to the assistance to be provided by each women's business center in the area in which each center is located; (ii) describes the ability of the eligible entity to meet the needs of the market to be served by each women's business center; (iii) describes the ability of the eligible entity to obtain the matching funds required under subsection (e); and (iv) describes the ability of the eligible entity to provide entrepreneurial counseling and training described in subsection (b)(2), including to a representative number of women who are both socially and economically disadvantaged. (2) Record retention (A) In general The Administrator shall maintain a copy of each application submitted under this subsection for not less than 5 years. (B) Paperwork reduction The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out subparagraph (A). (d) Selection of eligible entities (1) In general In selecting recipients of initial grants under this section, the Administrator shall consider— (A) the experience of the applicant in providing entrepreneurial counseling and training; (B) the amount of time needed for the applicant to commence operation of a women's business center; (C) the capacity of the applicant to meet the accreditation standards established under subsection (j)(4) in a timely manner and the likelihood that the recipient will become accredited; (D) the ability of the applicant to sustain operations, including the applicant’s ability to obtain matching funds under subsection (e), for a 5-year period; (E) the proposed location of a women's business center to be operated by the applicant and the location’s proximity to Veteran Business Outreach Centers described in section 32 and to recipients of grants under section 8(b)(1) or 21; (F) the counsel of a Women's Business Center Organization or another relevant organization on the level of unmet need in the area where the women's business center is to be located; and (G) whether the applicant has received trainings conducted by, utilized services provided by, or engaged with a Women's Business Center Organization or another relevant organization in the preparation of the application. (2) Selection criteria (A) Rulemaking The Administrator shall issue regulations to specify the criteria for review and selection of applicants under this subsection. (B) Effect of regulations at time of application Unless otherwise required by an Act of Congress or an order of a Federal court, any application for an opportunity to award a grant under this section shall be governed by the regulations issued pursuant to subparagraph (A) that are in effect at the time of the public announcement of such opportunity made by the Administrator pursuant to subsection (k)(1). (C) Rule of construction Nothing in this paragraph may be construed as prohibiting the Administrator from modifying the regulations issued pursuant to subparagraph (A) as the regulations apply to an opportunity to be awarded a grant under this section that the Administrator has not yet publicly announced pursuant to subsection (k)(1). (e) Matching requirements (1) In general Subject to paragraph (5), upon approval of an application submitted by an eligible entity under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources— (A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and (B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. (2) Form of matching funds Not more than one-half of non-Federal matching funds described in paragraph (1) may be in the form of in-kind contributions that are budget line items only, including office equipment and office space. (3) Solicitation Notwithstanding any other provision of law, an eligible entity may— (A) solicit cash and in-kind contributions from private individuals and entities to be used to operate a women's business center; and (B) use amounts made available by the Administrator under this section for the cost of solicitation and management of the contributions received, subject to the limitations set by the Administrator. (4) Disbursement of funds The Administrator may disburse an amount not greater than 25 percent of the total amount of a grant awarded to an eligible entity before the eligible entity obtains the matching funds described in paragraph (1). (5) Failure to obtain matching funds (A) In general If an eligible entity fails to obtain the required matching funds described in paragraph (1), the eligible entity may not be eligible to receive advance disbursements pursuant to paragraph (4) during the remainder of the term, if applicable, of an initial grant awarded under this section. (B) Continuation grant Before approving an eligible entity for a continuation grant under this section, the Administrator shall make a written determination, including the reasons for the determination, of whether the Administrator believes that the eligible entity will be able to obtain the requisite matching funding under paragraph (1) for the continuation grant. (6) Waiver of non-Federal share (A) In general Upon request by an eligible entity and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain matching funds under paragraph (1) for a grant awarded under this section for the eligible entity for a 1-year term of the grant. (B) Considerations In determining whether to issue a waiver under this paragraph, the Administrator shall consider— (i) the economic conditions affecting the eligible entity; (ii) the demonstrated ability of the eligible entity to raise non-Federal funds; and (iii) the performance of the eligible entity under the initial grant. (C) Limitation The Administrator may not issue a waiver under this paragraph if the Administrator determines that granting the waiver would undermine the credibility of the Program. (7) Excess non-Federal dollars The amount of non-Federal dollars obtained by an eligible entity that is greater than the amount that is required to be obtained by the eligible entity under this subsection shall not be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto, if the amount of non-Federal dollars— (A) is not used as matching funds for purposes of implementing the Program; and (B) was not obtained by using funds granted under the Program. (8) Carryover An eligible entity may use excess non-Federal dollars described in paragraph (7) to satisfy the matching funds requirement under paragraph (1) for the subsequent 1-year grant term, if applicable, except that the amounts shall be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto. (f) Other requirements (1) Separation of funds An eligible entity shall— (A) operate a women's business center under this section separately from other projects, if any, of the eligible entity; and (B) separately maintain and account for any grant funds received under this section. (2) Examination of eligible entities (A) Required site visit Before receiving an initial grant under this section, each applicant shall have a site visit by an employee of the Administration in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided. (B) Annual review An employee of the Administration shall— (i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and (ii) provide the results of the examination to the eligible entity. (3) Remediation of problems (A) Plan of action If an examination of an eligible entity conducted under paragraph (2)(B) identifies any problems, the eligible entity shall, not later than 45 calendar days after receiving a copy of the results of the examination, provide the Assistant Administrator with a plan of action, including specific milestones, for correcting those problems. (B) Plan of action review by the Assistant Administrator Not later than 30 days after receipt of the plan of action, the Assistant Administrator shall review the plan of action submitted under subparagraph (A), and if the Assistant Administrator determines that the plan— (i) will bring the eligible entity into compliance with all the terms of a cooperative agreement described in subsection (b), the Assistant Administrator shall approve the plan; or (ii) is inadequate to remedy the problems identified in the annual examination to which the plan of action relates, the Assistant Administrator shall set forth the reasons in writing and provide the determination to the eligible entity not later than 15 calendar days after the date of determination. (C) Amendment to plan of action An eligible entity receiving a determination under subparagraph (B)(ii) shall have 30 calendar days from the receipt of the determination to amend the plan of action to satisfy the problems identified by the Assistant Administrator and resubmit the plan to the Assistant Administrator. (D) Amended plan review by the Assistant Administrator Not later than 15 calendar days after receipt of an amended plan of action under subparagraph (C), the Assistant Administrator shall approve or reject the plan and provide the approval or rejection in writing to the eligible entity. (E) Appeal of Assistant Administrator determination (i) In general If the Assistant Administrator rejects an amended plan of action under subparagraph (D), the eligible entity shall have the opportunity to appeal the decision to the Administrator, who may delegate the appeal to an appropriate officer of the Administration. (ii) Opportunity for explanation Any appeal described in clause (i) shall provide an opportunity for the eligible entity to provide, in writing, an explanation of why the amended plan of action of the eligible entity remedies the problems identified in the annual examination conducted under paragraph (2)(B). (iii) Notice of determination The Administrator shall provide to the eligible entity a determination of the appeal, in writing, not later than 15 calendar days after the eligible entity files an appeal under this subparagraph. (iv) Effect of failure to act If the Administrator fails to act on an appeal made under this subparagraph within the 15-day period specified under clause (iii), the amended plan of action of the eligible entity submitted under subparagraph (C) shall be deemed to be approved. (4) Termination of grant (A) In general The Administrator shall terminate a grant to an eligible entity under this section if the eligible entity fails to comply with— (i) a plan of action approved by the Assistant Administrator under paragraph (3)(B)(i); or (ii) an amended plan of action approved by the Assistant Administrator under paragraph (3)(D) or approved on appeal under paragraph (3)(E). (B) Appeal of termination An eligible entity shall have the opportunity to challenge the termination of a grant under subparagraph (A) on the record and after an opportunity for a hearing. (C) Final agency action A determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 of title 5, United States Code. (5) Engagement with majority Women's Business Center Organization, women's business centers, and other relevant organizations If, on the date of enactment of the Women's Business Centers Improvement Act of 2022, a majority of women's business centers that are operating pursuant to agreements with the Administration are members of an individual Women's Business Center Organization, the Administrator shall— (A) recognize the existence and activities of the Organization; and (B) consult with the Organization, and to the extent practicable, women's business centers and other relevant organizations, on the development of documents with respect to— (i) announcing the annual scope of activities pursuant to this section; (ii) requesting proposals to deliver assistance as provided in this section; and (iii) the governance, general operations, and administration of the Program, including general best practices in the operation of the Program and the development of regulations and financial examinations under that Program. (6) Enforcement (A) Grants The Assistant Administrator shall develop policies and procedures to minimize the possibility of awarding a grant to an eligible entity that will operate a women's business center that likely will not remain in compliance with program and financial requirements. (B) Individual cooperative agreements The Assistant Administrator shall enforce the terms of any individual cooperative agreement described in paragraph (5)(B)(iii). (g) Program examination (1) In general The Administration shall— (A) develop and implement an annual programmatic and financial examination of each eligible entity receiving a grant under this section, under which each eligible entity shall provide to the Administration— (i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and (ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the requirements of subsection (e) and, with respect to any in-kind contributions described in subsection (e)(2) that were used to satisfy the requirements of subsection (e), verification of the existence and valuation of those contributions; and (B) analyze the results of each examination and, based on that analysis, make a determination regarding the programmatic and financial viability of each women's business center operated by the eligible entity. (2) Conditions for continued funding In determining whether to award a continuation grant to an eligible entity, the Administrator shall— (A) consider the results of the most recent examination of the eligible entity under paragraph (1); (B) determine if— (i) the eligible entity has failed to provide, or provided inadequate, information under paragraph (1)(A); or (ii) the eligible entity has failed to provide any information required to be provided by a women's business center for purposes of the management report under subsection (l)(1), or the information provided by the center is inadequate; and (C) consider the accreditation status as described in subsection (j)(4). (h) Contract authority (1) Eligible entity An eligible entity that receives a grant under this section may enter into a contract with a Federal department or agency to provide specific assistance to small business concerns owned and controlled by women and other underserved small business concerns, if performance of that contract does not hinder the ability of the eligible entity to carry out the terms of a grant received under this section. (2) Administrator (A) In general The authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. (B) Adverse contract action After the Administrator has entered into a contract, either as a grant or a cooperative agreement, with any applicant under this section, the Administrator shall not suspend, terminate, or fail to renew or extend the contract unless the Administrator provides the applicant with written notification setting forth the reasons therefore and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. (i) Privacy requirements (1) In general A women's business center may not disclose the name, address, email address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of that individual or small business concern, unless— (A) the Administrator orders the disclosure after the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers a disclosure to be necessary for the purpose of conducting a financial audit of a women's business center, except that the disclosure shall be limited to the information necessary for the audit. (2) Administration use of information This subsection shall not— (A) restrict the access of the Administration to women's business center data; or (B) prevent the Administration from using information about individuals who use women's business centers to conduct surveys of those individuals. (3) Regulations The Administrator shall issue regulations to establish standards for disclosures for purposes of a financial audit described in paragraph (1)(B). (j) Office of Women's Business Ownership (1) Establishment There is established within the Administration an Office of Women's Business Ownership, which shall be— (A) responsible for the administration of the Administration’s programs for the development of women's business enterprises, as defined in section 408 of the Women's Business Ownership Act of 1988 ( 15 U.S.C. 7108 ); and (B) administered by an Assistant Administrator, who shall be appointed by the Administrator. (2) Assistant Administrator of the Office of Women's Business Ownership (A) Qualification The position of Assistant Administrator of the Office of Women's Business Ownership shall be— (i) a Senior Executive Service position under section 3132(a)(2) of title 5, United States Code; and (ii) a noncareer appointee, as defined in section 3132(a)(7) of that title. (B) Duties The Assistant Administrator shall administer the programs and services of the Office of Women's Business Ownership and perform the following functions: (i) Recommend the annual administrative and program budgets of the Office of Women's Business Ownership and eligible entities receiving a grant under the Program. (ii) Review the annual budgets submitted by each eligible entity receiving a grant under the Program. (iii) Collaborate with other Federal departments and agencies, State and local governments, nonprofit organizations, and for-profit organizations to maximize utilization of taxpayer dollars and reduce or eliminate any duplication among the programs overseen by the Office of Women's Business Ownership and those of other entities that provide similar services to women entrepreneurs. (iv) Maintain a clearinghouse to provide for the dissemination and exchange of information between women's business centers. (v) Serve as the vice chairperson of the Interagency Committee on Women's Business Enterprise and as the liaison for the National Women's Business Council. (3) Mission The mission of the Office of Women's Business Ownership shall be to assist women entrepreneurs to start, grow, and compete in global markets by providing quality support with access to capital, access to markets, job creation, growth, and counseling by— (A) fostering participation of women entrepreneurs in the economy by overseeing a network of women's business centers throughout the United States; (B) creating public-private partnerships to support women entrepreneurs and conduct outreach and education to small business concerns owned and controlled by women; and (C) working with other programs of the Administration to— (i) ensure women are well-represented in those programs and being served by those programs; and (ii) identify gaps where participation by women in those programs could be increased. (4) Accreditation program (A) Establishment Not later than 270 days after the date of enactment of the Women's Business Centers Improvement Act of 2022, the Administrator shall publish standards for a program to accredit eligible entities that receive a grant under this section. (B) Public comment; transition Before publishing the standards under subparagraph (A), the Administrator— (i) shall provide a period of not less than 60 days for public comment on the standards; and (ii) may not terminate a grant under this section absent evidence of fraud or other criminal misconduct by the recipient. (C) Contracting authority The Administrator may provide financial support, by contract or otherwise, to a Women's Business Center Organization to provide assistance in establishing the standards required under subparagraph (A) or for carrying out an accreditation program pursuant to those standards. (5) Continuation grant considerations (A) In general In determining whether to award a continuation grant under this section, the Administrator shall consider the results of the annual programmatic and financial examination conducted under subsection (g) and the accreditation program under paragraph (4). (B) Accreditation requirement On and after the date that is 2 years after the date of enactment of the Women's Business Centers Improvement Act of 2022, the Administration may not award a continuation grant under this section unless the applicable eligible entity has been approved under the accreditation program conducted pursuant to paragraph (4), except that the Assistant Administrator for the Office of Women's Business Ownership may waive the accreditation requirement, in the discretion of the Assistant Administrator, upon a showing that the eligible entity is making a good faith effort to obtain accreditation. (6) Annual conference (A) In general Each women's business center shall participate in annual professional development at an annual conference facilitated by the Administrator. (B) Collaboration The Administrator shall collaborate with 1 or more Women's Business Center Organizations, women's business centers, or other relevant organizations in carrying out the responsibilities of the Administrator under subparagraph (A). (k) Notification requirements under the Program The Administrator shall provide the following: (1) A public announcement of any opportunity to be awarded grants under this section, to include the selection criteria under subsection (d) and any applicable regulations. (2) To any applicant for a grant under this section that failed to obtain a grant, an opportunity to debrief with the Administrator to review the reasons for the failure of the applicant. (3) To an eligible entity that receives an initial grant under this section, if a site visit or review of the eligible entity is carried out by an officer or employee of the Administration (other than the Inspector General), a copy of the site visit report or evaluation, as applicable, not later than 30 calendar days after the completion of the visit or evaluation. (l) Annual management report (1) In general The Administrator shall prepare and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report on the effectiveness of women's business centers operated through a grant awarded under this section. (2) Information for report Each women's business center shall, annually and upon request, provide the Administrator with sufficient information to complete the report required under paragraph (1), including the information described in paragraph (3). (3) Contents Each report submitted under paragraph (1) shall summarize— (A) information concerning, with respect to each women's business center established pursuant to a grant awarded under this section, the most recent analysis of the annual programmatic and financial examination of the applicable eligible entity, as required under subsection (g)(1)(B), and the subsequent determination made by the Administration under that subsection; (B) the total number of individuals and the number of unique individuals counseled or trained through the Program; (C) the total number of hours of counseling and training services provided through the Program; (D) to the extent practicable, the demographics of Program participants to include the gender, race, ethnicity, and age of each participant; (E) the number of Program participants who are veterans; (F) the number of new businesses started by participants in the Program; (G) to the extent practicable, the number of jobs supported, created, or retained with assistance from women's business centers; (H) the total amount of capital secured by participants in the Program, including through loans and equity investment of the Administration; (I) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (J) an estimate of gross receipts, including to the extent practicable a description of any change in revenue of small business concerns assisted through the Program; (K) the number of referrals of individuals to other resources and programs of the Administration; (L) the results of satisfaction surveys of participants, including a summary of any comments received from those participants; and (M) any recommendations by the Administrator to improve the delivery of services by women's business centers. (m) Authorization of appropriations (1) In general There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $31,500,000 for each of fiscal years 2023 through 2026. (2) Use of amounts (A) In general Except as provided in subparagraph (B), amounts made available under this subsection for fiscal year 2023, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section. (B) Exceptions Of the amount made available under this subsection for a fiscal year, for the fiscal year beginning after the date of enactment of the Women's Business Centers Improvement Act of 2022 and each fiscal year thereafter through fiscal year 2026, 2.6 percent shall be available for costs incurred by the Administration in connection with the management and administration of the program under this section. (C) Accreditation and annual conference Of the amounts made available in any fiscal year to carry out this section, not more than $250,000 may be used by the Administration to pay for expenses related to carrying out paragraphs (4) and (6) of subsection (j). (3) Expedited acquisition Notwithstanding any other provision of law, the Administrator may use expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business concerns are provided a reasonable opportunity to submit proposals. . 103. Effect on existing grants (a) Terms and conditions A nonprofit organization receiving a grant under section 29(m) of the Small Business Act ( 15 U.S.C. 656(m) ), as in effect on the day before the date of enactment of this Act, shall continue to receive the grant under the terms and conditions in effect for the grant on the day before the date of enactment of this Act, except that the nonprofit organization may not apply for a continuation of the grant under section 29(m)(5) of the Small Business Act ( 15 U.S.C. 656(m)(5) ), as in effect on the day before the date of enactment of this Act. (b) Length of continuation grant The Administrator may award a grant under section 29 of the Small Business Act ( 15 U.S.C. 656 ), as amended by this title, to a nonprofit organization receiving a grant under section (m) of such section 29, as in effect on the day before the date of enactment of this Act, for the period— (1) beginning on the day after the last day of the grant agreement under such section 29(m); and (2) ending at the end of the third fiscal year beginning after the date of enactment of this Act. 104. Regulations Not later than 270 days after the date of enactment of this Act, the Administrator shall issue rules as are necessary to carry out section 29 of the Small Business Act ( 15 U.S.C. 656 ), as amended by this title, and ensure that a period of public comment for those rules is not less than 60 days. II Small Business Development Centers Improvement Act of 2022 201. Short title This title may be cited as the Small Business Development Centers Improvement Act of 2022 . 202. 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. . 203. 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. . 204. Data collection working group (a) Establishment of working group To improve data collection The Administrator 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 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 appropriate committees of Congress 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 established under section 21 of the Small Business Act ( 15 U.S.C. 648 ); and (2) a proposed plan for the Administrator to implement the recommendations described in paragraph (1). 205. 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. . 206. 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: (v) Use of amounts 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). . 207. 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 . 208. 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 203 of this title, 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. 656 ) from receiving a subgrant from an entity receiving a grant under section 21 of the Small Business Act ( 15 U.S.C. 648 ). 209. 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 . 210. 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. . 211. 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. . 212. Determination of budgetary effects The budgetary effects of this title, 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. III SCORE for Small Business Act of 2022 301. Short title This title may be cited as the SCORE for Small Business Act of 2022 . 302. 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 the 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. . 303. 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. . 304. Reporting requirements (a) Definitions In this section, 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 305 of this title. (b) 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 appropriate committees of Congress 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. (c) Administrator report on leased space Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report containing an assessment of the cost of leased space that is donated to the SCORE Association. (d) 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 appropriate committees of Congress 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 302 of this title, 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. 305. 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(d)(1)(E) ( 15 U.S.C. 631 note), 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 . IV Federal Contracting Fairness Act of 2022 401. Short title This title may be cited as the Federal Contracting Fairness Act of 2022 . 402. Findings Congress finds the following: (1) There remain disparities in education, employment, and business history, which includes unequal contracting opportunities, unequal access to credit or capital, and acquisition of credit or capital under commercially unfavorable circumstances, between individuals defined as socially and economically disadvantaged under the Small Business Act ( 15 U.S.C. 631 et seq. ) and other individuals. (2) The following statistics reiterate the disparities described in paragraph (1): (A) Of the 16,300,000 students enrolled in 4-year undergraduate university in the fall of 2016, 9,100,000 were White, 3,200,000 were Hispanic, 2,200,000 were Black, and 1,100,000 million were Asian. In 2018, 41 percent of all 18- to 24-year-olds were enrolled in college. However, 37 percent of Black 18- to 24-year-olds and 26 percent of Hispanic 18- to 24-year-olds were enrolled in college. Additionally, in 2019, 29 percent of Black adults had a bachelor's degree or higher, 21 percent of Latino or Hispanic adults had a bachelor's degree or higher, and 22 percent of Pacific Islander adults had a bachelor's degree or higher, as compared to 45 percent of White adults. (B) In 2020, 24 percent of Black employees and 24 percent of Hispanic employees report having been discriminated against at work, compared to 15 percent of White employees reporting discrimination at work. In the first quarter of 2022, the unemployment rate in the United States among White workers was 3.6 percent compared to 6.8 percent among Black workers and 4.9 percent among Hispanic workers. (C) With regards to contracting, in 2021, 2.78 percent of Federal contracts were awarded to Asian-owned small businesses, 1.67 percent went to Black-owned small businesses, 1.78 percent went to Hispanic-owned small businesses, and 2.69 percent went to Native American-owned small businesses compared to 15.64 percent of Federal contracts awarded to White-owned small businesses. In total, 9.4 percent of contracting dollars went to minority-owned businesses when 19 percent of United States employer businesses are minority-owned. (D) In terms of access to capital, in 2021, 15 percent of Asian-owned small businesses received all the financing they sought, 16 percent of Black-owned small businesses received all the non-emergency financing they sought, and 19 percent of Hispanic-owned small businesses received all the non-emergency financing they sought, as compared to 35 percent of White-owned small businesses. (3) Given these disparities, the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) remains a vital part in increasing access to Federal contracting opportunities for business owners considered socially and economically disadvantaged, as defined in such Act, and is a critical business development program for ensuring these individuals can start and grow their businesses to compete for Federal contracts. 403. Definitions In this title, the terms qualified HUBZone small business concern , small business concern owned and controlled by service-disabled veterans , and small business concern owned and controlled by women have the meanings given those terms in section 3 of the Small Business Act ( 15 U.S.C. 632 ). 404. Duration of participation; ramp-up period; transition period (a) Extension of program participation period Section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) ) is amended— (1) in the matter preceding subparagraph (A), by striking nine years and inserting 10 years ; (2) in subparagraph (A), by striking four years and inserting 5 years ; and (3) in subparagraph (B), by striking five years and inserting 5 years . (b) Ramp-up period (1) Definition In this subsection, the term covered small business concern means a small business concern that, as of the date of enactment of this Act— (A) is in the first 3 years as a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); (B) is an individually owned entity; and (C) has not been awarded a contract under such section 8(a), excluding contracts that meet the simplified acquisition threshold described in section 134 of title 41, United States Code. (2) Election (A) In general Subject to subparagraph (B), a covered small business concern may elect at the time of certification to begin the 10-year program participation period under section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) ), as amended by subsection (a), on the earlier of— (i) the date on which the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); or (ii) 3 years after the date on which the covered small business concern was certified to participate in the program established under such section 8(a). (B) Limitation Notwithstanding subparagraph (A), the program participation period for a covered small business concern under section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) ) shall not exceed 13 years. (3) Training (A) In general Except as provided in subparagraph (B), if a covered small business concern makes an election under paragraph (2), the covered small business concern shall— (i) participate in 12 hours per year of marketing, business development training, and engagement to show intent in building capacity to participate in the Federal contracting market, which shall be satisfied through training provided by the Administration, the Minority Business Development Agency, resource partners of the Administration, Procurement Technical Assistance Centers, or national organizations with expertise in Federal contracting or that provide contracting certifications; and (ii) log the progress of the covered small business concern on the training carried out under clause (i) in the annual review submitted by the covered small business concern. (B) Exception (i) In general The requirements under subparagraph (A)(i) shall be waived for a covered small business concern if, before reaching 36 hours of training under subparagraph (A)(i), the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ). (ii) Requirement to log Notwithstanding clause (i), a covered small business concern that receives a waiver under clause (i) is required to log the training in which the small business concern participates under subparagraph (A) in accordance with clause (ii) of such subparagraph. (c) Transition period (1) Definitions In this subsection— (A) the term covered small business concern means a small business concern that is in the final 3 years of participation in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); and (B) the term economically disadvantaged individual means an individual described in section 8(a)(6)(A) of the Small Business Act ( 15 U.S.C. 637(a)(6)(A) ). (2) Increased amounts The Administrator may permit the owner of a covered small business concern to have an adjusted gross income and personal net worth that is not more than 3 times higher than the amount allowed for the covered small business program under the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ), and continue to be considered economically disadvantaged for the purposes of that program, if the owner demonstrates— (A) an investment in the covered small business concern to continue to compete in the Federal contracting market, such as investment in company infrastructure; (B) a plan for how the covered small business concern is being prepared to compete for Federal contracts after exiting the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); and (C) any other metrics as determined by the Administrator. 405. Administrative requirements for 8( a ) firms Not later than 90 days after the date of enactment of this Act, the Administrator shall issue or revise regulations to— (1) make the review process for small business concerns already certified under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) less burdensome by modifying the annual review of each such small business concern, including by— (A) providing that, with respect to such an annual review, each such small business concern— (i) shall submit to the Administrator a new business plan, including a contract forecast, a transitional management plan, and an annual performance of contracts, and a business capture strategy approach only if the plan or approach, as applicable, has changed, as compared with the previous year; and (ii) may indicate to the Administrator that there has been no change to the business plan or business capture strategy approach described in clause (i) during the previous year; and (B) making such other reductions in the number of forms and documents submitted by each such small business concern that the Administrator determines necessary, while still ensuring that each such small business concern maintains good standing with respect to the program carried out under such section 8(a); (2) determine a new process for how the Administrator processes the annual review of each such small business concern that, at a minimum, requires the Administrator to conduct a review, which shall be expedited, of the small business concern when the small business concern is awarded a contract under such section 8(a); and (3) coordinate with the General Services Administration to streamline the Past Performance Questionnaire form for small business concerns and Federal agencies participating in the programs established under sections 8(a), 8(m), 31, and 36 of the Small Business Act ( 15 U.S.C. 637(a) , 637(m), 657a, 657f). 406. SBA representation on the Federal Acquisition Regulation Council Section 1302(b) of title 41, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) the Administrator of the Small Business Administration. ; and (2) in paragraph (2)(A), by striking subparagraphs (B) to (D) and inserting subparagraphs (B) through (E) . 407. Office of Small and Disadvantaged Business Utilization; Director Section 15(k)(3) of the Small Business Act ( 15 U.S.C. 644(k)(3) ) is amended by inserting be at a level that is not less senior than the Under Secretary of Defense for Policy or the Under Secretary of Defense for Acquisition and Sustainment, after appraisals), . 408. Sole source thresholds The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) in section 8 ( 15 U.S.C. 637 )— (A) in subsection (a)(1)(D)(i), by striking subclause (II) and inserting the following: (II) the anticipated award price of the contract (including options and options periods) will exceed— (aa) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development, except that such amount shall be $14,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; (bb) $14,000,000 (or $16,000,000, if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45) in the case of a contract opportunity described in item (aa), if the small business concern subcontracts with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ), for which the limitations on subcontracting under section 46 shall not apply; (cc) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing, except that such amount shall be $16,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; or (dd) $10,000,000 in the case of any other contract opportunity, except that such amount shall be $12,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45. ; and (B) in subsection (m)— (i) in paragraph (7)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; and (ii) in paragraph (8)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; (2) in section 31(c)(2)(A)(ii) ( 15 U.S.C. 657a(c)(2)(A)(ii) ), by striking subclauses (I) and (II) and inserting the following: (I) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (II) $14,000,000 in the case of a contract opportunity described in item (aa), if the qualified HUBZone small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (III) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (IV) $10,000,000 in the case of any other contract opportunity; and ; and (3) in section 36(c)(2) ( 15 U.S.C. 657f(c)(2) ), by striking subparagraphs (A) and (B) and inserting the following: (A) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (B) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (C) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (D) $10,000,000 in the case of any other contract opportunity; and . 409. Mentor-protege program (a) Removal of restriction on number of mentors (1) In general Section 45(b)(3)(A) of the Small Business Act ( 15 U.S.C. 657r(b)(3)(A) ) is amended by striking , including any restrictions and all that follows through the end of the subparagraph and inserting a period. (2) Regulations The Administrator shall issue regulations to provide that there is no restriction on the number of mentors under section 45 of the Small Business Act ( 15 U.S.C. 657r ) that a small business concern participating in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) may have while participating in the program, if the mentor-protege relationships do not conflict or compete with each other. (b) Database The Administrator shall create an online centralized database for mentors and proteges (as defined in section 45 of the Small Business Act ( 15 U.S.C. 657r )) to foster connection and support business development between the 2 groups. (c) Streamlined process The Administrator shall issue regulations to streamline the process for applying to the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r ). 410. Certification process (a) Regulations Not later than 1 year after the date of enactment of this Act, the Administrator shall issue regulations to streamline the certification process for small business concerns seeking to become certified as— (1) a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); (2) a small business concern owned and controlled by women; (3) a qualified HUBZone small business concern; or (4) a small business concern owned and controlled by service-disabled veterans. (b) Report Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that outlines how the Administrator plans to streamline the certification process described in subsection (a). 411. Repeal of bonafide office rule Section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) is amended by repealing paragraph (11). 412. Reports (a) Demographic data Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall— (1) make publicly available on the website of the Administration— (A) disaggregated data on the size and number of contracts in total by the Federal Government and by each Federal agency to small business concerns by demographics, including, at a minimum, the gender, race, and ethnicity categories published by the Administration in the disaggregated Federal contracting data in December 2021, and the size of the small business concern; and (B) data on the number of small business concerns owned and controlled by disabled individuals that are participating in the program established under section 8(a); and (2) with consultation with the Administrator of General Services, include on SAM.gov the ability for small business concerns to report the data described in paragraph (1)(B). (b) Review of size standards Not later than 180 days after the date of enactment of this Act, the Administrator shall conduct a review of and submit to Congress a report on the size standards applicable to participants in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ), and outline ways in which the Administration can modify size standards to allow program participants to grow and continue to exist after exiting the program. (c) Ability To obtain set-Aside and sole source contracts Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on— (1) the ability of small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) that are not owned by Alaska Native Corporations or Native Hawaiian Organizations to compete for and successfully obtain set-aside contracts, including by reporting data comparing the distribution of awarded set-aside contracts among— (A) small business concerns participating in that program that are not owned by Alaska Native Corporations or Native Hawaiian Organizations; and (B) small business concerns participating in that program that are owned by Alaska Native Corporations or Native Hawaiian Organizations; and (2) the best sole source thresholds to enable small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) to secure available sole source contracts. (d) Changes to 8( a ) program Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on a plan to implement the changes to the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) required under this title and the amendments made by this title. 413. Authorization of appropriations There is authorized to be appropriated to the Administration— (1) for fiscal year 2023 and every fiscal year thereafter— (A) $20,000,000 to increase the number of procurement center representatives under section 15(l) of the Small Business Act ( 15 U.S.C. 644(l) ) and commercial marketing representatives, of which $2,000,000 of those amounts shall be used to provide those individuals with increased training on the process to be awarded a sole-source contract; (B) $20,000,000 to increase the number of district office business specialists available under the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); (C) $5,000,000 for costs related to certifying small business concerns as small business concerns owned and controlled by women; and (D) $400,000 for costs related to processing applications to participate in the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r ); and (2) for fiscal year 2023, to remain available until expended, $2,500,000 to replace the dynamic small business search database of the Administration. V Community Advantage Loan Program Permanency Act of 2022 501. Short title This title may be cited as the Community Advantage Loan Program Permanency Act of 2022 . 502. Findings Congress finds that— (1) capital access remains one of the largest barriers to overcome for socially and economically disadvantaged business owners as well as for the smallest small businesses; (2) according to the Double Jeopardy: COVID–19’s Concentrated Health and Wealth Effects in Black Communities study conducted by the Federal Reserve banks, in 2020— (A) firms owned by people of color are more likely to have weak capitalizations, limited bank relationships, and little in cash reserves; and (B) 51 percent of Black-owned businesses have less than 3 months of cash reserves in case of an emergency, which is nearly 7 percentage points higher than their peers; (3) according to the Small Business Credit Survey conducted by the Federal Reserve banks, in 2021— (A) 31 percent of firms that sought financing received the full financing sought by the firm; (B) firms owned by people of color were least likely to receive the full amount of financing sought by the firm, with 15 percent of Asian-owned businesses, 16 percent of Black-owned businesses, and 19 percent of Hispanic-owned businesses receiving full financing, as opposed to 35 percent of non-Hispanic White-owned businesses receiving full financing; and (C) firms with fewer employees were also least likely to receive the full financing sought by the firm, with 23 percent of businesses with 1 to 4 employees and 37 percent of businesses with 5 to 49 employees receiving full financing, as opposed to 55 percent of businesses with 50 to 499 employees receiving full financing; (4) the Community Advantage Pilot Program of the Administration has helped increase lending backed by the Administration to firms owned by people of color, women, and veterans and firms classified as startups; (5) from fiscal year 2018 to fiscal year 2022— (A) 13 percent of loans under the Community Advantage Pilot Program went to Black business owners, while 4 percent of loans under the loan program under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) (in this section referred to as the 7(a) loan program ) went to Black business owners; (B) 15 percent of loans under the Community Advantage Pilot Program went to Hispanic business owners, while 8 percent of loans under the 7(a) loan program went to Hispanic business owners; (C) 20 percent of loans under the Community Advantage Pilot Program went to women business owners, while 17 percent of loans under the 7(a) loan program went to women business owners; and (D) 9 percent of loans under the Community Advantage Pilot Program went to veteran business owners, while 5 percent of loans under the 7(a) loan program went to veteran business owners; and (6) from fiscal year 2020 to fiscal year 2021, 14 percent of loans under the Community Advantage Pilot Program went to startup business owners, while 7 percent of loans under the 7(a) loan program went to startup business owners. 503. Community Advantage Loan Program (a) In general Section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) is amended by adding at the end the following: (38) Community Advantage Loan Program (A) Purposes The purposes of the Community Advantage Loan Program are— (i) to create a mission-oriented loan guarantee program that builds on the demonstrated success of the Community Advantage Pilot Program of the Administration, as established in 2011, to reach more underserved small business concerns; (ii) to increase lending to small business concerns in underserved and rural markets, including veterans and members of the military community, socially and economically disadvantaged individuals, as described in paragraphs (5) and (6)(A) of section 8(a), respectively, women, and new businesses; (iii) to ensure that the program under this subsection expands inclusion and more broadly meets congressional intent to reach borrowers who are unable to get credit elsewhere on reasonable terms and conditions; (iv) to help underserved small business concerns become bankable by utilizing the small dollar financing and business support experience of mission-oriented lenders; (v) to allow certain mission-oriented lenders, primarily financial intermediaries focused on economic development in underserved markets, access to guarantees for loans under this subsection (in this paragraph referred to as 7(a) loans ) of not more than $350,000 and provide management and technical assistance to small business concerns as needed; (vi) to provide certainty for the lending partners that make loans under this subsection and to attract new lenders; (vii) to encourage collaboration between mission-oriented and conventional lenders under this subsection in order to support underserved small business concerns; and (viii) to assist covered institutions with providing business support services and technical assistance to small business concerns, when needed. (B) Definitions In this paragraph— (i) the term Community Advantage Network Partner — (I) means a nonprofit, mission-oriented organization that acts as a Referral Agent to covered institutions in order to expand the reach of the program to small businesses in underserved markets; and (II) does not include a covered institution making loans under the program; (ii) the term covered institution means an entity that— (I) is— (aa) a development company, as defined in section 103 of the Small Business Investment Act of 1958 ( 15 U.S.C. 662 ), participating in the 504 Loan Guaranty program established under title V of that Act ( 15 U.S.C. 695 et seq. ); (bb) a nonprofit intermediary, as defined in subsection (m)(11), participating in the microloan program under subsection (m); (cc) a non-federally regulated entity or a lending institution certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ); or (dd) an eligible intermediary, as defined in subsection (l)(1), participating in the Intermediary Lending Program established under subsection (l)(2); and (II) has approved and disbursed 10 similarly sized loans in the preceding 24-month period and is servicing not less than 10 similarly sized loans to small business concerns in the portfolio of the entity; (iii) the term existing business means a small business concern that has been in existence for not less than 2 years on the date on which a loan is made to the small business concern under the program; (iv) the term new business means a small business concern that has been in existence for not more than 2 years on the date on which a loan is made to the small business concern under the program; (v) the term program means the Community Advantage Loan Program established under subparagraph (C); (vi) the term Referral Agent has the meaning given the term in section 103.1(f) of title 13, Code of Federal Regulations, or any successor regulation; (vii) the term rural area means any county that the Bureau of the Census has defined as mostly rural or completely rural in the most recent decennial census; and (viii) the term small business concern in an underserved market means a small business concern— (I) that is located in— (aa) a low- to moderate-income community; (bb) a HUBZone, as that term is defined in section 31(b); (cc) a rural area; or (dd) any area for which a disaster declaration or determination described in subparagraph (A), (B), (C), or (E) of subsection (b)(2) has been made that has not terminated more than 2 years before the date (or later, as determined by the Administrator) on which a loan is made to the small business concern under the program, except that, in the case of a major disaster described in subsection (b)(2)(A), that period shall be 5 years; (II) for which more than 50 percent of the employees reside in a low- or moderate-income community; (III) that is a new business; (IV) owned and controlled by socially and economically disadvantaged individuals, as described in paragraphs (5) and (6)(A) of section 8(a), respectively, which the Administrator, in carrying out the program, shall presume includes Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities; (V) owned and controlled by women; (VI) owned and controlled by veterans or spouses of veterans; (VII) owned and controlled by a member of an Indian Tribe individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ); (VIII) owned and controlled by an individual who has completed a term of imprisonment in a Federal, State, or local jail or prison; (IX) owned and controlled by an individual with a disability, as that term is defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ); or (X) as otherwise determined by the Administrator. (C) Establishment There is established a Community Advantage Loan Program under which the Administration may guarantee loans made by covered institutions under this subsection, with an emphasis on loans made to small business concerns in underserved markets. (D) Program levels In fiscal year 2023 and each fiscal year thereafter, not more than 10 percent of the number of loans guaranteed under this subsection may be guaranteed under the program. (E) Grandfathering of existing lenders Any covered institution that actively participated in the Community Advantage Pilot Program of the Administration and is in good standing, as determined by the Administration, on the day before the date of enactment of this paragraph— (i) shall retain designation in the program; (ii) shall not be required to submit an application to participate in the program; and (iii) for the purpose of determining the loan loss reserve amount of the covered institution, shall have participation in the Community Advantage Pilot Program included in the calculation under subparagraph (J). (F) Requirement to make loans to underserved markets Not less than 70 percent of loans made by a covered institution under the program shall consist of loans made to small business concerns in underserved markets. (G) Maximum loan amount The maximum loan amount for a loan guaranteed under the program is $350,000. (H) Interest rates The maximum allowable interest rate prescribed by the Administration on any financing made on a deferred basis pursuant to the program shall not exceed the maximum allowable interest rate under sections 120.213 and 120.214 of title 13, Code of Federal Regulations, or any successor regulations. (I) Refinancing of Community Advantage program loans A loan guaranteed under the program or guaranteed under the Community Advantage Pilot Program of the Administration may be refinanced into another 7(a) loan made by lender that does not participate in the program. (J) Loan loss reserve requirements (i) Loan loss reserve account for covered institutions A covered institution— (I) with not more than 5 years of participation in the program shall maintain a loan loss reserve account with an amount equal to 5 percent of the outstanding amount of the unguaranteed portion of the loan portfolio of the covered institution under the program; and (II) with more than 5 years of participation in the program shall maintain a loan loss reserve account with an amount equal to the average repurchase rate of the covered institution over the preceding 36-month period. (ii) Additional loan loss reserve amount for selling loans on the secondary market In addition to the amount required in the loan loss reserve account under clause (i), a covered institution that sells a program loan on the secondary market shall be required to maintain the following additional amounts in the loan loss reserve account: (I) An amount equal to 2 percent of the guaranteed portion of each program loan sold on the secondary market for lenders with less than 5 years experience selling program loans on the secondary market. (II) An amount equal to the average repurchase rate for loans sold by the lender on the secondary market over the preceding 36 months for lenders with more than 5 years experience selling program loans on the secondary market. (iii) Recalculation The loan loss reserve required under clauses (i) and (ii) shall be recalculated on October 1 of each year. (K) Training The Administration— (i) shall provide accessible upfront and ongoing training for covered institutions making loans under the program to support program compliance and improve the interface between the covered institutions and the Administration, which shall include— (I) guidance for following the regulations of the Administration; and (II) guidance specific to mission-oriented lending that is intended to help lenders effectively reach and support underserved small business concerns, including management and technical assistance delivery; (ii) shall ensure that the training described in clause (i) is provided for free or at a low cost; (iii) may enter into a contract to provide the training described in clause (i) with an organization with expertise in lending under this subsection and primarily specializing in mission-oriented lending, and lending to underserved markets; and (iv) shall provide training for the employees and contractors of the Administration that regularly engage with covered institutions or borrowers in the program. (L) Community advantage outreach and education The Administrator— (i) shall develop and implement a program to promote to, conduct outreach to, and educate prospective covered institutions about the program, with a focus on women- and minority-owned covered institutions; and (ii) may enter into a contract with 1 or more nonprofit organizations experienced in working with and training mission-driven lenders to provide the outreach and education described in clause (i). (M) Community advantage network partner participation (i) In general A covered institution that uses a Community Advantage Network Partner shall abide by policies and procedures of the Administration concerning the use of Referral Agent fees permitted by the Administration and disclosure of those fees. (ii) Payment of fees Notwithstanding any other provision of law, all fees described in clause (i) shall be paid by the covered institution to the Community Advantage Network Partner upon disbursement of the applicable program loan. (N) Delegated authority A covered institution is not eligible to receive delegated authority from the Administration under the program until the covered institution has approved and fully disbursed not less than 10 loans under the program and the Administration had evaluated the ability of the covered institution to fulfill program requirements. (O) Reporting (i) Weekly reports (I) In general The Administration shall report on the website of the Administration, as part of the weekly reports on lending approvals under this subsection— (aa) on and after the date of enactment of this paragraph, the number and dollar amount of loans guaranteed under the Community Advantage Pilot Program of the Administration; and (bb) on and after the date on which the Administration begins to approve loans under the program, the number and dollar amount of loans guaranteed under the program. (II) Separate accounting The number and dollar amount of loans reported in a weekly report under subclause (I) for loans guaranteed under the Community Advantage Pilot Program of the Administration and under the program shall include a breakdown by the categories of race, ethnicity, and gender of the owners of the small business concerns, by whether the small business concern is a new or existing small business concern, and by whether the small business concern is located in an urban or rural area, and broken down by— (aa) loans of not more than $50,000; (bb) loans of more than $50,000 and not more than $150,000; (cc) loans of more than $150,000 and not more than $250,000; and (dd) loans of more than $250,000 and not more than $350,000. (ii) Annual reports (I) In general For each fiscal year in which the program is in effect, the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, and make publicly available on the internet, information about loans provided under the program and under the Community Advantage Pilot Program of the Administration. (II) Contents Each report submitted and made publicly available under subclause (I) shall include— (aa) the number and dollar amounts of loans provided to small business concerns under the program, including a breakdown by— (AA) the gender of the owners of the small business concern; (BB) the race and ethnicity of the owners of the small business concern, disaggregated in a manner that captures all the racial groups specified in the American Community Survey conducted by the Bureau of the Census; (CC) whether the small business concern is located in an urban or rural area; and (DD) whether the small business concern is an existing business or a new business, as provided in the weekly reports on lending approvals under this subsection; (bb) the proportion of loans described in item (aa) compared to— (AA) other 7(a) loans of any amount; (BB) other 7(a) loans of similar amounts; (CC) express loans provided under paragraph (31) of similar amounts; and (DD) other 7(a) loans of similar amounts provided to small business concerns in underserved markets; (cc) a comparison of the number and dollar amounts of loans provided to small business concerns under the program and under each category of loans described in item (aa), broken down by— (AA) loans of not more than $50,000; (BB) loans of more than $50,000 and not more than $150,000; (CC) loans of more than $150,000 and not more than $250,000; and (DD) loans of more than $250,000 and not more than $350,000; (dd) the number and dollar amounts of loans provided to small business concerns under the program by State, and the jobs created or retained within each State; (ee) a list of covered institutions participating in the program and the Community Advantage Pilot Program of the Administration, including— (AA) the name, location, and contact information, such as the website and telephone number, of each covered institution; and (BB) a breakdown by the number and dollar amount of the loans approved for small business concerns; and (ff) the benchmarks established by the Community Advantage Working Group under subparagraph (O)(i). (III) Timing An annual report required under this clause shall— (aa) be submitted and made publicly available not later than December 1 of each year; and (bb) cover the lending activity for the fiscal year that ended on September 30 of that same year. (P) GAO report Not later than 5 years after the date of enactment of this paragraph, the Comptroller General of the United States shall submit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report— (i) assessing— (I) the extent to which the program fulfills the requirements of this paragraph; and (II) the performance of covered institutions participating in the program; and (ii) providing recommendations on the administration of the program and the findings under subclauses (I) and (II) of clause (i). (Q) Community Advantage Working Group (i) In general Not later than 90 days after the date of enactment of this paragraph, the Administrator shall establish a Community Advantage Working Group, which shall— (I) include— (aa) a geographically diverse representation of members from among covered institutions participating in the program; and (bb) representatives from the Office of Capital Access of the Administration, including the Office of Credit Risk Management, the Office of Financial Assistance, and the Office of Economic Opportunity; (II) develop recommendations on how the Administration can effectively manage, support, and promote the program and the mission of the program; (III) establish metrics of success and benchmarks that reflect the mission and population served by covered institutions under the program, which the Administration shall use to evaluate the performance of those covered institutions; (IV) establish criteria assessing the business support services and technical assistance needs of borrowers and methods to assess lender expertise to provide necessary services and assistance; and (V) institute regular and sustainable systems of communication between the Administration and covered institutions participating in the program. (ii) Report Not later than 1 year after the date of enactment of this paragraph, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes— (I) the recommendations of the Community Advantage Working Group established under clause (i); and (II) a recommended plan and timeline for implementation of those recommendations. (R) Regulations (i) In general Not later than 180 days after the date of enactment of this paragraph, the Administrator shall promulgate regulations governing the program, including metrics for lender performance, metrics of success and benchmarks of the program, and criteria for appropriate management and technical assistance. (ii) Updates The Administrator shall consult the report issued under subparagraph (P) and, not later than 180 days after submission of the report, promulgate any necessary changes to existing regulations of the Administration based on the recommendations contained in the report. (S) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to conduct outreach and education described in subparagraph (L). . (b) Participation Section 7(a)(2) of the Small Business Act ( 15 U.S.C. 636(a)(2) ) is amended— (1) in subparagraph (A), in the matter preceding clause (i), by striking and (F) and inserting (F), and (G) ; and (2) by adding at the end the following: (G) Participation in the Community Advantage Loan Program In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be— (i) 80 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is more than $150,000 and not more than $350,000; or (ii) 90 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is not more than $150,000. . VI STEP Improvement Act of 2022 601. Short title This title may be cited as the STEP Improvement Act of 2022 . 602. State Trade Expansion Program (a) Application requirements Section 22(l)(3) of the Small Business Act ( 15 U.S.C. 649(l)(3) ) is amended— (1) in subparagraph (D)— (A) in clause (i), by inserting , including a budget plan for use of funds awarded under this subsection before the period at the end; and (B) by adding at the end the following: (iii) Timing The Associate Administrator shall— (I) publish information on how to apply for a grant under this subsection, including specific calculations and other determinations used to award such a grant, not later than March 31 of each year; (II) establish a deadline for the submission of applications that is not earlier than 60 days after the date on which the information is published under subclause (I) and that is not later than May 31; and (III) announce grant recipients not later than August 31 of each year. ; and (2) by adding at the end the following: (E) Application information The Associate Administrator shall clearly communicate to applicants and grant recipients any information about State Trade Expansion Program, including— (i) for each unsuccessful applicant for a grant awarded under this subsection, recommendations to improve a subsequent application for such a grant; and (ii) for each successful applicant for such a grant, an explanation for the amount awarded, if different from the amount requested in the application. (F) Budget plan revisions (i) In general A State receiving a grant under this subsection may revise the budget plan of the State submitted under subparagraph (D) after the disbursal of grant funds if— (I) the revision complies with allowable uses of grant funds under this subsection; and (II) such State submits notification of the revision to the Associate Administrator. (ii) Exception If a revision under clause (i) reallocates 10 percent or more of the amounts described in the budget plan of the State submitted under subparagraph (D), the State may not implement the revised budget plan without the approval of the Associate Administrator, unless the Associate Administrator fails to approve or deny the revised plan within 20 days after receipt of such revised plan. . (b) Survey Section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) ) is amended— (1) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and (2) by inserting after paragraph (6) the following: (7) Survey The Associate Administrator shall conduct an annual survey of each State that received a grant under this subsection during the preceding year to solicit feedback on the program and develop best practices for grantees. . (c) Annual report Paragraph (8)(B) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) ), as redesignated by subsection (b), is amended— (1) in clause (i)— (A) in subclause (III), by inserting , including the total number of eligible small business concerns assisted by the program (disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns) before the semicolon at the end; (B) in subclause (IV), by striking and at the end; (C) in subclause (V)— (i) by striking description of best practices and inserting detailed description of best practices ; and (ii) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (VI) an analysis of the performance metrics described in clause (iii), including a determination of whether or not any goals relating to such performance metrics were met, and an analysis of the survey described in paragraph (7); and (VII) a description of lessons learned by grant recipients under this subsection that may apply to other assistance provided by the Administration. ; and (2) by adding at the end the following: (iii) Performance metrics Annually, the Associate Administrator shall collect data on eligible small business concerns assisted by the program for the following performance metrics: (I) Total number of such concerns, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns. (II) Total dollar amount of export sales by eligible small business concerns assisted by the program. (III) Number of such concerns that have not previously participated in an activity described in paragraph (2). (IV) Number of such concerns that, because of participation in the program, have accessed a new market. (V) Number of such concerns that, because of participation in the program, have created new jobs. (VI) Number of such concerns participating in foreign trade missions or trade show exhibitions, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns. . (d) Expansion of definition of eligible small business concern Section 22(l)(1)(A) of the Small Business Act ( 15 U.S.C. 649(l)(1)(A) ) is amended— (1) in clause (iii)(II), by adding and at the end; (2) by striking clause (iv); and (3) by redesignating clause (v) as clause (iv). (e) Authorization of appropriations Paragraph (10) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) ), as redesignated by subsection (b), is amended by striking fiscal years 2016 through 2020 and inserting fiscal years 2023 through 2026 . (f) Report to Congress Not later than 1 year after the date of enactment of this Act, the Associate Administrator for International Trade of the Administration shall submit to Congress a report on the State Trade Expansion Program established under section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) ) that includes a description of— (1) the process developed for review of revised budget plans submitted under subparagraph (F) of section 22(l)(3) of the Small Business Act ( 15 U.S.C. 649(l)(3) ), as added by this title; (2) any changes made to streamline the application process to remove duplicative requirements and create a more transparent process; (3) the process developed to share best practices by States described in paragraph (8)(B)(i)(V) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) ), as redesignated by this title, particularly for first-time grant recipients under the State Trade Expansion Program or grant recipients that are facing problems using grant funds; and (4) the process developed to communicate, both verbally and in writing, relevant information about the State Trade Expansion Program to all grant recipients in a timely manner. VII Veterans Programs 701. Veteran Federal procurement entrepreneurship training program (a) In general Section 32 of the Small Business Act ( 15 U.S.C. 657b ) is amended by striking subsection (f) and inserting the following: (f) Veteran federal procurement entrepreneurship training program The Administrator, acting through the Associate Administrator, shall make grants to, or enter into a cooperative agreement with, not more than 1 nonprofit entity to operate a Federal procurement entrepreneurship training program to provide assistance to small business concerns owned and controlled by veterans regarding how to increase the likelihood of being awarded contracts with the Federal Government— (1) which shall be made to or entered into with a nonprofit entity that has a track record of successfully providing educational and job training services to targeted veteran populations from diverse locations; (2) under which the nonprofit entity may, at the discretion of the Administrator, be required to match any Federal funds received for the program with State, local, or private sector funds; and (3) under which the nonprofit entity shall use a diverse group of professional service experts, such as Federal, State, and local contracting experts and private sector industry experts with first-hand experience in Federal Government contracting, to provide instruction to small business concerns owned and controlled by veterans. . (b) Authorization of appropriations There are authorized to be appropriated to the Administration, $1,000,000 for each of fiscal years 2023 through 2027 to carry out section 32 of the Small Business Act ( 15 U.S.C. 657b ), as amended by subsection (a). 702. Boots to Business Program Section 32 of the Small Business Act ( 15 U.S.C. 657b ) is amended by adding at the end the following: (h) Boots to Business Program (1) Covered individual defined In this subsection, the term covered individual means— (A) a member of the Armed Forces, including the National Guard or Reserves; (B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code; (C) an individual who— (i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and (ii) was discharged or released from such service under conditions other than dishonorable; and (D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C). (2) Establishment During the period beginning on the date of enactment of this subsection and ending on September 30, 2027, the Administrator shall carry out a program to be known as the Boots to Business Program to provide entrepreneurship training to covered individuals. (3) Goals The goals of the Boots to Business Program are to— (A) provide assistance and in-depth training to covered individuals interested in business ownership; and (B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern. (4) Program components (A) In general The Boots to Business Program may include— (i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern; (ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern; (iii) an in-person classroom instruction component providing an introduction to the foundations of self-employment and ownership of a small business concern; and (iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan. (B) Collaboration The Administrator may— (i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and (ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 1071 note). (C) Use of resource partners and district offices (i) In general The Administrator shall— (I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and (II) to the maximum extent practicable, use district offices of the Administration and a variety of other resource partners and entities in administering the Boots to Business Program. (ii) Grant authority In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program. (D) Availability to Department of Defense and the Department of Labor The Administrator shall make available to the Secretary of Defense and the Secretary of Labor information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the websites of the Department of Defense and the Department of Labor relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense and the Secretary of Labor. (E) Availability to Department of Veterans Affairs In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display on the website of the Department of Veterans Affairs and at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program, which shall, at a minimum— (i) describe the Boots to Business Program and the services provided; and (ii) include eligibility requirements for participating in the Boots to Business Program. (F) Availability to other participating agencies The Administrator shall ensure information regarding the Boots to Business program, including all course materials and outreach materials related to the Boots to Business Program, is made available to other participating agencies in the Transition Assistance Program and upon request of other agencies. (5) Competitive bidding procedures The Administration shall use relevant competitive bidding procedures with respect to any contract or cooperative agreement executed by the Administration under the Boots to Business Program. (6) Publication of notice of funding opportunity Not later than 30 days before the deadline for submitting applications for any funding opportunity under the Boots to Business Program, the Administration shall publish a notice of the funding opportunity. (7) Report Not later than 180 days after the date of enactment of this subsection, and not less frequently than 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 Boots to Business Program, which— (A) may be included as part of another report submitted to such committees by the Administrator related to the Office of Veterans Business Development; and (B) shall summarize available information relating to— (i) grants awarded under paragraph (4)(C); (ii) the total cost of the Boots to Business Program; (iii) the number of program participants using each component of the Boots to Business Program; (iv) the completion rates for each component of the Boots to Business Program; (v) to the extent possible— (I) the demographics of program participants, to include gender, age, race, ethnicity, and relationship to military; (II) the number of program participants that connect with a district office of the Administration, a Veteran Business Outreach Center, or another resource partner of the Administration; (III) the number of program participants that start a small business concern; (IV) the results of the Boots to Business and Boots to Business Reboot course quality surveys conducted by the Office of Veterans Business Development before and after attending each of those courses, including a summary of any comments received from program participants; (V) the results of the Boots to Business Program outcome surveys conducted by the Office of Veterans Business Development, including a summary of any comments received from program participants; and (VI) the results of other germane participant satisfaction surveys; (C) an evaluation of the overall effectiveness of the Boots to Business Program based on each geographic region covered by the Administration during the most recent fiscal year; (D) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator; (E) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals; (F) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and (G) any additional information the Administrator determines necessary. . VIII Surety Bond Program 801. Expanding surety bond program Part B of title IV of the Small Business Investment Act of 1958 ( 15 U.S.C. 694a et seq. ) is amended— (1) in section 411(a) ( 15 U.S.C. 694b(a) )— (A) in paragraph (1)— (i) in subparagraph (A), by striking $6,500,000 and inserting $10,000,000 ; and (ii) by amending subparagraph (B) to read as follows: (B) The Administrator may guarantee a surety under subparagraph (A) for a total work order or contract entered into by a Federal agency in an amount that does not exceed $20,000,000. ; and (2) in section 412 ( 15 U.S.C. 694c )— (A) in subsection (a), in the third sentence, by striking , excluding administrative expenses, ; (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) Not more than 5 percent of the amount that is in the fund described in subsection (a) at the beginning of each fiscal year may be obligated during that fiscal year to cover costs incurred by the Administration in connection with the management and administration of this part, including information technology and systems, personnel costs, outreach activities, and contracts related thereto. . IX SBIC Emerging Managers Program 901. Broadening investment by the SBIC program (a) Sense of congress It is the sense of Congress that the Office of Innovation and Investment should market to, engage with, and provide enhanced onboarding support to applicants for small business investment company licenses, with a priority to reach those companies that are managed by— (1) women; (2) socially disadvantaged individuals, as described in section 8(a)(5) of the Small Business Act ( 15 U.S.C. 637(a)(5) ); (3) economically disadvantaged individuals, as described in section 8(a)(6)(A) of the Small Business Act ( 15 U.S.C. 637(a)(6)(A) ); (4) veterans, as defined in section 101 of title 38, United States Code; or (5) individuals in rural or low-income areas, as determined by the Administrator using the most recently available data from the Bureau of the Census. (b) Amendment 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. Emerging managers program (a) Definitions In this section: (1) Covered investments The term covered investments means investments in— (A) infrastructure, including— (i) roads, bridges, and mass transit; (ii) water supply and sewer; (iii) the electrical grid; (iv) broadband and telecommunications; (v) clean energy; or (vi) child care and elder care; (B) manufacturing; (C) low-income communities, as defined in section 45D(e) of the Internal Revenue Code of 1986; (D) HUBZones, as defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) ); (E) small business concerns owned and controlled by a member of an Indian Tribe individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ); (F) small business concerns owned and controlled by an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ); (G) small business concerns owned and controlled by a veteran, as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 ); or (H) industries identified by the Administrator. (2) Emerging manager company The term emerging manager company means an investment management firm that is focused on investing private equity and that meets not less than 2 of the following criteria: (A) The partners of the firm have— (i) an investment track record of less than 10 years of combined investment experience; or (ii) a documented record of successful business experience. (B) The firm has a focus on underserved markets. (C) The firm is not less than 50 percent owned, managed, or controlled by— (i) women; (ii) socially disadvantaged individuals, as described in section 8(a)(5) of the Small Business Act ( 15 U.S.C. 637(a)(5) ); (iii) economically disadvantaged individuals, as described in section 8(a)(6)(A) of the Small Business Act ( 15 U.S.C. 637(a)(6)(A) ); (iv) veterans, as defined in section 101 of title 38, United States Code; (v) individuals in rural or low-income areas, as determined by the Administrator using the most recently available data from the Bureau of the Census; or (vi) individuals with disabilities, as defined in section 49 of the Small Business Act. (b) Establishment The Administrator shall establish an emerging managers program pursuant to which managers with substantial experience in operating small business investment companies— (1) may enter into a written agreement approved by the Administrator to provide guidance and assistance to an applicant for a license for a small business investment company license that is to be managed by an emerging manager company; and (2) may hold a minority financial interest in the small business investment company described in paragraph (1). (c) Licensing An applicant described in subsection (b) shall apply for a license under section 301(c) and shall— (1) have private capital not to exceed $100,000,000; (2) be managed by not less than two individuals; (3) be a second generation fund or earlier; and (4) focus its investment strategy on covered investments. (d) Waiver of maximum leverage The approval of a written agreement under subsection (b) by the Administrator shall operate as a waiver of the requirements of section 303(b)(2)(B) to the extent that such section would otherwise apply. (e) Increased leverage maximum An existing small business investment company that enters into a written agreement under subsection (b) may receive an increase in the maximum leverage cap of the company under section 303(b)(2)— (1) under subparagraph (A) of such section, with respect to a single license, by not more than $17,500,000; and (2) under subparagraph (B) of such section, with respect to multiple licenses under common control, by not more than $35,000,000. . X New Start Act of 2022 1001. Short title This title may be cited as the Necessary Entrepreneurship Workshops via the SBA to Transform and Assist Re-entry Training Act of 2022 or the NEW START Act of 2022 . 1002. Findings Congress finds that— (1) according to the Department of Justice, every year, over 600,000 individuals are released from prison and return home to their communities, and almost 77 percent of those individuals will reoffend within 5 years; (2) according to the Brookings Institute, an estimated 48.5 percent of formerly incarcerated individuals will remain unemployed or earn a negligible income for a period of 1 year post-incarceration, increasing the risk for recidivism; (3) according to the Florida State University Institute for Justice Research and Development, formerly incarcerated individuals see a reduction in earnings of 25 percent since criminal records make it difficult to find stable employment; (4) self-employment can provide economic stability for those who are otherwise locked out of the labor market; and (5) according to a paper entitled Entrepreneurship as a Response to Labor Market Discrimination for Formerly Incarcerated People — (A) the average individual without a criminal record has a 7.09 percent likelihood of becoming an entrepreneur, but justice-impacted individuals were found to be more than 50 percent likely to choose entrepreneurship with a 12.69 percent likelihood of becoming an entrepreneur; (B) entrepreneurship reduces the likelihood of recidivism by 5.3 percent, which was a 32.5 percent decrease from average recidivism rates for regular employees who have been previously incarcerated; and (C) formerly incarcerated individuals who choose entrepreneurship make $2,700 more annually than formerly incarcerated employees and that the income gap between formerly incarcerated entrepreneurs and entrepreneurs with no criminal record was 38 percent lower than the income gap between formerly incarcerated employees and employees with no criminal record. 1003. Pilot program (a) Definitions In this title: (1) Covered individual The term covered individual means an individual who— (A) completed a term of imprisonment in Federal, State, or local jail or prison; and (B) meets the offense eligibility requirements set forth in any applicable policy notice or other guidance issued by the Administration for the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ). (2) Intermediary; microloan The terms intermediary and microloan have the meanings given those terms in section 7(m)(11) of the Small Business Act ( 15 U.S.C. 636(m)(11) ). (3) Microloan intermediary The term microloan intermediary means an intermediary that is eligible to participate in the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ). (4) Pilot program The term pilot program means the pilot program established under subsection (b). (b) Establishment Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to award grants to organizations over a 5-year period to create or support existing entrepreneurship development programs to provide assistance to covered individuals. (c) Grant requirements The Administrator shall— (1) award grants under the pilot program to organizations, or partnerships of organizations, which shall each receive a grant in an amount greater than $100,000 and less than $500,000 annually over the 5-year period in which the pilot program is in existence; and (2) allocate grants under the pilot program to ensure that the recipients are geographically varied throughout the United States. (d) Partnerships An applicant for a grant under the pilot program may form partnerships with other organizations for the purposes of the application submitted under subsection (e) and for conducting entrepreneurial development programming. (e) Application (1) In general An organization or partnership of organizations desiring a grant under the pilot program shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may reasonably require. (2) Contents An application submitted under paragraph (1) shall— (A) demonstrate that the applicant is a microloan intemediary or an organization that administers the Community Advantage Pilot Program of the Administration, or has a partnership with such an intermediary or organization, that may provide microloans to qualified covered individuals, or, to the extent that the applicant is a national organization in multiple different markets, that a separate microloan intermediary may be used in each such market; (B) demonstrate strong community ties, including those with the covered individual community, local businesses, and political leaders; (C) demonstrate an ability to provide a full range of entrepreneurial development programming on an ongoing basis; (D) include a plan for reaching covered individuals, including by identifying particular target populations within the community; (E) clearly define entrepreneurial development capabilities, including coordination with existing local resource partners of the Administration for additional training as necessary; (F) present an entrepreneurship development curriculum, which may be a nationally recognized model or based upon such a model; (G) include a list of each partner organization; and (H) include a comprehensive plan for the use of grant funds, including estimates for administrative and outreach costs of running and evaluating the entrepreneurship development program. (f) Priority In determining whether to award a grant under the pilot program, the Administrator may give priority to applicants based on— (1) whether the application includes a commitment from an existing or new non-Federal funding source to meet the matching requirement under subsection (g); (2) whether the application takes into account local economies and markets as a part of the educational component of the entrepreneurship development program; (3) the ability or plan of the applicant to provide entrepreneurial development services concurrent with employment or job training services; and (4) whether the applicant has a history of effectively providing entrepreneurial training or access to capital to covered individuals. (g) Matching requirement (1) In general As a condition of a grant provided under the pilot program, the Administrator shall require the recipient of the grant to contribute an amount equal to 25 percent of the amount of the grant, obtained solely from existing or new non-Federal sources. (2) Form In addition to cash or other direct funding, the contribution required under paragraph (1) may include indirect costs or in-kind contributions paid for under non-Federal programs. (h) Responsibilities A recipient of a grant under the pilot program shall, to the maximum extent possible, connect covered individuals to a range of Federal resources, including— (1) the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ); (2) the Community Advantage Pilot Program of the Administration; (3) small business development centers, as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 ); (4) women’s business centers described in section 29 of the Small Business Act ( 15 U.S.C. 656 ); (5) chapters of the Service Corps of Retired Executives established under section 8(b)(1)(B) of the Small Business Act (( 15 U.S.C. 637(b)(1)(B) ); (6) Veteran Business Outreach Centers described in section 32 of the Small Business Act ( 15 U.S.C. 657b ); and (7) business centers established by the Minority Business Development Agency. (i) Reports (1) In general Not later than 1 year after the date on which the Administrator establishes the pilot program, and every year thereafter until the pilot program terminates, the Administrator shall submit to Congress a report on the activities of the pilot program, including— (A) a list of each grantee organization and each partner organization; (B) the characteristics of covered individuals assisted under the entrepreneurship development programs, including race and ethnicity, gender, age, marital status, parental status, employment status, income, banking and credit history, and prior business experience; (C) the participation and attendance rates for all components of the entrepreneurship development programs; (D) the program retention rate; (E) to the greatest extent practicable, the most common reasons why participants do not complete the program; (F) the percentage of participants who remain non-justice involved during the calendar year of the program; (G) the level of the covered individuals' understanding of business concepts and principles; (H) the level of the covered individuals' greater confidence in leadership strengths, including the results of an industry-recognized behavioral assessment; (I) the covered individuals' progress made toward establishing a business; (J) the experiences and perceptions of the covered individuals; (K) the number and dollar amount of loans made to covered individuals; (L) the number and dollar amount of loans made or guaranteed by the Administration to covered individuals; and (M) such additional information as the Administrator may require. (2) GAO report Not later than 1 year after the date on which the pilot program terminates, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that evaluates— (A) the services that grant recipients provided to covered individuals assisted under entrepreneurship development programs; (B) oversight of the pilot program by the Administrator, including policies and procedures for monitoring the compliance by grant recipients with pilot program requirements and an assessment of the effectiveness of the pilot program; and (C) the overall performance of the pilot program and the impacts of the pilot program on grant recipients. (j) Rule of construction Nothing in this title may be construed to affect the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ), including— (1) the requirements of that program; (2) the manner in which that program is carried out; or (3) the use or availability of any amounts that have been made available to carry out that program. (k) Authorization of appropriations There are authorized to be appropriated to the Administrator such sums as are necessary to carry out the pilot program. (l) Termination The pilot program shall terminate on the date that is 5 years after the date on which the Administrator establishes the pilot program. XI UPLIFT Act of 2022 1101. Short title This title may be cited as the Ushering Progress by Leveraging Innovation and Future Technology Act of 2022 or the UPLIFT Act of 2022 . 1102. Findings Congress finds the following: (1) Studies have found that incubators, accelerators, and other similar models are effective at increasing revenues, the number of employees, and the likelihood that the business venture will be successful for participants. (2) According to the Kauffman Foundation— (A) minority-owned and women-owned businesses are 1/2 as likely to employ people than nonminority-owned and men-owned businesses; and (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (3) The Kauffman Foundation also found that the percentage of startups in rural communities has dropped from 20 percent in the 1980s to 12.2 percent. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. (5) According to PitchBook, around 2 percent of all venture capital funding goes to businesses with women founders. (6) According to Crunchbase, less than 3 percent of all venture capital funding goes to businesses with Black and Hispanic founders. (7) Historically Black colleges and universities, minority-serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high-growth sectors. 1103. Purposes The purposes of the Innovation Centers Program established under section 49 of the Small Business Act, as added by this title, are to— (1) spur economic growth in underserved communities by creating good paying jobs and pathways to prosperity; (2) increase prospects for success for small business concerns in underserved communities, which often suffer from higher business failure rates than the national average; (3) help create a pipeline for small business concerns in underserved and rural markets into high-growth sectors, where they are generally underrepresented; (4) help address the multi-decade decline in the rate of new business creation; (5) close the gaps that underserved small business concerns often have in terms of revenue and number of employees, which represent lost opportunity for the economy of the United States; and (6) encourage collaboration between the Administration and institutions of higher learning that serve low-income and minority communities. 1104. Innovation Centers Program (a) In general The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) by redesignating section 49 ( 15 U.S.C. 631 note) as section 50; and (2) by inserting after section 48 ( 15 U.S.C. 657u ) the following: 49. Innovation Centers Program (a) Definitions In this section: (1) Accelerator The term accelerator means an organization— (A) that— (i) works with a startup or growing small business concern for a predetermined period; and (ii) provides mentorship and instruction to scale businesses; and (B) that may— (i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and (ii) offer startup capital or the opportunity to raise capital from outside investors. (2) Federally recognized area of economic distress The term federally recognized area of economic distress means— (A) a HUBZone, as that term is defined in section 31(b); or (B) an area that has been designated as— (i) an empowerment zone under section 1391 of the Internal Revenue Code of 1986; (ii) a Promise Zone by the Secretary of Housing and Urban Development; or (iii) a low-income neighborhood or moderate-income neighborhood for purposes of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 et seq. ). (3) Growing; newly established; startup The terms growing , newly established , and startup , with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). (4) Incubator The term incubator means an organization— (A) that— (i) tends to work with startup and newly established small business concerns; and (ii) provides mentorship to startup and newly established small business concerns; and (B) that may— (i) provide a co-working environment or a month-to-month lease program; and (ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. (5) Individuals with disabilities The term individuals with a disability means more than 1 individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (6) Eligible entity The term eligible entity means— (A) an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); or (B) a junior or community college, as defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) ). (7) Rural area The term rural area has the meaning given the term in section 7(m)(11). (8) Socially and economically disadvantaged individuals The term socially and economically disadvantaged individual means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). (b) Establishment Not later than 1 year after the date of enactment of the UPLIFT Act of 2022, the Administrator shall develop and begin implementing a program (to be known as the Innovation Centers Program ) to enter into cooperative agreements with eligible entities under this section. (c) Authority (1) In general The Administrator may— (A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5-year projects for the benefit of startup, newly established, or growing small business concerns; and (B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). (2) Project requirements A project conducted under a cooperative agreement under this section shall— (A) include operating as an accelerator, an incubator, or any other small business innovation-focused project as the Administrator approves; (B) be carried out in such locations as to provide maximum accessibility and benefits to the small business concerns that the project is intended to serve; (C) have a full-time staff, including a full-time director who shall— (i) have the authority to make expenditures under the budget of the project; and (ii) manage the activities carried out under the project; (D) include the joint provision of programs and services by the eligible entity and the Administration, which— (i) shall be jointly developed, negotiated, and agreed upon, with full participation of both parties, pursuant to an executed cooperative agreement between the eligible entity and the Administration; and (ii) shall include— (I) one-to-one individual counseling, as described in section 21(c)(3)(A); and (II) a formal, structured mentorship program; (E) incorporate continuous upgrades and modifications to the services and programs offered under the project, as needed to meet the changing and evolving needs of the business community; (F) involve working with underserved groups, which include— (i) women; (ii) socially and economically disadvantaged individuals; (iii) veterans; (iv) individuals with disabilities; or (v) startup, newly established, or growing small business concerns located in rural areas; (G) not impose or otherwise collect a fee or other compensation in connection with participation in the programs and services described in subparagraph (D)(ii); and (H) ensure that small business concerns participating in the project have access, including through resource partners, to information concerning Federal, State, and local regulations that affect small business concerns. (3) Continued funding (A) In general An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. (B) Application and approval criteria (i) Criteria The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. (ii) Notification Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. (C) Priority In allocating funds made available for cooperative agreements under this section, the Administrator shall give applications under this paragraph priority over first-time applications for cooperative agreements under paragraph (1)(A). (4) Limit on use of funds Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. (5) Scope of authority (A) Subject to appropriations The authority of the Administrator to enter into cooperative agreements under this section shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. (B) Suspension, termination, and failure to renew or extend After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons for that action and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. (d) Criteria (1) In general The Administrator shall— (A) establish and rank in terms of relative importance the criteria the Administrator shall use in awarding cooperative agreements under this section, which shall include— (i) whether the proposed project will be located in— (I) a federally recognized area of economic distress; (II) a rural area; or (III) an area lacking sufficient entrepreneurial development resources, as determined by the Administrator; and (ii) whether the proposed project demonstrates a commitment to partner with core stakeholders working with small business concerns in the relevant area, including— (I) investment and lending organizations; (II) nongovernmental organizations; (III) programs of State and local governments that are concerned with aiding small business concerns; (IV) Federal agencies; and (V) for-profit organizations with an expertise in small business innovation; (B) make publicly available, including on the website of the Administration, and state in each solicitation for applications for cooperative agreements under this section, the selection criteria and ranking established under subparagraph (A); and (C) evaluate and rank applicants for cooperative agreements under this section in accordance with the selection criteria and ranking established under subparagraph (A). (2) Contents The criteria established under paragraph (1)(A)— (A) for eligible entities that have in operation an accelerator, incubator, or other small business innovation-focused project, shall include the record of the eligible entity in assisting growing, newly established, and startup small business concerns, including, for each of the 3 full years before the date on which the eligible entity applies for a cooperative agreement under this section, or if the accelerator, incubator, or other small business innovation-focused project has been in operation for less than 3 years, for the most recent full year the accelerator, incubator, or other small business innovation-focused project was in operation— (i) the number and retention rate of growing, newly established, and startup business concerns in the program of the eligible entity; (ii) the average period of participation by growing, newly established, and startup small business concerns in the program of the eligible entity; (iii) the total and median capital raised by growing, newly established, and startup small business concerns participating in the program of the eligible entity; (iv) the number of investments or loans received by growing, newly established, and startup small business concerns participating in the program of the eligible entity; and (v) the total and median number of employees of growing, newly established, and startup small business concerns participating in the program of the eligible entity; and (B) for all eligible entities— (i) shall include whether the eligible entity— (I) indicates the structure and goals of the project; (II) demonstrates ties to the business community; (III) identifies the resources available for the project; (IV) describes the capabilities of the project, including coordination with local resource partners and local or national lending partners of the Administration; (V) addresses the unique business and economic challenges faced by the community in which the eligible entity is located and businesses in that community; or (VI) provides a proposed budget and plan for use of funds; and (ii) may include any other criteria determined appropriate by the Administrator. (e) Program examination (1) In general The Administrator shall— (A) develop and implement an annual programmatic and financial examination of each project conducted under this section, under which each eligible entity entering into a cooperative agreement under this section shall provide to the Administrator— (i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and (ii) documentation regarding— (I) the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the matching requirement under subsection (i); and (II) with respect to any in-kind contributions that were used to satisfy the matching requirement under subsection (i), verification of the existence and valuation of those contributions; and (B) analyze the results of each examination conducted under subparagraph (A) and, based on that analysis, make a determination regarding the programmatic and financial viability of each eligible entity. (2) Conditions for continued funding In determining whether to continue or renew a cooperative agreement under this section, the Administrator— (A) shall consider the results of the most recent examination of the project under paragraph (1); and (B) may terminate or not renew a cooperative agreement, if the Administrator determines that the eligible entity has failed to provide any information required to be provided (including information provided for purposes of the annual report by the Administrator under subsection (m)) or the information provided by the eligible entity is inadequate. (f) Training and technical assistance The Administrator— (1) shall provide in person or online training and technical assistance to each eligible entity entering into a cooperative agreement under this section at the beginning of the participation of the eligible entity in the Innovation Centers Program in order to build the capacity of the eligible entity and ensure compliance with procedures established by the Administrator; (2) shall ensure that the training and technical assistance described in paragraph (1) is provided at no cost or at a low cost; and (3) may enter into a contract to provide the training or technical assistance described in paragraph (1) with 1 or more organizations with expertise in the entrepreneurial development programs of the Administration, innovation, and entrepreneurial development. (g) Coordination In carrying out a project under this section, an eligible entity may coordinate with— (1) resource and lending partners of the Administration; (2) programs of State and local governments that are concerned with aiding small business concerns; and (3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). (h) Funding limit The amount of financial assistance provided to an eligible entity under a cooperative agreement entered into under this section shall be not more than $400,000 during each year. (i) Matching requirement (1) In general An eligible entity shall contribute toward the cost of the project carried out under a cooperative agreement under this section an amount equal to 50 percent of the amount received under the cooperative agreement. (2) In-kind contributions Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions. (3) Waiver (A) In general If the Administrator determines that an eligible entity is unable to meet the contribution requirement under paragraph (1), the Administrator may reduce the required contribution. (B) Presumption An eligible entity shall be presumed to be unable to meet the contribution requirement under paragraph (1) if the eligible entity has— (i) long-term debt in an amount that is less than $10,000,000; (ii) an invested market endowment in an amount that is less than $15,000,000; or (iii) total net liquid assets in an amount that is less than $15,000,000. (4) Failure to obtain non-federal funding If an eligible entity fails to obtain the required non-Federal contribution during any project, or the reduced non-Federal contribution, as determined by the Administrator— (A) the eligible entity shall not be eligible thereafter for any other project for which the eligible entity is or may be funded by the Administration; and (B) before approving assistance for the eligible entity for any other project, the Administrator shall specifically determine whether the Administrator believes that the eligible entity will be able to obtain the requisite non-Federal funding and enter a written finding setting the forth the reasons for making that determination. (5) Rule of construction The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. (j) Contract authority (1) In general An eligible entity may enter into a contract with a Federal department or agency to provide specific assistance to startup, newly established, or growing small business concerns. (2) Performance Performance of a contract entered into under paragraph (1) may not hinder the applicable eligible entity in carrying out the terms of the cooperative agreement under this section. (3) Exemption from matching requirement A contract entered into under paragraph (1) shall not be subject to the matching requirement under subsection (i). (4) Additional provision Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any contracting goal for a Federal department or agency under section 15(g) with respect to small business concerns, small business concerns owned and controlled by women, or small business concerns owned and controlled by socially and economically disadvantaged individuals. (k) Privacy requirements (1) In general An eligible entity may not disclose the name, address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of that individual or small business concern, unless— (A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of an eligible entity, except that a disclosure under this subparagraph shall be limited to the information necessary for that financial audit. (2) Administration use of information This subsection shall not— (A) restrict Administration access to program activity data; or (B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. (3) Regulations The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under paragraph (1)(B). (l) Publication of information The Administrator shall— (1) publish information about the program under this section online, including— (A) on the website of the Administration; and (B) on the social media of the Administration; and (2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. (m) Annual reporting Not later than 1 year after the date on which the Administrator establishes the program under this section, and annually thereafter, the Administrator shall submit to Congress a report on the activities under the program, including— (1) the number of startup, newly established, and growing small business concerns participating in the project carried out by each eligible entity under a cooperative agreement under this section (referred to in this as participants ), including a breakdown of the owners of the participants by race, gender, veteran status, and urban versus rural location; (2) the retention rate for participants; (3) the total and median amount of capital accessed by participants, including the type of capital accessed; (4) the total and median number of employees of participants; (5) the number and median wage of jobs created by participants; (6) the number of jobs sustained by participants; and (7) information regarding such other metrics as the Administrator determines appropriate. (n) Funding (1) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Administrative expenses Of the amount made available to carry out this section for any fiscal year, not more than 10 percent may be used by the Administrator for administrative expenses. . (b) Regulations The Administrator shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s5220is/xml/BILLS-117s5220is.xml |
117-s-5221 | II 117th CONGRESS 2d Session S. 5221 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To reauthorize the State Trade Expansion Program of the Small Business Administration, and for other purposes.
1. Short title This Act may be cited as the STEP Improvement Act of 2022 . 2. State Trade Expansion program (a) Application requirements Section 22(l)(3) of the Small Business Act ( 15 U.S.C. 649(l)(3) ) is amended— (1) in subparagraph (D)— (A) in clause (i), by inserting , including a budget plan for use of funds awarded under this subsection before the period at the end; and (B) by adding at the end the following: (iii) Timing The Associate Administrator shall— (I) publish information on how to apply for a grant under this subsection, including specific calculations and other determinations used to award such a grant, not later than March 31 of each year; (II) establish a deadline for the submission of applications that is not earlier than 60 days after the date on which the information is published under subclause (I) and that is not later than May 31; and (III) announce grant recipients not later than August 31 of each year. ; and (2) by adding at the end the following: (E) Application information The Associate Administrator shall clearly communicate to applicants and grant recipients any information about State Trade Expansion Program, including— (i) for each unsuccessful applicant for a grant awarded under this subsection, recommendations to improve a subsequent application for such a grant; and (ii) for each successful applicant for such a grant, an explanation for the amount awarded, if different from the amount requested in the application. (F) Budget plan revisions (i) In general A State receiving a grant under this subsection may revise the budget plan of the State submitted under subparagraph (D) after the disbursal of grant funds if— (I) the revision complies with allowable uses of grant funds under this subsection; and (II) such State submits notification of the revision to the Associate Administrator. (ii) Exception If a revision under clause (i) reallocates 10 percent or more of the amounts described in the budget plan of the State submitted under subparagraph (D), the State may not implement the revised budget plan without the approval of the Associate Administrator, unless the Associate Administrator fails to approve or deny the revised plan within 20 days after receipt of such revised plan. . (b) Survey Section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) ) is amended— (1) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and (2) by inserting after paragraph (6) the following: (7) Survey The Associate Administrator shall conduct an annual survey of each State that received a grant under this subsection during the preceding year to solicit feedback on the program and develop best practices for grantees. . (c) Annual report Paragraph (8)(B) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) ), as redesignated by subsection (b), is amended— (1) in clause (i)— (A) in subclause (III), by inserting , including the total number of eligible small business concerns assisted by the program (disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns) before the semicolon at the end; (B) in subclause (IV), by striking and at the end; (C) in subclause (V)— (i) by striking description of best practices and inserting detailed description of best practices ; and (ii) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (VI) an analysis of the performance metrics described in clause (iii), including a determination of whether or not any goals relating to such performance metrics were met, and an analysis of the survey described in paragraph (7); and (VII) a description of lessons learned by grant recipients under this subsection that may apply to other assistance provided by the Administration. ; and (2) by adding at the end the following: (iii) Performance metrics Annually, the Associate Administrator shall collect data on eligible small business concerns assisted by the program for the following performance metrics: (I) Total number of such concerns, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns. (II) Total dollar amount of export sales by eligible small business concerns assisted by the program. (III) Number of such concerns that have not previously participated in an activity described in paragraph (2). (IV) Number of such concerns that, because of participation in the program, have accessed a new market. (V) Number of such concerns that, because of participation in the program, have created new jobs. (VI) Number of such concerns participating in foreign trade missions or trade show exhibitions, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns. . (d) Expansion of definition of eligible small business concern Section 22(l)(1)(A) of the Small Business Act ( 15 U.S.C. 649(l)(1)(A) ) is amended— (1) in clause (iii)(II), by adding and at the end; (2) by striking clause (iv); and (3) by redesignating clause (v) as clause (iv). (e) Authorization of appropriations Paragraph (10) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) ), as redesignated by subsection (b), is amended by striking fiscal years 2016 through 2020 and inserting fiscal years 2023 through 2026 . (f) Report to congress Not later than 1 year after the date of enactment of this Act, the Associate Administrator for International Trade of the Small Business Administration shall submit to Congress a report on the State Trade Expansion Program established under section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) ) that includes a description of— (1) the process developed for review of revised budget plans submitted under subparagraph (F) of section 22(l)(3) of the Small Business Act ( 15 U.S.C. 649(l)(3) ), as added by this Act; (2) any changes made to streamline the application process to remove duplicative requirements and create a more transparent process; (3) the process developed to share best practices by States described in paragraph (8)(B)(i)(V) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) ), as redesignated by this Act, particularly for first-time grant recipients under the State Trade Expansion Program or grant recipients that are facing problems using grant funds; and (4) the process developed to communicate, both verbally and in writing, relevant information about the State Trade Expansion Program to all grant recipients in a timely manner. | https://www.govinfo.gov/content/pkg/BILLS-117s5221is/xml/BILLS-117s5221is.xml |
117-s-5222 | II 117th CONGRESS 2d Session S. 5222 IN THE SENATE OF THE UNITED STATES December 8, 2022 Ms. Cantwell (for herself, Ms. Murkowski , Ms. Stabenow , and Mr. Sullivan ) 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 support upgrades at existing hydroelectric dams in order to increase clean energy production, improve the resiliency and reliability of the United States electric grid, enhance the health of the Nation's rivers and associated wildlife habitats, and for other purposes.
1. Short title This Act may be cited as the Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2022 . 2. Credit for maintaining and enhancing hydroelectric facilities (a) In general Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 13702 of Public Law 117–169 , is amended by inserting after section 48E the following new section: 48F. Credit for maintaining and enhancing hydroelectric facilities (a) In general For purposes of section 46, the credit for maintaining and enhancing hydroelectric facilities for any taxable year is an amount equal to 30 percent of the basis of any hydropower improvement property placed in service during such taxable year. (b) Certain progress expenditure rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a). (c) Hydropower improvement property In this section, the term hydropower improvement property means property— (1) which— (A) adds or improves fish passage at a qualified dam, (B) maintains or improves the quality of the water retained or released by a qualified dam, (C) promotes downstream sediment transport processes and habitat maintenance with respect to a qualified dam, (D) upgrades, repairs, or reconstructs a qualified dam to meet Federal dam safety and security standards, (E) improves the public uses of, and access to, public waterways impacted by a qualified dam in a manner consistent with a license issued by the Federal Energy Regulatory Commission or a settlement agreement reached with the Federal Energy Regulatory Commission pursuant to such a license, (F) removes an obsolete river obstruction, or (G) places into service an approved remote dam, and (2) for which, prior to January 1, 2032, the taxpayer receives written approval with respect to any property described in paragraph (1) from the Federal Energy Regulatory Commission or State or local officials, as appropriate. (d) Other definitions In this section— (1) Approved remote dam The term approved remote dam means— (A) a hydroelectric dam which— (i) exclusively services communities not interconnected to the Electric Reliability Council of Texas, the Eastern Interconnection, or the Western Interconnection, (ii) was licensed by the Federal Energy Regulatory Commission before December 31, 2020, and (iii) does not contribute to atmosphere pollution, and (B) any qualified interconnection property (as defined in section 48(a)(8)(B)) associated with a dam described in subparagraph (A) which has a maximum net output of not greater than 20 megawatts. (2) Fish passage The term fish passage means, with respect to any qualified dam, any new or upgraded turbine, fishway, or other fish passage technology which improves fish migration and survival rates. (3) Obsolete river obstruction The term obsolete river obstruction means a qualified nonpowered dam (as defined in section 34(e)(3) of the Federal Power Act ( 16 U.S.C. 823e(e)(3) )) no longer serving its intended purpose. (4) Qualified dam The term qualified dam means a hydroelectric dam that is licensed by the Federal Energy Regulatory Commission or legally operating without such a license before the date of enactment of this section. . (b) Elective payment and transfer of credit (1) Elective payment Section 6417 of the Internal Revenue Code of 1986, as added by section 13801(a) of Public Law 117–169 , is amended— (A) in subsection (b), by adding at the end the following: (13) The credit for maintaining and enhancing hydroelectric facilities under section 48F. , and (B) in subsection (d)(1)— (i) in subparagraph (E), by striking (C), or (D) each place it appears and inserting (C), (D), or (E) , (ii) by redesignating subparagraph (E) (as amended by clause (i)) as subparagraph (F), and (iii) by inserting after subparagraph (D) the following: (E) Election with respect to credit for maintaining and enhancing hydroelectric facilities If a taxpayer other than an entity described in subparagraph (A) makes an election under this subparagraph with respect to any taxable year in which such taxpayer has, after December 31, 2022, placed in service hydropower improvement property (as defined in section 48F(c)), such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year, but only with respect to the credit described in subsection (b)(13). . (2) Transfer Section 6418(f)(1)(A) of the Internal Revenue Code of 1986, as added by section 13801(b) of Public Law 117–169 , is amended by adding at the end the following: (xii) The credit for maintaining and enhancing hydroelectric facilities under section 48F. . (c) Conforming amendments (1) Section 46 of the Internal Revenue Code of 1986, as amended by section 13702(b)(1) of Public Law 117–169 , is amended— (A) in paragraph (6), by striking and at the end, (B) in paragraph (7), by striking the period at the end and inserting , and , and (C) by adding at the end the following: (8) the credit for maintaining and enhancing hydroelectric facilities. . (2) Section 49(a)(1)(C) of such Code, as amended by section 13702(b)(2) of Public Law 117–169 , is amended— (A) in clause (vii), by striking and at the end, (B) in clause (viii), by striking the period at the end and inserting , and , and (C) by adding at the end the following: (ix) the basis of any hydropower improvement property under section 48F. . (3) Section 50 of such Code is amended— (A) in subsection (a)(2)(E), as amended by section 13702(b) of Public Law 117–169 , by striking or 48E(e) and inserting 48E(e), or 48F(b) , and (B) in subsection (d)(2), as amended by section 13102(f)(5) of Public Law 117–169 — (i) in the matter preceding subparagraph (A), by inserting or any hydropower improvement property (as defined in section 48F(c)) after any energy storage technology (as defined in section 48(c)(6)) , and (ii) in subparagraph (B), by striking energy storage technology each place it appears and inserting energy storage technology or hydropower improvement property . (4) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code, as amended by section 13702(b)(5) of Public Law 117–169 , is amended by inserting after the item relating to section 48E the following new item: Sec. 48F. Credit for maintaining and enhancing hydroelectric facilities. . (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s5222is/xml/BILLS-117s5222is.xml |
117-s-5223 | II 117th CONGRESS 2d Session S. 5223 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require Community Development Block Grant and Surface Transportation Block Grant recipients to develop a strategy to support inclusive zoning policies, to allow for a credit to support housing affordability, and for other purposes.
1. Short title This Act may be cited as the Housing, Opportunity, Mobility, and Equity Act of 2022 . 2. Requirement for CDBG grantees Section 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 ) is amended by adding at the end the following: (n) Strategy To increase the affordable housing stock (1) In general Each grantee receiving assistance under this title shall— (A) include in the consolidated plan required under part 91 of title 24, Code of Federal Regulations (or any successor thereto), a strategy to support new inclusive zoning policies, programs, or regulatory initiatives that create a more affordable, elastic, and diverse housing supply and thereby increase economic growth and access to jobs and housing; and (B) implement the strategy described in subparagraph (A) and demonstrate continuous progress in advancing the goals described in section (2)(A), and include that implementation and progress in the annual performance report submitted under section 91.520 of title 24, Code of Federal Regulations (or any successor thereto). (2) Inclusions The strategy under paragraph (1) shall— (A) demonstrate— (i) transformative activities in communities that— (I) reduce barriers to housing development, including affordable housing; and (II) increase housing supply affordability and elasticity; and (ii) strong connections between housing, transportation, and workforce planning; (B) include, as appropriate, policies relating to inclusive land use, such as— (i) for the purpose of adding affordable units, increasing both the percentage and absolute number of affordable units— (I) authorizing high-density and multifamily zoning; (II) eliminating off-street parking requirements; (III) establishing density bonuses, defined as increases in permitted density of a housing development conditioned upon the inclusion of affordable housing in the development; (IV) streamlining or shortening permitting processes and timelines; (V) removing height limitations; (VI) establishing by-right development, defined as the elimination of discretionary review processes when zoning standards are met; (VII) using property tax abatements; and (VIII) relaxing lot size restrictions; (ii) prohibiting source of income discrimination; (iii) taxing vacant land or donating vacant land to nonprofit developers; (iv) allowing accessory dwelling units; (v) establishing development tax or value capture incentives; and (vi) prohibiting landlords from asking prospective tenants for their criminal history; (C) provide that affordable housing units should, to the maximum extent practicable, and unless alternate policies would result in more rapid progress toward and achievement of the goals described in subparagraph (A)— (i) be designated as affordable for the useful life of the units; (ii) require that a proportion of the new housing stock in the community is at least as great as the percentage of the population of the community requiring such units in order to not be an eligible individual under section 36A of the Internal Revenue Code; and (iii) be accessible to the population served by the program established under this title; and (D) where applicable, specify how the strategy will increase affordable housing options for individuals living in— (i) rural areas; (ii) persistent poverty counties, defined as any county with a poverty rate of not less than 20 percent, as determined in each of the 1990 and 2000 decennial censuses, and in the Small Area Income and Poverty Estimates by the Bureau of the Census for the most recent year for which the estimates are available; and (iii) high-poverty areas, defined as any census tract with a poverty rate of not less than 20 percent as measured by the 2013–2017 5-year data series available from the American Community Survey of the Bureau of the Census. . 3. Requirement for surface transportation block grant program Section 133 of title 23, United States Code, is amended by adding at the end the following: (l) Implementation of affordable housing strategy A project under this section may not be carried out unless the community in which the project is located has implemented a strategy to increase affordable housing stock as described in subsection (n) of section 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 ). . 4. Refundable credit for rent costs of eligible individuals (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36 the following new section: 36A. Rent costs of eligible individuals (a) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the excess of— (1) the lesser of— (A) the small area fair market rent (or, if the small area fair market rent is not available, the fair market rent), including the utility allowance, published by the Department of Housing and Urban Development for purposes of the housing choice voucher program under section 8(o) of the United States Housing Act of 1938 ( 42 U.S.C. 1437f(o) )— (i) in the case of a one-individual household, for an efficiency, and (ii) in the case of a household comprised of more than one individual, for a residence the number of bedrooms in which would not require— (I) more than two members of the household of the individual to share a bedroom, (II) children of different genders to share a bedroom, or (III) a household member with a disability requiring medical equipment to share a bedroom, or (B) the rent paid during the taxable year by the individual (and, if married, the individual's spouse) for the principal residence of the individual, over (2) an amount equal to 30 percent of the adjusted gross income of the taxpayer for the taxable year. (b) Eligible individual For purposes of this section— (1) In general The term eligible individual means any individual if the rent paid during the taxable year by the individual (and, if married, the individual's spouse) for the principal residence of the individual exceeds 30 percent of the adjusted gross income of the taxpayer for the taxable year. (2) Exceptions Such term shall not include any individual if— (A) the individual does not include on the return of tax for the taxable year such individual's taxpayer identification number and, if married, the taxpayer identification number of such individual's spouse, or (B) a deduction under section 151 with respect to such individual is allowable to another taxpayer for the taxable year. (3) Married individuals Such term shall include an individual who is married only if a joint return is filed for the taxable year. (4) Special rules (A) Principal residence The term principal residence has the same meaning as when used in section 121. (B) Married Marital status shall be determined under section 7703. (c) Rent For purposes of this section, rent paid includes any amount paid for utilities of a type taken into account for purposes of determining the utility allowance under section 42(g)(2)(B)(ii). (d) Coordination with certain means-Tested programs Rules similar to the rules of section 32(l) shall apply to refunds made by reason of this section. (e) Reconciliation of credit and advance payments The amount of the credit allowed under this section for any taxable year shall be reduced (but not below zero) by the aggregate amount of any advance payments of such credit under section 7527B for such taxable year. . (b) Advance payment of rental costs tax credit (1) In general Chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after section 7527A the following new section: 7527B. Advance payment of rental costs tax credit (a) In general Not later than 6 months after the date of the enactment of the Housing, Opportunity, Mobility, and Equity Act of 2022 , the Secretary shall establish a program for making advance payments of the credit allowed under section 36A on a monthly basis (determined without regard to subsection (e) of such section) to any taxpayer who— (1) the Secretary has determined, in the manner provided in subsection (c), will be allowed such credit for the taxable year, and (2) has made an election under subsection (d). (b) Amount of advance payment (1) In general For purposes of subsection (a), the amount of the monthly advance payment of the credit provided to a taxpayer during the applicable period shall be equal to the lesser of— (A) an amount equal to— (i) the amount of the credit which the Secretary has estimated, in the manner provided in subsection (c), will be allowed to such taxpayer under section 36A for the taxable year ending in such applicable period, divided by (ii) 12, or (B) such other amount as is elected by the taxpayer. (2) Applicable period For purposes of this section, the term applicable period means the 12-month period from the month of July of the taxable year through the month of June of the subsequent taxable year. (c) Manner of determining eligibility The Secretary shall determine eligibility for the credit under section 36A, and the estimated amount of such credit, based on the taxpayer's adjusted gross income for the preceding taxable year, the mean fair market rental amount with respect to the individual for such preceding year, and the rent paid during such preceding year by the individual (and, if married, the individual's spouse) for the principal residence of the individual. Any terms used in this subsection which are also used in section 36A shall have the same meaning as when used in such section. (d) Election of advance payment A taxpayer may elect to receive an advance payment of the credit allowed under section 36A for any taxable year by including such election on a timely filed return for the preceding taxable year. (e) Internal Revenue Service notification The Internal Revenue Service shall take such steps as may be appropriate to ensure that taxpayers who are eligible to receive the credit under section 36A are aware of the availability of the advance payment of such credit under this section. (f) Authority The Secretary may prescribe such regulations or other guidance as may be appropriate or necessary for the purposes of carrying out this section. . (c) Clerical amendments (1) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item: Sec. 36A. Rent costs of eligible individuals. . (2) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527A the following new item: Sec. 7527B. Advance payment of rental costs tax credit. . (d) Conforming amendment Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting , 36A after 36 . (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (f) Report Not later than 2 years after the date of the enactment of this Act, the Secretary of the Treasury shall submit to Congress a report on the credit allowed under section 36A of the Internal Revenue Code of 1986 (as added by subsection (a)) and the advance payment of such credit under section 7527A of such Code (as added by subsection (b)), including on whether taxpayers are fraudulently claiming such credit or advance payments. 5. Refund to Rainy Day Savings Program (a) In general Not later than December 31, 2022, the Secretary of the Treasury or the Secretary's delegate (referred to in this section as the Secretary ) shall establish and implement a program (referred to in this section as the Refund to Rainy Day Savings Program ) to allow a participating taxpayer, pursuant to the requirements established under this section, to defer payment on 20 percent of the amount which would otherwise be refunded to such taxpayer as an overpayment (as described in section 6401 of the Internal Revenue Code of 1986). (b) Period of deferral Except as provided under subsection (c)(5), a participating taxpayer may elect to defer payment of the amount described in subsection (a) and have such amount deposited in the Rainy Day Fund (as described in subsection (c)). (c) Rainy Day Fund (1) In general The Secretary shall establish a fund, in such manner as the Secretary determines to be appropriate, to be known as the Rainy Day Fund , consisting of any amounts described in subsection (a) on which payment has been deferred by participating taxpayers. (2) Investment Any amounts deposited in the Rainy Day Fund shall be invested by the Secretary, in coordination with the Bureau of the Fiscal Service of the Department of the Treasury, in United States Treasury bills issued under chapter 31 of title 31, United States Code, with maturities suitable for the needs of the Fund and selected so as to provide the highest return on investment for participating taxpayers. (3) Disbursements from fund (A) In general On the date that is 180 days after receipt of the individual income tax return of a participating taxpayer, the amounts in the Rainy Day Fund shall be made available to the Secretary to distribute to such taxpayer in an amount equal to the amount deferred by such taxpayer under subsection (a) and any interest accrued on such amount (as determined under paragraph (4)). (B) Distributed to bank account The amounts described in subparagraph (A) shall be distributed to the bank account identified by the participating taxpayer under subsection (d)(3). (4) Interest accrued The amount of interest accrued on the amount deferred by a participating taxpayer under subsection (a) shall be determined by the Secretary, in coordination with the Bureau of the Fiscal Service of the Department of the Treasury, based upon the return on the investment of such amounts under paragraph (2). (5) Early withdrawal (A) In general On any date during the period between the date which is 30 days after receipt by the Secretary of the individual income tax return of the participating taxpayer and October 15 of the applicable year, such taxpayer may elect to terminate the deferral of the amount described under subsection (a) and receive a distribution from the Rainy Day Fund equal to such amount and any interest which has accrued on such amount up to that date. (B) Complete withdrawal A participating taxpayer making an election under subparagraph (A) must terminate deferral of the full amount described under subsection (a), and such amount shall be distributed to the bank account identified by the participating taxpayer under subsection (d)(3). (d) Participating taxpayer For purposes of this section, the term participating taxpayer means a taxpayer who— (1) has not requested or received an extension of the time for payment of taxes for such taxable year under section 6161 of the Internal Revenue Code of 1986; (2) prior to the due date for filing the return of tax for such taxable year, elects to participate in the Refund to Rainy Day Savings Program; and (3) provides the Secretary with a bank account number and any other financial information deemed necessary by the Secretary for purposes of paragraphs (3)(B) and (5)(B) of subsection (c). (e) Forms The Secretary shall ensure that the election to defer payment of the amount described in subsection (a) may be claimed on Forms 1040, 1040A, and 1040EZ. (f) Implementation (1) Educational materials and outreach The Secretary shall— (A) design educational materials for taxpayers regarding financial savings and the Refund to Rainy Day Savings Program; (B) publicly disseminate and distribute such materials during the first calendar quarter of each calendar year and following disbursement of amounts described in subsection (c)(3); and (C) engage in outreach regarding the Refund to Rainy Day Savings Program to the Volunteer Income Tax Assistance program and paid tax preparers. (2) Information for participating taxpayers The Secretary shall ensure that a participating taxpayer is able to electronically verify the status of the amount deferred by such taxpayer under subsection (a), including any interest accrued on such amount and the status of any distribution. (3) Federally funded benefits Any amounts described in subsection (a) which are distributed to a participating taxpayer, including any interest accrued on such amount, shall be treated in the same manner as any refund made to such taxpayer under section 32 of the Internal Revenue Code of 1986 for purposes of determining the eligibility of such taxpayer for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. | https://www.govinfo.gov/content/pkg/BILLS-117s5223is/xml/BILLS-117s5223is.xml |
117-s-5224 | II 117th CONGRESS 2d Session S. 5224 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Booker (for himself, Ms. Stabenow , Mr. Warnock , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To exclude from gross income certain assistance provided to farmers, and for other purposes.
1. Short title This Act may be cited as the Family Farmer and Rancher Tax Fairness Act of 2022 . 2. Tax treatment of certain assistance to farmers, etc For purposes of the Internal Revenue Code of 1986, in the case of any payment described in section 1006(e) of the American Rescue Plan Act of 2021 (as amended by section 22007 of Public Law 117–169 ) or section 22006 of Public Law 117–169 — (1) such payment shall not be included in the gross income of the person on whose behalf, or to whom, such payment is made, (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and (3) in the case of a partnership or S corporation on whose behalf, or to whom, such a payment is made— (A) any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of such Code, and (B) except as provided by the Secretary of the Treasury (or the Secretary’s delegate), any increase in the adjusted basis of a partner’s interest in a partnership under section 705 of such Code with respect to any amount described in subparagraph (A) shall equal the partner’s distributive share of deductions resulting from interest that is part of such payment and the partner’s share, as determined under section 752 of such Code, of principal that is part of such payment. | https://www.govinfo.gov/content/pkg/BILLS-117s5224is/xml/BILLS-117s5224is.xml |
117-s-5225 | II 117th CONGRESS 2d Session S. 5225 IN THE SENATE OF THE UNITED STATES December 8, 2022 Ms. Klobuchar (for herself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 10 Broadway Street West in Akeley, Minnesota, as the Neal Kenneth Todd Post Office .
1. Neal Kenneth Todd Post Office (a) Designation The facility of the United States Postal Service located at 10 Broadway Street West in Akeley, Minnesota, shall be known and designated as the Neal Kenneth Todd 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 Neal Kenneth Todd Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s5225is/xml/BILLS-117s5225is.xml |
117-s-5226 | II 117th CONGRESS 2d Session S. 5226 IN THE SENATE OF THE UNITED STATES December 8, 2022 Ms. Klobuchar (for herself and Mr. Cornyn ) 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 increase the punishment for human trafficking in a school zone, and for other purposes.
1. Short title This Act may be cited as the No Trafficking Zones Act or the NTZ Act . 2. Findings Congress finds as follows: (1) Child sex trafficking can have devastating immediate and long-term consequences, including health impacts, psychological and physical trauma, and even death. (2) While any child can be targeted by a trafficker, research, data, survivors’ lived experiences, and expertise have revealed that traffickers often target vulnerable youth who lack strong support networks, supervision, care, or basic necessities, have low self-esteem, have experienced violence in the past, are experiencing homelessness, are experiencing academic difficulties, or are marginalized by society, and lure them into forced labor and prostitution and other forms of sexual exploitation. Traffickers are masters of manipulation and prey upon vulnerabilities using psychological pressure, intimidation, and drugs to control and sexually exploit the child for their benefit. (3) The National Center for Missing and Exploited Children (NCMEC) has received reports of child sex trafficking in all 50 States, the District of Columbia, and Puerto Rico. These reports include incidents occurring in every type of community, including suburban, rural, urban, and Tribal lands. In 2021, NCMEC received more than 17,200 reports of possible child sex trafficking. (4) Of 22,326 trafficking victims and survivors identified through contacts with the National Human Trafficking Hotline in 2019, at least 5,359 were under age 18. (5) Many underage victims of sex trafficking are students in the United States school system. No community, school, socioeconomic group, or student demographic is immune. (6) While the internet and social media make up the majority of first encounters, traffickers regularly find young people in shopping malls, through friends, at bus stops, and at schools. Specifically, traffickers systematically target vulnerable children and youth by frequenting locations where young people congregate, including schools. They also use peers or classmates, who befriend the target and slowly groom them for the trafficker by bringing the young person along to parties and other activities. (7) A 2018 survey reported that 55 percent of young sex trafficking survivors in Texas were trafficked while at school or school activities and 60 percent of trafficked adults say they were first groomed and solicited for trafficking on school campuses. (8) Schools can and should be safe havens for students. Schools are best positioned to identify and report suspected trafficking and connect affected students to critical services. Students are more likely to report instances of sex trafficking, attempted sex trafficking, or grooming for the purposes of sex trafficking where they feel most safe from harm and threats. 3. Increased punishment for human trafficking in school zones Section 1591 of title 18, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: (e) (1) Whoever violates subsection (a) in a school zone, or on, or within 1,000 feet of, a premises on which a school-sponsored activity is taking place, or on, or within 1,000 feet of a premises owned by an institution of higher education, shall, in addition to the punishment otherwise provided under this section, be imprisoned for not more than 5 years. (2) In this subsection: (A) The term school zone has the meaning given such term in section 921. (B) The term school-sponsored activity means any activity that is produced, financed, arranged, supervised, or coordinated by a school or a State educational agency or local educational agency or is under the jurisdiction of a State educational agency or local educational agency. (C) The terms State educational agency and local educational agency have the meanings given those terms under section 8101 of the Elementary and Secondary Education Act of 1965. (D) The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). . 4. Increased punishment for coercion and enticement in school zones Section 2422 of title 18, United States Code, is amended— (1) in subsection (b), by striking individual who has not attained the age of 18 years and inserting minor ; and (2) by adding at the end the following: (c) (1) Whoever violates subsection (a) or (b) knowing, or having reasonable cause to believe, that the violation is committed against a minor who is enrolled in school and is, at the time of the violation, in a school zone or on, or within 1,000 feet of, a premises on which a school-sponsored activity is taking place, or against a person who is enrolled in an institution of higher education and is, at the time of the violation on or within 1,000 feet of a premises owned by the institution of higher education, shall, in addition to the punishment otherwise provided under this section, be imprisoned for not more than 5 years. (2) Paragraph (1) shall not apply in a case in which a minor’s presence on, or within 1,000 feet of, the premises on which a school-sponsored activity is taking place is not related to such school-sponsored activity, or the person’s presence on or within 1,000 feet of the premises owned by the institution of higher education is not related to their enrollment at such institution. (d) In this section: (1) The term minor means an individual who has not attained 18 years of age. (2) The term school means a public, parochial, or private school that provides elementary or secondary education. (3) The term school zone has the meaning given such term in section 921. (4) The term school-sponsored activity means any activity that is produced, financed, arranged, supervised, or coordinated by a school or a State educational agency or local educational agency or is under the jurisdiction of a State educational agency or local educational agency. (5) The terms State educational agency and local educational agency have the meanings given those terms under section 8101 of the Elementary and Secondary Education Act of 1965. (6) The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). . | https://www.govinfo.gov/content/pkg/BILLS-117s5226is/xml/BILLS-117s5226is.xml |
117-s-5227 | II 117th CONGRESS 2d Session S. 5227 IN THE SENATE OF THE UNITED STATES December 8, 2022 Ms. Baldwin (for herself, Mrs. Murray , Mr. Merkley , Ms. Duckworth , Mr. Sanders , Mr. Whitehouse , Ms. Smith , Mr. Blumenthal , Ms. Hirono , Mr. Brown , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize grants to eligible entities to pay for travel-related expenses and logistical support for individuals with respect to accessing abortion services, and for other purposes.
1. Short title This Act may be cited as the Reproductive Health Travel Fund Act of 2022 . 2. Findings Congress finds as follows: (1) On June 24, 2022, in its decision in Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade, reversing decades of precedent recognizing the constitutional right to terminate a pregnancy. (2) The abortion access landscape was already strained. This decision has decimated access for millions of people in the United States. More than half of States are predicted to ban or severely restrict abortion in the months and years following the decision. (3) The implications of this decision will fall hardest on people who already face barriers to health care access, particularly Black people, Indigenous people, and other people of color, people with disabilities, people in rural areas, young people, people with documentation barriers, and those having difficulty making ends meet. (4) People have always had abortions and always will, even in the face of legal, financial, and logistical barriers, or criminalization. While some will self-manage their abortions, and have the option of using pills that are medically safe and effective, many others are traveling hundreds of miles out of State, or forced to carry pregnancies to term. (5) Abortion funds and practical support funds (referred to in this section as funds ) are community-based organizations that support people in overcoming financial and logistical barriers to abortion care. (6) Funds work together to remove financial and logistical barriers to abortion access and have been doing this work for decades. Some of these barriers are transportation, food, lodging, childcare, translation, doula services, among other barriers. (7) Many funds are led by people who have had abortions themselves, including a growing base of Black and Brown leaders who have themselves faced abortion obstacles and understand the complex circumstances individuals may face. (8) Abortion funds have a history of being underresourced and rely mostly on volunteer time and energy to support communities. (9) Abortion and practical support funds hold some of the closest ties to people who are having abortions and have the first-hand experience, up-to-date and on-the-ground knowledge, and the regional and national connections needed to support abortion seekers financially, emotionally, or logistically. (10) Clinics in States where abortion is legal and more accessible are receiving an influx of people seeking abortions. Provider shortages plus this rapid increase in patients will cause longer waits for appointments. (11) When people are not able to access an abortion when they need it, they are often pushed much further into pregnancy. This increases costs exponentially. For many, the increased financial burden will push abortion care completely out of reach. (12) A rapidly changing access landscape, as bans are implemented and challenged, means that the window to access care in certain States may be limited. People who are put in a position where they must postpone their care due to financial or other constraints may face appointment cancellations due to overnight changes in legality. (13) Funds often work with each other if they cannot fully assist a caller, or if a caller is traveling across regions. A national network of almost 100 abortion and practical support funds has demonstrated these funds are uniquely positioned to lead in this moment and need support. 3. Grants to pay for travel expenses and logistical support for individuals accessing abortion services (a) In general The Secretary of the Treasury (referred to in this section as the Secretary ) may award grants to eligible entities to pay for travel-related expenses and logistical support for individuals with respect to accessing abortion services. (b) Timing Beginning not later than 30 days after the date of enactment of this Act, the Secretary shall solicit applications for grants under this section. (c) Use of funds (1) Permissible uses An eligible entity receiving a grant under this section shall use the grant for travel-related expenses and logistical support for individuals with respect to accessing abortion services, which may include any of the following expenses and support: (A) Round trip travel to the location where the abortion services are provided. (B) Lodging. (C) Meals. (D) Childcare. (E) Translation services. (F) Doula care. (G) Patient education and information services. (2) Organizational costs An eligible entity receiving a grant under this section may use up to, but not more than, 15 percent of the grant funds to cover organizational costs such as— (A) community outreach efforts; (B) physical infrastructure construction and maintenance; (C) website development and maintenance; and (D) increasing staff capacity and training. (3) Impermissible uses An eligible entity receiving a grant under this section shall not use the grant for costs of an abortion procedure. (d) Applications To seek 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 determines appropriate. (e) Priority In selecting the recipients of grants under this section, the Secretary shall give priority to eligible entities that— (1) serve individuals who live in a jurisdiction that has banned or severely restricted access to abortion; (2) serve individuals who travel to a jurisdiction other than the one where they live to be provided abortion services; or (3) have a program in operation, or submit as part of the application required under subsection (d) a plan to establish and operate a program, to help individuals access abortion services. (f) Annual reports to Congress (1) In general Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the program under this section. (2) Confidentiality The reports under paragraph (1) shall not include any individually identifiable information. (g) Preemption The provisions of this section shall supercede any provision of State, Tribal, territorial, or local law that would have the effect of prohibiting any use of funds provided for under this section. (h) Definitions In this section: (1) The term eligible entity — (A) means a nonprofit organization, or a community-based organization, that assists individuals seeking an abortion through programs, services, or activities that are unbiased and medically and factually accurate; and (B) excludes any entity that discourages individuals from seeking an abortion. (2) The term nonprofit organization means an organization that— (A) is described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986; and (B) is, under subsection (a) of such section, exempt from taxation. (i) Authorization of appropriations To carry out this section, there is authorized to be appropriated $350,000,000 for each of fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s5227is/xml/BILLS-117s5227is.xml |
117-s-5228 | II 117th CONGRESS 2d Session S. 5228 IN THE SENATE OF THE UNITED STATES December 8, 2022 Ms. Murkowski (for herself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To treat activities related to fisheries in the Bering Sea and Aleutian Islands areas as related to an exempt purpose for purposes of the Internal Revenue Code of 1986.
1. Nonprofit community development activities in remote native villages (a) In general For purposes of subchapter F of chapter 1 of the Internal Revenue Code of 1986, any activity substantially related to participation and investment in fisheries in the Bering Sea and Aleutian Islands statistical and reporting areas (as described in Figure 1 of section 679 of title 50, Code of Federal Regulations) carried on by an entity identified in section 305(i)(1)(D) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1855(i)(1)(D) ) (as in effect on the date of enactment of this section) shall be considered substantially related to the exercise or performance of the purpose constituting the basis of such entity's exemption under section 501(a) of such Code if the conduct of such activity is in furtherance of 1 or more of the purposes specified in section 305(i)(1)(A) of such Act. For purposes of this paragraph, activities substantially related to participation or investment in fisheries include the harvesting, processing, transportation, sales, and marketing of fish and fish products of the Bering Sea and Aleutian Islands statistical and reporting areas. (b) Application to certain wholly owned subsidiaries If the assets of a trade or business relating to an activity described in subsection (a) of any subsidiary wholly owned by an entity identified in section 305(i)(1)(D) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1855(i)(1)(D) ) are transferred to such entity (including in liquidation of such subsidiary) not later than 18 months after the date of the enactment of this Act— (1) no gain or income resulting from such transfer shall be recognized to either such subsidiary or such entity under such Code, and (2) all income derived from such subsidiary from such transferred trade or business shall be exempt from taxation under such Code. (c) Effective date This section shall be effective during the existence of the western Alaska community development quota program established by Section 305(i)(1) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1855(i)(1) ), as amended. | https://www.govinfo.gov/content/pkg/BILLS-117s5228is/xml/BILLS-117s5228is.xml |
117-s-5229 | 117th CONGRESS 2d Session S. 5229 IN THE SENATE OF THE UNITED STATES AN ACT To direct the Joint Committee of Congress on the Library to remove the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the Capitol and to obtain a bust of Thurgood Marshall for installation in the Capitol or on the Capitol Grounds, and for other purposes.
1. Replacement of bust of Roger Brooke Taney with bust of Thurgood Marshall (a) Findings Congress finds the following: (1) While sitting in the Capitol, the Supreme Court issued the infamous Dred Scott v. Sandford decision on March 6, 1857. Written by Chief Justice Roger Brooke Taney, whose bust sits inside the entrance to the Old Supreme Court Chamber in the Capitol, this opinion declared that African Americans were not citizens of the United States and could not sue in Federal courts. This decision further declared that Congress did not have the authority to prohibit slavery in the territories. (2) Chief Justice Roger Brooke Taney’s authorship of Dred Scott v. Sandford, the effects of which would only be overturned years later by the ratification of the 13th, 14th, and 15th Amendments to the Constitution of the United States, renders a bust of his likeness unsuitable for the honor of display to the many visitors to the Capitol. (3) As Frederick Douglass said of this decision in May 1857, This infamous decision of the Slaveholding wing of the Supreme Court maintains that slaves are within the contemplation of the Constitution of the United States, property; that slaves are property in the same sense that horses, sheep, and swine are property; that the old doctrine that slavery is a creature of local law is false; that the right of the slaveholder to his slave does not depend upon the local law, but is secured wherever the Constitution of the United States extends; that Congress has no right to prohibit slavery anywhere; that slavery may go in safety anywhere under the star-spangled banner; that colored persons of African descent have no rights that white men are bound to respect; that colored men of African descent are not and cannot be citizens of the United States. . (4) While the removal of Chief Justice Roger Brooke Taney’s bust from the Capitol does not relieve the Congress of the historical wrongs it committed to protect the institution of slavery, it expresses Congress’s recognition of one of the most notorious wrongs to have ever taken place in one of its rooms, that of Chief Justice Roger Brooke Taney’s Dred Scott v. Sandford decision. (b) Removal of bust of Roger Brooke Taney Not later than 45 days after the date of enactment of this Act, the Joint Committee of Congress on the Library (referred to in this Act as the Joint Committee ) shall remove from public display the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the Capitol and the plinth upon which the bust is placed. The bust and plinth shall remain in the custody of the Senate Curator. (c) Bust of Thurgood Marshall (1) Obtaining bust Not later than 2 years after the date of enactment of this Act, the Joint Committee shall enter into an agreement to obtain a bust of Thurgood Marshall, under such terms and conditions as the Joint Committee considers appropriate and consistent with applicable law. (2) Placement (A) In general The Architect of the Capitol, under the direction of the Joint Committee, shall permanently install the bust obtained under paragraph (1) in a prominent location in the Capitol or on the United States Capitol Grounds, as described in section 5102 of title 40, United States Code. (B) Priority for location In determining the location for the permanent installation of the bust obtained under paragraph (1), the Joint Committee shall give priority to identifying an appropriate location near the Old Supreme Court Chamber of the Capitol.
Passed the Senate December 8, 2022. Secretary | https://www.govinfo.gov/content/pkg/BILLS-117s5229es/xml/BILLS-117s5229es.xml |
117-s-5230 | II 117th CONGRESS 2d Session S. 5230 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Murphy (for himself, Mr. Cornyn , Mr. Hoeven , Mr. Blumenthal , and Mr. Tillis ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To increase accessibility to the National Missing and Unidentified Persons System, to facilitate data sharing between such system and the National Crime Information Center database of the Federal Bureau of Investigation, and for other purposes.
1. Short title This Act may be cited as Billy’s Law or the Help Find the Missing Act . 2. Authorization of the national missing and unidentified persons system (a) In general The Attorney General, shall maintain the National Missing and Unidentified Persons System or NamUs , consistent with the following: (1) The NamUs shall be a national information clearinghouse and resource center for missing, unidentified, and unclaimed person cases across the United States administered by the National Institute of Justice and managed through an agreement with an eligible entity. (2) The NamUs shall coordinate or provide— (A) online database technology which serves as a national information clearinghouse to help expedite case associations and resolutions; (B) various free-of-charge forensic services to aid in the identification of missing persons and unidentified remains; (C) investigative support for criminal justice efforts to help missing and unidentified person case resolutions; (D) technical assistance for family members of missing persons; (E) assistance and training by coordinating State and local service providers in order to support individuals and families impacted by the loss or disappearance of a loved one; and (F) training and outreach from NamUs subject matter experts, including assistance with planning and facilitating Missing Person Day events across the country. (b) Permissible use of funds (1) In general The permissible use of funds awarded under this section for the implementation and maintenance of the agreement created in subparagraph (a)(1) include the use of funds— (A) to hire additional personnel to provide case support and perform other core NamUs functions; (B) to develop new technologies to facilitate timely data entry into the relevant data bases; (C) to conduct contracting activities relevant to core NamUs services; (D) to provide forensic analyses to support the identification of missing and unidentified persons, to include, but not limited to DNA typing, forensic odontology, fingerprint examination, and forensic anthropology; (E) to train State, local, and Tribal law enforcement personnel and forensic medicine service providers to use NamUs resources and best practices for the investigation of missing and unidentified person cases; (F) to assist States in providing information to the NCIC database, the NamUs database, or any future database system for missing, unidentified, and unclaimed person cases; (G) to report to law enforcement authorities in the jurisdiction in which the remains were found information on every deceased, unidentified person, regardless of age; (H) to participate in Missing Person Days and other events to directly support family members of the missing with NamUs case entries and DNA collections; (I) to provide assistance and training by coordinating State and local service providers in order to support individuals and families; (J) to conduct data analytics and research projects for the purpose of enhancing knowledge, best practices, and training related to missing and unidentified person cases, as well as developing NamUs system enhancements; (K) to create and maintain a secure, online, nationwide critical incident response tool for professionals that will connect law enforcement, medico-legal and emergency management professionals, as well as victims and families during a critical incident; and (L) for other purposes consistent with the goals of this section. (c) Amendments to the Crime Control Act of 1990 To require reports of missing children to NamUs (1) Reporting requirement Section 3701(a) of the Crime Control Act of 1990 ( 34 U.S.C. 41307(a) ) is amended by striking the period and inserting the following: and, consistent with section 3 (including rules promulgated pursuant to section 3(c)) of the Help Find the Missing Act, shall also report such case, either directly or through authorization described in such section to transmit, enter, or share information on such case, to the NamUs databases. . (2) State requirements Section 3702 of the Crime Control Act of 1990 ( 34 U.S.C. 41308 ) is amended— (A) in paragraph (2), by striking or the National Crime Information Center computer database and inserting , the National Crime Information Center computer database, or the NamUs databases ; (B) in the matter following paragraph (3), by striking and the National Crime Information Center computer networks and inserting , the National Crime Information Center computer networks, and the NamUs databases ; and (C) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting or the NamUs databases after National Crime Information Center ; and (ii) in subparagraph (A), by striking and National Crime Information Center computer networks and inserting , National Crime Information Center computer networks, and the NamUs databases . (3) Effective date The amendments made by this subsection shall apply with respect to reports made before, on, or after the date of enactment of this Act. 3. Information sharing (a) Access to NCIC Not later than 1 year after the date of enactment of this Act, the Attorney General shall, in accordance with this section, provide access to the NCIC Missing Person and Unidentified Person Files to the National Institute of Justice or its designee administering the NamUs program as a grantee or contractor, for the purpose of reviewing missing and unidentified person records in NCIC for case validation and NamUs data reconciliation. (b) Electronic data sharing Not later than 6 months after the date of enactment of this Act, the Attorney General shall, in accordance with this section, have completed an assessment of the NCIC and NamUs system architectures and governing statutes, policies, and procedures and provide a proposed plan for the secure and automatic data transmission of missing and unidentified person records that are reported to and entered into the NCIC database, with the following criteria, to be electronically transmitted to the NamUs system. (1) Missing Person cases with an MNP (Missing Person) code of CA (Child Abduction) or AA (Amber Alert) within 72 hours of entry into NCIC; (2) Missing Person cases with an MNP code EME (Endangered) or EMI (Involuntary) within 30 days of entry into NCIC; (3) All other Missing Person cases that have been active (non-cancelled) in NCIC for 180 days; (4) Unidentified person cases that have been active (non-cancelled) in NCIC for 60 days; (5) Once case data are transmitted to NamUs, cases are marked as such within NCIC, and any updates to such cases will be transmitted to NamUs within 24 hours. (c) Rules on confidentiality (1) In general Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Director of the FBI, shall promulgate rules pursuant to notice and comment that specify the information the Attorney General may allow NamUs to access from the NCIC Missing Person and Unidentified Person files or be transmitted from the NCIC database to the NamUs databases for purposes of this Act. Such rules shall— (A) provide for the protection of confidential, private, and law enforcement sensitive information contained in the NCIC Missing Person and Unidentified Person files; and (B) specify the circumstances in which access to portions of information in the Missing Person and Unidentified Person files may be withheld from the NamUs databases. 4. Report on best practices Not later than 1 year after the date of the enactment of this Act, the Attorney General shall issue a report to offices of forensic medicine service providers, and Federal, State, local, and Tribal law enforcement agencies describing the best practices for the collection, reporting, and analysis of data and information on missing persons and unidentified human remains. Such best practices shall— (1) provide an overview of the NCIC database and NamUs databases; (2) describe how local law enforcement agencies, and offices of forensic medicine service providers should access and use the NCIC database and NamUs databases; (3) describe the appropriate and inappropriate uses of the NCIC database and NamUs databases; and (4) describe the standards and protocols for the collection, reporting, and analysis of data and information on missing persons and unidentified human remains. 5. Report to congress (a) In general Not later than 1 year after the date of the enactment of this Act and biennially thereafter, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report describing the status of the NCIC database and NamUs databases. (b) Contents The report required by subsection (a) shall describe, to the extent available, information on the process of information sharing between the NCIC database and NamUs databases. 6. Definitions In this Act: (1) Authorized agency The term authorized agency means a Government agency with an originating agency identification (ORI) number and that is a criminal justice agency, as defined in section 20.3 of title 28, Code of Federal Regulations. (2) FBI The term FBI means the Federal Bureau of Investigation. (3) Forensic medicine service provider The term forensic medicine service provider means a State or unit of local government forensic medicine service provider having not fewer than 1 part-time or full-time employed forensic pathologist, or forensic pathologist under contract, who conducts medicolegal death investigations, including examinations of human remains, and who provides reports or opinion testimony with respect to such activity in courts of law within the United States. (4) Forensic science service provider The term forensic science service provider means a State or unit of local government agency having not fewer than 1 full-time analyst who examines physical evidence in criminal or investigative matters and provides reports or opinion testimony with respect to such evidence in courts in the United States. (5) NamUs databases The term NamUs databases means the National Missing and Unidentified Persons System Missing Persons database and National Missing and Unidentified Persons System Unidentified Decedents database maintained by the National Institute of Justice of the Department of Justice, which serves as a clearinghouse and resource center for missing, unidentified, and unclaimed person cases. (6) NCIC database The term NCIC database means the National Crime Information Center Missing Person File and National Crime Information Center Unidentified Person File of the National Crime Information Center database of the FBI, established pursuant to section 534 of title 28, United States Code. (7) Qualifying law enforcement agency defined The term qualifying law enforcement agency means a State, local, or Tribal law enforcement agency. (8) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. | https://www.govinfo.gov/content/pkg/BILLS-117s5230cps/xml/BILLS-117s5230cps.xml |
117-s-5231 | II 117th CONGRESS 2d Session S. 5231 IN THE SENATE OF THE UNITED STATES December 12, 2022 Mr. Cornyn (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide for a primary prevention research agenda and workforce.
1. Short title This Act may be cited as the Protecting our Servicemembers through Proven Methods Act of 2022 . 547. Primary prevention research agenda and workforce (a) Annual primary prevention research agenda Section 549A(c) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1722) is amended— (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; (2) by inserting after paragraph (1) the following new paragraphs: (2) include a focus on whether and to what extent sub-populations of the military community may be targeted for interpersonal violence more than others; (3) seek to identify factors that influence the prevention, perpetration, and victimization of interpersonal and self-directed violence; (4) seek to improve the collection and dissemination of data on hazing and bullying related to interpersonal and self-directed violence; ; and (3) by amending paragraph (6), as redesignated by paragraph (1) of this section, to read as follows: (6) incorporate collaboration with other Federal departments and agencies, including the Department of Health and Human Services and the Centers for Disease Control and Prevention, State governments, academia, industry, federally funded research and development centers, nonprofit organizations, and other organizations outside of the Department of Defense, including civilian institutions that conduct similar data-driven studies, collection, and analysis; and . (b) Primary Prevention Workforce Section 549B of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1722) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking subsection (a) and inserting paragraph (1) ; and (B) by adding at the end the following new paragraph: (3) Comptroller General report Not later than one year after the date of the enactment of this paragraph, the Comptroller General of the United States shall submit to the congressional defense committees a report that— (A) compares the sexual harassment and prevention training of the Department of Defense with similar programs at other departments and agencies of the Federal Government; and (B) includes relevant data collected by colleges and universities and other relevant outside entities on hazing and bullying and interpersonal and self-directed violence. ; and (2) by adding at the end the following new subsection: (e) Incorporation of research and findings The Secretary of Defense shall ensure that the findings and conclusions from the primary prevention research agenda established under section 549A are regularly incorporated, as appropriate, within the primary prevention workforce established under subsection (a). . | https://www.govinfo.gov/content/pkg/BILLS-117s5231is/xml/BILLS-117s5231is.xml |
117-s-5232 | II 117th CONGRESS 2d Session S. 5232 IN THE SENATE OF THE UNITED STATES December 12, 2022 Mr. Cornyn (for himself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the imposition of sanctions with respect to the sale, supply, or transfer of gold to or from the Russian Federation.
1. Short title This Act may be cited as the Stop Russian Government and Oligarchs from Limiting Democracy Act of 2022 or the Stop Russian GOLD Act of 2022 . 2. Imposition of sanctions with respect to the sale, supply, or transfer of gold to or from Russia (a) Identification Not later than 90 days after the date of the enactment of this Act, and periodically as necessary thereafter, the President— (1) shall submit to Congress a report identifying foreign persons that knowingly participated in a significant transaction— (A) for the sale, supply, or transfer (including transportation) of gold, directly or indirectly, to or from the Russian Federation or the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or (B) that otherwise involved gold in which the Government of the Russian Federation had any interest; and (2) shall impose the sanctions described in subsection (b)(1) with respect to each such person; and (3) may impose the sanctions described in subsection (b)(2) with respect to any such person that is an alien. (b) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person identified in the report required by subsection (a)(1) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (a)(1) is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), revoke any visa or other entry documentation issued to an alien described in subsection (a)(1). (ii) Immediate effect The revocation under clause (i) of a visa or other entry documentation issued to an alien shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (c) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) National interest waiver The President may waive the imposition of sanctions under this section with respect to a person if the President— (1) determines that such a waiver is in the national interests of the United States; and (2) submits to Congress a notification of the waiver and the reasons for the waiver. (e) Termination (1) In general Except as provided in paragraph (2), the requirement to impose sanctions under this section, and any sanctions imposed under this section, shall terminate on the earlier of— (A) the date that is 3 years after the date of the enactment of this Act; or (B) the date that is 30 days after the date on which the President certifies to Congress that— (i) the Government of the Russian Federation has ceased its destabilizing activities with respect to the sovereignty and territorial integrity of Ukraine; and (ii) such termination in the national interests of the United States. (2) Transition rules (A) Continuation of certain authorities Any authorities exercised before the termination date under paragraph (1) to impose sanctions with respect to a foreign person under this section may continue to be exercised on and after that date if the President determines that the continuation of those authorities is in the national interests of the United States. (B) Application to ongoing investigations The termination date under paragraph (1) shall not apply to any investigation of a civil or criminal violation of this section or any regulation, license, or order issued to carry out this section, or the imposition of a civil or criminal penalty for such a violation, if— (i) the violation occurred before the termination date; or (ii) the person involved in the violation continues to be subject to sanctions pursuant to subparagraph (A). (f) Exceptions (1) Exceptions for authorized intelligence and law enforcement and national security activities This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence, law enforcement, or national security activities of the United States. (2) Exception to comply with international agreements Sanctions under subsection (b)(2) may not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations. (3) Humanitarian exemption The President shall not impose sanctions under this section with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance. (4) Exception relating to importation of goods (A) In general The requirement or authority to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (g) Definitions In this section: (1) The terms admission , admitted , alien , and lawfully admitted for permanent residence have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) The term foreign person means an individual or entity that is not a United States person. (3) The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (4) The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s5232is/xml/BILLS-117s5232is.xml |
117-s-5233 | II 117th CONGRESS 2d Session S. 5233 IN THE SENATE OF THE UNITED STATES December 12, 2022 Mr. Cornyn (for himself and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the President to submit to Congress a report on United States Government efforts to collect, analyze, and preserve evidence and information related to war crimes and other atrocities committed during the full-scale Russian invasion of Ukraine since February 24, 2022, and for other purposes.
1. Ukraine Invasion War Crimes Deterrence and Accountability Act (a) Short title This section may be cited as the Ukraine Invasion War Crimes Deterrence and Accountability Act . (b) Sense of Congress It is the sense of Congress that— (1) in its premeditated, unprovoked, unjustified, and unlawful full-scale invasion of Ukraine that commenced on February 24, 2022, the military of the Government of the Russian Federation under the direction of President Vladimir Putin has committed war crimes that include but are not limited to— (A) the deliberate targeting of civilians and injuring or killing of noncombatants; (B) the deliberate targeting and attacking of hospitals, schools, and other non-military buildings dedicated to religion, art, science, or charitable purposes, such as the bombing of a theater in Mariupol that served as a shelter for noncombatants and had the word children written clearly in the Russian language outside; (C) the indiscriminate bombardment of undefended dwellings and buildings; (D) the wanton destruction of property not justified by military necessity; (E) unlawful civilian deportations; (F) the taking of hostages; and (G) rape, or sexual assault or abuse; (2) the use of chemical weapons by the Government of the Russian Federation in Ukraine would constitute a war crime, and engaging in any military preparations to use chemical weapons or to develop, produce, stockpile, or retain chemical weapons is prohibited by the Chemical Weapons Convention, to which the Russian Federation is a signatory; (3) Vladimir Putin has a long record of committing acts of aggression, systematic abuses of human rights, and acts that constitute war crimes or other atrocities both at home and abroad, and the brutality and scale of these actions, including in the Russian Federation Republic of Chechnya, Georgia, Syria, and Ukraine, demonstrate the extent to which his regime is willing to flout international norms and values in the pursuit of its objectives; (4) Vladimir Putin has previously sanctioned the use of chemical weapons at home and abroad, including in the poisonings of Russian spy turned double agent Sergei Skripal and his daughter Yulia and leading Russian opposition figure Aleksey Navalny, and aided and abetted the use of chemical weapons by President Bashar al-Assad in Syria; and (5) in 2014, the Government of the Russian Federation initiated its unprovoked war of aggression against Ukraine which resulted in its illegal occupation of Crimea, the unrecognized declaration of independence by the so-called Donetsk People's Republic and Luhansk People's Republic by Russia-backed proxies, and numerous human rights violations and deaths of civilians in Ukraine. (c) Statement of policy It is the policy of the United States— (1) to collect, analyze, and preserve evidence and information related to war crimes and other atrocities committed during the full-scale Russian invasion of Ukraine that began on February 24, 2022, for use in appropriate domestic, foreign, and international courts and tribunals prosecuting those responsible for such crimes consistent with applicable law, including with the American Service Members’ Protection Act of 2002 ( 22 U.S.C. 7421 et seq. ); (2) to help deter the commission of war crimes and other atrocities in Ukraine by publicizing to the maximum possible extent, including among Russian and other foreign military commanders and troops in Ukraine, efforts to identify and prosecute those responsible for the commission of war crimes during the full-scale Russian invasion of Ukraine that began on February 24, 2022; and (3) to continue efforts to identify, deter, and pursue accountability for war crimes and other atrocities committed around the world and by other perpetrators, and to leverage international cooperation and best practices in this regard with respect to the current situation in Ukraine. (d) Report on United States efforts Not later than 90 days after the date of the enactment of this Act, and consistent with the protection of intelligence sources and methods, the President shall submit to the appropriate congressional committees a report, which may include a classified annex, describing in detail the following: (1) United States Government efforts to collect, analyze, and preserve evidence and information related to war crimes and other atrocities committed during the full-scale Russian invasion of Ukraine since February 24, 2022, including a description of— (A) the respective roles of various agencies, departments, and offices, and the interagency mechanism established for the coordination of such efforts; (B) the types of information and evidence that are being collected, analyzed, and preserved to help identify those responsible for the commission of war crimes or other atrocities during the full-scale Russian invasion of Ukraine in 2022; and (C) steps taken to coordinate with, and support the work of, allies, partners, international institutions and organizations, and nongovernmental organizations in such efforts. (2) Media, public diplomacy, and information operations to make Russian military commanders, troops, political leaders and the Russian people aware of efforts to identify and prosecute those responsible for the commission of war crimes or other atrocities during the full-scale Russian invasion of Ukraine in 2022, and of the types of acts that may be prosecutable. (3) The process for a domestic, foreign, or international court or tribunal to request and obtain from the United States Government information related to war crimes or other atrocities committed during the full-scale Russian invasion of Ukraine in 2022. (e) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate. (2) Atrocities The term atrocities has the meaning given that term in section 6(2) of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 ( Public Law 115–441 ; 22 U.S.C. 2656 note). (3) War crime The term war crime has the meaning given that term in section 2441(c) of title 18, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s5233is/xml/BILLS-117s5233is.xml |
117-s-5234 | II 117th CONGRESS 2d Session S. 5234 IN THE SENATE OF THE UNITED STATES December 12, 2022 Mr. Cornyn (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To modify statutory definitions relating to narcotics and drug trafficking, and for other purposes.
1. Short title This Act may be cited as the Protecting America from Narcotics and Illicit Chemicals Act of 2022 or the PANIC Act of 2022 . 2. Definition of major illicit drug producing country Section 481(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291(e) ) is amended— (1) in paragraph (2)— (A) in subparagraph (C), by striking ; or and inserting a semicolon; (B) in subparagraph (D), by striking the semicolon at the end and inserting ; or ; and (C) by adding at the end the following: (E) that is a significant direct source of covered synthetic drugs or psychotropic drugs or other controlled substances, including precursor chemicals when those chemicals are used in the production of such drugs and substances, significantly affecting the United States; ; (2) by amending paragraph (5) to read as follows: (5) the term major drug-transit country means a country through which are transported covered synthetic drugs or psychotropic drugs or other controlled substances significantly affecting the United States; ; (3) in paragraph (7), by striking ; and and inserting a semicolon; (4) in paragraph (8), by striking the period at the end and inserting ; and ; and (5) by adding at the end the following: (9) the term covered synthetic drug has the meaning given that term in section 5558 of the FENTANYL Results Act . . | https://www.govinfo.gov/content/pkg/BILLS-117s5234is/xml/BILLS-117s5234is.xml |
117-s-5235 | II 117th CONGRESS 2d Session S. 5235 IN THE SENATE OF THE UNITED STATES December 12, 2022 Ms. Duckworth (for herself and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Aviation Administration to establish evacuation standards for transport category airplanes.
1. Short title This Act may be cited as the Emergency Vacating of Aircraft Cabin Act . 2. Evacuation standards for transport category airplanes (a) Rulemaking Not later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall issue a final rule establishing evacuation standards for transport category airplanes, as described in part 25 of title 14, Code of Federal Regulations. (b) Considerations (1) In general In issuing the final rule under subsection (a), the Administrator shall consider factors that include— (A) the ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane; (B) the ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane; (C) the ability of passengers with disabilities to safely and efficiently evacuate a transport category airplane; (D) the ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane; (E) the ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane; (F) the impact of the presence of carry-on luggage or personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane; (G) the impact of seat size and seat pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane; (H) the impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane; (I) with respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane; (J) the impact of passenger load (the number of passengers relative to the number of seats on board) on the ability of passengers to safely and efficiently evacuate a transport category airplane; (K) the impact of service animals and the ability to safely and efficiently evacuate such animals from a transport category airplane; and (L) any other factor determined appropriate by the Administrator. (2) Passengers with disabilities defined For purposes of this subsection, the term passengers with disabilities — (A) means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations; and (B) includes any passengers— (i) with a physical impairment, such as passengers who are blind, deaf, or require a wheelchair, walker, cane, brace, prosthetic, or other mobility device; (ii) whose physical impairment requires the use of a medical device to assist with mobility, such as a portable oxygen concentrator; or (iii) with a developmental or mental impairment. | https://www.govinfo.gov/content/pkg/BILLS-117s5235is/xml/BILLS-117s5235is.xml |
117-s-5236 | II 117th CONGRESS 2d Session S. 5236 IN THE SENATE OF THE UNITED STATES December 12, 2022 Ms. Duckworth (for herself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To increase funding for aviation workforce development grant programs of the Federal Aviation Administration.
1. Short title This Act may be cited as the Aviation Workforce Development Enhancement Act . 2. Increasing funding for aviation workforce development grant programs (a) In general Section 625 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) a program to provide grants for eligible projects to support the education and recruitment of aviation manufacturing technical workers and the development of the aviation manufacturing workforce. ; (2) in subsection (b)— (A) in paragraph (1), by striking 2023 each place it appears and inserting 2029 ; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following new paragraph: (2) Additional funding In addition to amounts available for grants pursuant to paragraph (1), there is authorized to be appropriated— (A) $10,000,000 for each of fiscal years 2024 through 2029 to provide grants under the program established under subsection (a)(1); (B) $10,000,000 for each of fiscal years 2024 through 2029 to provide grants under the program established under subsection (a)(2); and (C) $10,000,000 for each of fiscal years 2024 through 2029 to provide grants under the program established under subsection (a)(3). ; and (D) in paragraph (3), as redesignated by subparagraph (B), by inserting (or, in the case of fiscal years 2024 through 2029, $1,000,000) after $500,000 ; (3) in subsection (c), by adding at the end the following new paragraph: (3) An application for a grant under the pilot program established under subsection (a)(3) shall be submitted, in such form as the Secretary may specify, by— (A) a holder of a type or production certificate or similar authorization issued under section 44704 of title 49, United States Code, or a credible applicant for such a certificate as determined by the Secretary; (B) an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) or a high school or secondary school (as defined in section 7801 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); and (C) a State or local governmental entity. ; and (4) in subsection (d), by adding at the end the following new paragraph: (3) For purposes of the pilot program established under subsection (a)(3), an eligible project is a project— (A) to establish new educational programs that teach technical skills used in aviation manufacturing, including purchasing equipment, or to improve existing such programs; (B) to establish scholarships or apprenticeships for individuals pursuing employment in the aviation manufacturing industry; (C) to support outreach about careers in the aviation manufacturing industry to— (i) primary, secondary, and post-secondary school students; or (ii) to communities underrepresented in the industry; (D) to support educational opportunities related to aviation manufacturing in both urban and rural areas; (E) to support transition to careers in aviation manufacturing, including for members of the Armed Forces; or (F) to otherwise enhance aviation manufacturing technical education or the aviation maintenance industry workforce. . (b) Conforming amendment Paragraph (4) of section 48105 of title 49, United States Code, is amended by striking 2023 and inserting 2029 . | https://www.govinfo.gov/content/pkg/BILLS-117s5236is/xml/BILLS-117s5236is.xml |
117-s-5237 | II 117th CONGRESS 2d Session S. 5237 IN THE SENATE OF THE UNITED STATES December 12, 2022 Mr. Portman (for himself, Ms. Baldwin , Mr. Hagerty , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to promulgate regulations relating to the approval of foreign manufacturers of cylinders, and for other purposes.
1. Short title This Act may be cited as the Compressed Gas Cylinder Safety and Oversight Improvements Act of 2022 . 2. Regulation of foreign manufacturers of cylinders used in transporting hazardous materials (a) Definitions In this section: (1) Cylinder The term cylinder means any cylinder specified under any of sections 178.36 through 178.68 of title 49, Code of Federal Regulations (or successor regulations). (2) Foreign manufacturer of cylinders; fmoc The term foreign manufacturer of cylinders or FMOC means an entity that manufactures cylinders outside of the United States that are intended to be represented, marked, certified, or sold as qualified for use in transporting a hazardous material in commerce in the United States. (3) In good standing The term in good standing , with respect to an FMOC, means that the FMOC— (A) is approved by the Secretary pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation); and (B) has demonstrated 3 years of compliance with— (i) part 107 of title 49, Code of Federal Regulations (or successor regulations); and (ii) chapter 51 of title 49, United States Code. (4) Secretary The term Secretary means the Secretary of Transportation. (b) Approval of foreign manufacturers of cylinders (1) In general The Secretary shall promulgate regulations to provide that an approval provided to an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), shall be for a period of not longer than 1 year, except as provided under paragraph (2). (2) 5-year approval The Secretary may provide a 5-year approval of an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), if the following requirements are met: (A) The FMOC attests that none of the cylinders made by the FMOC are prohibited from entry to the United States under section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). (B) The FMOC certifies that— (i) the information provided pursuant to subsection (e) is accurate; and (ii) the FMOC has a proactive responsibility to inform the Secretary if any such information materially changes. (C) The Secretary determines that the FMOC is in good standing. (3) Facility inspections (A) Definition of obstructs In this paragraph, the term obstructs means taking actions that are known, or reasonably should be known, to prevent, hinder, or impede an inspection. (B) Penalties The Secretary may suspend or terminate an approval of an FMOC if the FMOC obstructs or prevents the Secretary from carrying out an inspection under section 107.807(c) of title 49, Code of Federal Regulations (or a successor regulation). (4) Interaction with other statutes, agreements, regulations Nothing in this section may be construed to prevent the harmonization of cylinder standards otherwise authorized by law. (5) Other cause for suspension or termination The Secretary may suspend or terminate an approval of an FMOC on determination that the FMOC knowingly or intentionally misrepresented responses to the Secretary required by law, including under subsection (e). (c) Reevaluation by request for related violations (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to establish a process, as determined by the Secretary, for any interested party to request a reevaluation of the approval of FMOC cylinders under section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), to review the accuracy and safety of the actions of the FMOC. (2) Petition for reevaluation The regulations promulgated under paragraph (1) shall allow an interested party to file a petition if that party has evidence of inaccurate, changed, or fraudulent attestations or responses made by an FMOC to the Secretary under subsection (e). (d) Notice and comment for applications by foreign manufacturers of cylinders On receipt of an application for approval under section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), the Secretary shall— (1) timely publish notification of the application on the website of the Pipeline and Hazardous Materials Safety Administration; and (2) provide 30 days for public comment on the application prior to approval. (e) Additional questions To ensure safety and compliance with DOT processes (1) Additional questions The Secretary shall require, as part of an application for approval pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), that the applicant answer the following questions: (A) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, has ever been subject to a civil monetary penalty under title 49, United States Code, relating to any actions carried out as an approved FMOC or during the application for approval under that section. (B) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, has been delinquent in the payment of any civil monetary penalties or other fines or fees under title 49, United States Code. (C) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is subject to the Do Not Pay Initiative established under section 3354 of title 31, United States Code, as of the date of the application. (D) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is listed in the Military End User List of the Department of Commerce as of the date of the application. (E) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is identified by the Department of Defense as an entity listed under section 1237 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 50 U.S.C. 1701 note; Public Law 105–261 ) as of the date of application. (F) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, has been found guilty of a criminal penalty or assessed a civil penalty under section 1760 of division A of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 50 U.S.C. 4819 ). (G) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is subject to a final antidumping or countervailing duty order from the Department of Commerce as of the date of application. (2) Denial of application The Secretary may deny under section 107.709 of title 49, Code of Federal Regulations (or a successor regulation), an application for approval under section 107.807 of that title (or a successor regulation) based on the responses to the questions required under paragraph (1). (f) Foreign manufacturers listing approvals Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall publish and maintain on the website of the Department of Transportation a list of approved foreign manufacturers of cylinders and the duration of those approvals. (g) Authorizing foreign inspections Not later than 180 days after the date of enactment of this Act, the Secretary shall revise section 107.807(d) of title 49, Code of Federal Regulations— (1) to require that in any case in which the Secretary determines there is good cause, an inspection under that section shall be carried out annually for such duration as the Secretary determines appropriate; (2) to specify that a refusal of inspection under that section shall result in a loss of the status of in good standing; (3) to allow the Secretary to request, at the discretion of the Secretary— (A) production of test and production records; and (B) random sample testing; and (4) to allow for the recovery of all associated costs of foreign inspections to include travel, time, and other costs, as determined by the Secretary. | https://www.govinfo.gov/content/pkg/BILLS-117s5237is/xml/BILLS-117s5237is.xml |
117-s-5238 | II 117th CONGRESS 2d Session S. 5238 IN THE SENATE OF THE UNITED STATES December 12, 2022 Mrs. Capito (for herself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the Administrator of the Centers for Medicare & Medicaid Services to provide guidance regarding coverage of prescription digital therapeutics under Medicaid and the State Children's Health Insurance Program.
1. Short title This Act may be cited as the Medicaid and CHIP Access to Prescription Digital Therapeutics Act . 2. Assurance of Medicaid and CHIP coverage for prescription digital therapeutics (a) In general (1) Issuance of guidance Not later than 6 months after the date of enactment of this section, the Administrator of the Centers for Medicare & Medicaid Services shall issue guidance to States that identifies methods for State Medicaid programs under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) and State Children's Health Insurance Programs under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ) to provide medical assistance, child health assistance, and pregnancy-related assistance for prescription digital therapeutics and claim Federal financial participation for providing such assistance. (2) Technical assistance The Administrator of the Centers for Medicare & Medicaid Services may make available technical assistance to a State that seeks to incur an expenditure for providing medical assistance, child health assistance, or pregnancy-related assistance for a prescription digital therapeutic under the State Medicaid program or the State Children's Health Insurance Program within 30 days of the State submitting a request for such technical assistance, but in no event shall requesting or receiving such technical assistance be a prerequisite for a State providing any such assistance or receiving Federal financial participation for providing any such assistance. (3) Prescription digital therapeutic In this section, the term prescription digital therapeutic means a product, device, internet application, or other technology that— (A) is cleared or approved by the Food and Drug Administration pursuant to section 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act; (B) has a cleared or approved indication for the prevention, management, or treatment of a medical disease, condition, or disorder; (C) primarily uses software to achieve its intended result; and (D) is a device that is exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act under section 801.109 of title 21 of the Code of Federal Regulations (or any successor regulation). (b) Protection of existing Medicaid and CHIP coverage Nothing in this section shall be construed to imply that an expenditure for a prescription digital therapeutic that occurred on or before the date of the enactment of this section did not constitute an expenditure for medical assistance under a State Medicaid program or for child health assistance or pregnancy-related assistance under a State Children's Health Insurance Program. | https://www.govinfo.gov/content/pkg/BILLS-117s5238is/xml/BILLS-117s5238is.xml |
117-s-5239 | II 117th CONGRESS 2d Session S. 5239 IN THE SENATE OF THE UNITED STATES December 12, 2022 Mr. Cotton (for himself 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 impose sanctions with respect to foreign telecommunications companies engaged in economic or industrial espionage against United States persons, and for other purposes.
1. Short title This Act may be cited as the Neutralizing Emerging Threats from Wireless OEMs Receiving direction from Kleptocracies and Surveillance states Act or the NETWORKS Act . 2. Imposition of sanctions with respect to economic or industrial espionage by foreign telecommunications companies (a) In general On and after the date that is 30 days after the date of the enactment of this Act, the President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all significant transactions in property and interests in property of a foreign person described in subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (b) Foreign persons described A foreign person is described in this subsection if the President determines that the person, on or after the date of the enactment of this Act— (1) produces fifth or future generation telecommunications technology; and (2) engages in— (A) economic or industrial espionage with respect to trade secrets or proprietary information owned by United States persons; or (B) other related illicit activities, including violations of sanctions imposed by the United States. (c) Exceptions (1) Exception for intelligence activities Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception relating to importation of goods (A) In general The authorities and requirements to impose sanctions authorized under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (d) Waiver The President may waive the application of sanctions under this section with respect to a foreign person for renewable periods of not more than 90 days each if the President determines and reports to Congress that such a waiver is vital to the national security interests of the United States. (e) Implementation; penalties (1) Implementation The President may exercise the authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (f) Definitions (1) In general In this section: (A) Economic or industrial espionage The term economic or industrial espionage means— (i) stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; (ii) copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; or (iii) knowingly receiving, buying, or possessing a trade secret or proprietary information that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret or proprietary information. (B) Fifth or future generation telecommunications technology The term fifth or future generation telecommunications technology means telecommunications technology that conforms to the technical standards followed by the telecommunications industry for telecommunications technology that is commonly known in the industry as fifth generation or future generation technology. (C) Foreign person The term foreign person means any person that is not a United States person. (D) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (E) Person The term person means an individual or entity. (F) Proprietary information The term proprietary information has the meaning given that term in section 1637(d) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 50 U.S.C. 1708(d) ). (G) Third and fourth generation telecommunications networks The term third and fourth generation telecommunications networks means telecommunications networks that conform to the technical standards followed by the telecommunications industry for telecommunications networks that are commonly known in the industry as third or fourth generation networks. (H) Trade secret The term trade secret has the meaning given that term in section 1839 of title 18, United States Code. (I) United States person The term United States person means— (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. (2) Determination of significance For the purposes of this section, in determining if transactions are significant, the President may consider the totality of the facts and circumstances, including factors similar to the factors set forth in section 561.404 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (3) Rule of construction For purposes of this section, a transaction shall not be construed to include— (A) participation in an international standards-setting body or the activities of such a body; or (B) a transaction involving existing third or fourth generation telecommunications networks. | https://www.govinfo.gov/content/pkg/BILLS-117s5239is/xml/BILLS-117s5239is.xml |
117-s-5240 | II 117th CONGRESS 2d Session S. 5240 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To redesignate the Salem Maritime National Historic Site as the Salem Maritime National Historical Park , and for other purposes.
1. Short title This Act may be cited as the Salem Maritime National Historical Park Redesignation and Technical Corrections Act . 2. Salem Maritime National Historical Park (a) Redesignation (1) In general The Salem Maritime National Historic Site is redesignated as the Salem Maritime National Historical Park . (2) References in law Any reference in a law, regulation, map, document, record, or other paper of the United States to the Salem Maritime National Historic Site shall be considered to be a reference to the Salem Maritime National Historical Park. (3) Conforming amendments Section 1 of Public Law 100–349 ( 54 U.S.C. 320101 note; 102 Stat. 659; 104 Stat. 4575) is amended— (A) in the section heading, by striking National Historic Site and inserting National Historical Park ; and (B) in subsection (b), by striking national historic site each place it appears and inserting national historical park . (b) Boundary revision Section 1 of Public Law 100–349 ( 54 U.S.C. 320101 note; 102 Stat. 659; 104 Stat. 4575) is amended by striking subsection (a) and inserting the following: (a) Boundary revision (1) In general The Salem Maritime National Historical Park (referred to in this Act as the national historical park ) located in Salem, Massachusetts, shall consist of land and interests in land as generally depicted on the map entitled ____ , numbered ____, and dated ____. (2) Availability of map The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. . (c) Visitor center and curatorial facility Section 1(b)(2) of Public Law 100–349 ( 54 U.S.C. 320101 note; 102 Stat. 659; 104 Stat. 4575) is amended— (1) in subparagraph (A), by striking visitor center each place it appears and inserting visitor center and curatorial facility ; and (2) in subparagraph (B)(ii), by striking 12,000 and inserting 70,000 . (d) Authorization of special resource study Not later than January 1, 2026, the Secretary of the Interior shall conduct a special resource study of sites and resources associated with the maritime history and coastal defenses of Salem, Massachusetts, and the vicinity, for the purpose of evaluating potential revisions to the boundaries of the Salem Maritime National Historical Park to include the sites and resources. | https://www.govinfo.gov/content/pkg/BILLS-117s5240is/xml/BILLS-117s5240is.xml |
117-s-5241 | II 117th CONGRESS 2d Session S. 5241 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to revise the definition of the term tipped employee , and for other purposes.
1. Short title This Act may be cited as the Tipped Employee Protection Act . 2. Tipped employees Section 3(t) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(t) ) is amended— (1) by striking (t) and inserting (t)(1) ; (2) by striking engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips. and inserting , without regard to the duties of the employee, who receives tips and other cash wages for a period described in paragraph (2) at a rate that when combined with the cash wage required under subsection (m)(2)(A)(i) is greater than or equal to the wage in effect under section 6(a)(1). ; and (3) by adding at the end the following: (2) The period described in this paragraph may be (as determined by the employer) a period of 1 day, 1 week, every other week, every pay period, or 1 month. . | https://www.govinfo.gov/content/pkg/BILLS-117s5241is/xml/BILLS-117s5241is.xml |
117-s-5242 | II 117th CONGRESS 2d Session S. 5242 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mrs. Shaheen (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prevent international violence against women, and for other purposes.
1. Short title; table of contents (a) Short title; table of contents This Act may be cited as the International Violence Against Women 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. Sec. 3. Statement of policy. TITLE I—United States strategy to prevent and respond to gender-based violence globally Sec. 101. Global strategy requirement. TITLE II—Oversight and Accountability Sec. 201. Definitions. Sec. 202. Office of Global Women’s Issues. Sec. 203. Senior Coordinator for Gender Equality and Women’s Empowerment. Sec. 204. Briefing. 2. Findings Congress makes the following findings: (1) An estimated 1 out of every 3 women throughout the world will be beaten, coerced into sex, or otherwise abused in her lifetime. (2) Up to 70 percent of women in some countries report experiencing gender-based violence at some point in their lives. (3) Intimate partner violence is the most prevalent form of violence against women, preventing them from playing more active roles in the social, economic, and political development of their communities. (4) Sexual violence among adolescents and pre-adolescents is alarmingly high. National surveys in Swaziland, Tanzania, Zimbabwe, Kenya, and Haiti have found that between 28 and 38 percent of girls and between 9 and 18 percent of boys report experiencing sexual violence before reaching 18 years of age. (5) Adult male respondents in 6 countries who had experienced violence as children were significantly more likely to report perpetrating intimate partner violence themselves according to the International Men and Gender Equality Survey dataset. (6) Gender-based violence harms economies and the workers that fuel them. Despite underreporting, striking statistics document prevalent forms of gender-based violence globally that affect the world of work. Worldwide, women are concentrated in low-wage, insecure jobs in workplaces where they lack bargaining power, protections against gender-based violence, safe and confidential reporting systems, recourse to justice, or access to legal, medical, and psychosocial services. (7) Women living in poverty are particularly vulnerable to gender-based violence. Lack of economic opportunities often compels women to use desperate and dangerous means to provide for themselves and their families, risking significant exposure to labor exploitation and sexual exploitation and abuse for both women and their children. (8) Country studies indicate that the risk of HIV among women who have experienced violence may be up to three times higher than among those who have not experienced violence. The World Health Organization found that women who experience intimate partner violence are at more than 50 percent greater risk of HIV infection, and in some instances their risk of HIV infection increases four-fold. Women living with HIV are more likely to experience violence than other women, and fear of violence can prevent women from accessing HIV/AIDS information and receiving treatment and counseling. (9) Addressing gender inequality and gender-based violence is essential to reducing HIV risk and increasing access to HIV prevention, care and treatment services for women and men. The President’s Emergency Plan for AIDS Relief (PEPFAR) supports significant work in the field to incorporate efforts to prevent and respond to gender-based violence into existing HIV treatment and prevention programs. (10) Prevalence of sexual and physical violence is higher among persons with disabilities, particularly for adolescents and intimate partners with disabilities, and for men and women with intellectual impairments living in institutions. The World Health Organization reports that rates of gender-based violence are between 4 and 10 times greater among persons with disabilities compared to non-disabled persons. (11) Displaced, refugee, and stateless women and girls in humanitarian emergencies, conflict settings, and natural disasters face extreme violence and threats, including— (A) being forced to exchange sex for food and humanitarian supplies; and (B) being at increased risk of rape, sexual exploitation, trafficking, and abuse. (12) Rape and sexual assault against women and girls are used to torture, intimidate, and terrorize communities. Rape and sexual assault are used as tools of war in conflict zones, including the Democratic Republic of Congo, Iraq, Syria, Afghanistan, Colombia, and South Sudan. (13) Child and forced marriage— (A) is a harmful practice that deprives girls and women of their dignity and rights and creates barriers to development for communities and countries; (B) is projected to affect more than 140,000,000 girls around the world who have been or will be forced into marriage between 2011 and 2020; (C) can prematurely end girls’ education, increase vulnerability to gender-based violence, and significantly raise the risk of maternal and infant morbidity or mortality, including the risk of obstetric fistula and sexually transmitted diseases, including HIV/AIDS; and (D) is perpetuated by poverty, a lack of educational or employment opportunities for girls, a lack of legal policies and enforcement of laws, and religious, cultural, and social factors related to girls’ perceived lack of value, factors which become particularly acute in conflict and disaster settings where fears of sexual violence and overstretched coping mechanisms often drive child and forced marriage. (14) The harmful practice of female genital mutilation/cutting (FGM/C) is carried out most often on girls between infancy and 15 years of age and has impacted more than 125,000,000 girls and women around the world who are alive today. FGM/C can cause long-term health problems, including infertility, complications in childbirth, and increased risk of newborn deaths. (15) World Bank data shows that gender inequality directly corresponds to increased levels of political and economic instability within states. Gender-based violence impedes women’s meaningful participation in social, political, and economic spheres, which is essential to the stability and democratization of a country. Since women disproportionately experience gender-based violence during conflict and post-conflict reconstruction, they can play a pivotal role in preventing, mitigating, and resolving conflict, and countering extremism. (16) Gender-based violence is a contributing factor to human trafficking. Experts in the field have reported that women and girls who have experienced gender-based violence and live in societies that tolerate severe gender discrimination appear to be more vulnerable to being trafficked. Comprehensive efforts to reduce human trafficking must include efforts to prevent and respond to gender-based violence due to the intertwined relationship of the two crimes. (17) Faith-based organizations and faith leaders are key partners in the ongoing efforts to prevent and respond to gender-based violence. When properly engaged and equipped with knowledge and resources, such organizations and leaders can play a significant part in changing behaviors and norms and reducing gender-based violence. Particularly in countries that lack effective legal frameworks to address gender-based violence, such faith-based organizations and faith leaders have the standing and authority to address harmful practices, such as child marriage, intimate partner abuses, and acid throwing. 3. Statement of policy It is the policy of the United States— (1) to take effective action to prevent and respond to gender-based violence around the world as a matter of basic human rights and to promote gender equality, economic growth, and improved public health; (2) to systematically integrate and coordinate efforts to prevent and respond to gender-based violence internationally into United States foreign policy and foreign assistance programs, including peace-building efforts and humanitarian relief and recovery; (3) to support and build local capacity in developing countries, including the capacity of governments at all levels, nongovernmental organizations, especially women-led organizations, to prevent and respond to gender-based violence; (4) to consult, cooperate, coordinate, and collaborate with a wide variety of nongovernmental partners with demonstrated experience in preventing and responding to gender-based violence, including faith-based organizations and women-led organizations; (5) to employ a multisectoral approach to preventing and responding to gender-based violence internationally, including activities in the economic, education, health, nutrition, legal, and judicial sectors; (6) to work at all levels, from the individual to the family, community, local, national, and international levels, to prevent and respond to gender-based violence around the world; (7) to enhance training by United States personnel of professional foreign military and police forces, judicial officials, and other public justice system officials, including prosecutors, including specific and thorough instruction on preventing and responding to gender-based violence around the world; (8) to engage men and boys as partners, as an essential element of making sustained reductions in gender-based violence; (9) to include the prevention of child and forced marriage as an important part of United States Government efforts to prevent violence against girls and promote gender equality and global health; (10) to require that all United States contractors and grantees establish appropriate policies and take effective measures to prevent gender-based violence and sexual exploitation and abuse, including within the workforce; (11) to exert sustained international leadership to prevent and respond to gender-based violence, including in bilateral and multilateral fora; and (12) to implement a strategy to prevent and respond to gender-based violence globally. I United States strategy to prevent and respond to gender-based violence globally 101. Global strategy requirement (a) In general Not later than 180 days after the date of the enactment of this Act, and every 4 years thereafter, the Ambassador-at-Large for Global Women’s Issues at the Department of State appointed pursuant to section 201 (referred to in this section as the Ambassador-at-Large ), in consultation with the Senior Coordinator for Gender Equality and Women’s Empowerment at the United States Agency for International Development appointed pursuant to section 202 (referred to in this section as the Senior Coordinator ), shall— (1) develop or update, in consultation with civil society, including service providers, a United States global strategy to prevent and respond to gender-based violence, using evidence-based interventions and standards that address the root causes of, and provide comprehensive responses to, gender-based violence; (2) submit the strategy under paragraph (1) to the appropriate congressional committees for comment and review; and (3) make the strategy publicly available on the internet. (b) Initial strategy For the purposes of this section, an existing United States strategy to prevent and respond to gender-based violence may be deemed to fulfill the initial requirement under subsection (a). (c) Collaboration and coordination In developing the strategy under subsection (a), the Ambassador-at-Large and the Senior Coordinator shall consult with— (1) the heads of relevant Federal agencies; (2) the Senior Policy Operating Group on Trafficking in Persons; and (3) representatives of civil society, including nongovernmental organizations, faith-based organizations, multilateral organizations, local and international civil society groups, and local service providers and beneficiaries with demonstrated experience in addressing gender-based violence or promoting gender equality internationally. (d) Use of funds Amounts appropriated or otherwise made available to carry out the activities under this section shall be subject to all applicable restrictions under Federal law. (e) Rule of construction Nothing in this section may be construed to authorize any additional appropriations to carry out the strategy under subsection (a). II Oversight and Accountability 201. Definitions In this title: (1) Agency The term Agency means the United States Agency for International Development. (2) Ambassador The term Ambassador means the Ambassador-at-Large for Global Women’s Issues appointed by the President pursuant to section 202(a). (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Appropriations of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Appropriations of the House of Representatives . (4) Gender analysis The term gender analysis — (A) means a socioeconomic analysis of available or gathered quantitative and qualitative information to identify, understand, and explain gaps between men and women, which typically involves examining— (i) differences in the status of women and men and differential access to and control over assets, resources, education, opportunities, and services; (ii) the influence of gender roles, structural barriers, and norms on the division of time between paid, unpaid work (including the subsistence production and care for family members), and volunteer activities; (iii) the influence of gender roles, structural barriers, and norms on leadership roles and decision making; constraints, opportunities, and entry points for narrowing gender gaps and empowering women; and (iv) potential differential impacts of development policies and programs on men and women, including unintended or negative consequences; and (B) includes conclusions and recommendations to enable development policies and programs— (i) to narrow gender gaps; and (ii) to improve the lives of women and girls. (5) Office The term Office means the Office of Global Women's Issues established by the Secretary of State pursuant to section 202(a). (6) Senior coordinator The term Senior Coordinator means the Senior Coordinator for Gender Equality and Women’s Empowerment at the Agency. 202. Office of Global Women’s Issues (a) Establishment The Secretary of State shall establish in the Office of the Secretary of the Department of State the Office of Global Women’s Issues. The Office shall be headed by an Ambassador-at-Large for Global Women’s Issues, who shall be appointed by the President, by and with the advice and consent of the Senate. The Ambassador shall report directly to the Secretary and shall have the rank and status of Ambassador-at-Large. (b) Purpose In addition to the duties described in subsection (c) and duties determined by the Secretary of State, the Ambassador shall coordinate efforts of the United States Government as directed by the Secretary regarding approaches that promote equality and advance the status of women and girls in United States foreign policy. (c) Duties (1) In general The Ambassador— (A) in consultation with the Senior Coordinator, shall direct activities, policies, programs, and funding relating to gender equality and the advancement of women and girls internationally, including those intended to prevent and respond to gender-based violence, for all bureaus and offices of the Department of State; (B) shall actively promote and advance the integration of gender analysis into the programs, structures, processes, and capacities of bureaus and offices of the Department of State and in the international programs of other Federal agencies; (C) shall direct United States Government resources, as appropriate, to respond to needs for promoting gender equality and the empowerment of women in United States Government foreign policies and international programs, including to prevent and respond to gender-based violence internationally; (D) may design, support, and implement activities regarding empowerment of women internationally, including for the prevention of and response to gender-based violence internationally; (E) shall conduct regular consultation with civil society organizations working to prevent and respond to gender-based violence internationally; (F) shall ensure that programs, projects, and activities designed to prevent and respond to gender-based violence internationally are subject to rigorous monitoring and evaluation, and that there is a uniform set of indicators and standards for such monitoring and evaluation that is used across all Federal agencies; (G) shall serve as the principal advisor to the Secretary of State regarding gender equality, women’s empowerment, and gender-based violence as a foreign policy matter; and (H) is authorized to represent the United States in diplomatic and multilateral fora on matters relevant to the status of women and girls, including gender-based violence internationally. (2) Information sharing and transparency The Office— (A) shall be the central repository of data on all United States programs, projects, and activities that relate to prevention and response to gender-based violence around the world; and (B) shall produce a full accounting of United States Government spending on such programs, projects, and activities. 203. Senior Coordinator for Gender Equality and Women’s Empowerment (a) Establishment There is established in the Agency the position of Senior Coordinator for Gender Equality and Women’s Empowerment. The Senior Coordinator shall— (1) report to the Administrator of the Agency; and (2) conduct duties as directed by the Administrator to promote the purposes of this Act. (b) In general The Senior Coordinator— (1) in consultation with the Ambassador, shall coordinate activities, policies, programs, and funding of the Agency relating to gender equality and women’s empowerment, including those intended to prevent and respond to gender-based violence; (2) shall actively promote and advance the integration of gender analysis into the programs, structures, processes, and capacities of all bureaus and offices of the Agency as dictated by the Agency’s Gender Equality and Female Empowerment Policy; (3) shall coordinate Agency resources for gender equality and women’s empowerment, including to prevent and respond to gender-based violence internationally; (4) may design, support, and implement activities led by the Agency regarding gender equality and women’s empowerment, including for the prevention and response to gender-based violence internationally; (5) shall conduct regular consultation with civil society organizations working to prevent and respond to gender-based violence internationally; (6) shall serve as the principal advisor to the Administrator regarding gender equality, women’s empowerment, and gender-based violence; and (7) shall track and analyze monitoring and evaluation data and findings on international prevention and response programs of the Agency, consistent with Agency-wide monitoring and evaluation activities, to assist in the preparation of the comprehensive strategy developed under section 101(a). 204. Briefing Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Ambassador and the Senior Coordinator shall provide, to the appropriate congressional committees— (1) a briefing on international gender-based violence prevention and response strategies, programming, and associated outcomes; and (2) an assessment of human and financial resources necessary to fulfill the purposes and duties under this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5242is/xml/BILLS-117s5242is.xml |
117-s-5243 | II 117th CONGRESS 2d Session S. 5243 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Coons (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 36, United States Code, to designate March 9 as U.S. Hostage and Wrongful Detainee Day and to designate the Hostage and Wrongful Detainee flag as an official symbol to recognize citizens of the United States held as hostages or wrongfully detained abroad.
1. Short title This Act may be cited as the U.S. Hostage and Wrongful Detainee Day Act of 2022 . 2. Designation (a) Hostage and Wrongful Detainee Day (1) In general Chapter 1 of title 36, United States Code, is amended— (A) by redesignating the second section 146 (relating to Choose Respect Day) as section 147; and (B) by adding at the end the following: 148. U.S. Hostage and Wrongful Detainee Day (a) Designation March 9 is U.S. Hostage and Wrongful Detainee Day. (b) Proclamation The President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities. . (2) Technical and conforming amendment The table of sections for chapter 1 of title 36, United States Code, is amended by striking the item relating to the second section 146 and inserting the following new items: 147. Choose Respect Day. . 148. U.S. Hostage and Wrongful Detainee Day. . (b) Hostage and Wrongful Detainee flag (1) In general Chapter 9 of title 36, United States Code, is amended by adding at the end the following new section: 904. Hostage and Wrongful Detainee flag (a) Designation The Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully detained abroad. (b) Required display (1) In general The Hostage and Wrongful Detainee flag shall be displayed at the locations specified in paragraph (3) on the days specified in paragraph (2). (2) Days specified The days specified in this paragraph are the following: (A) U.S. Hostage and Wrongful Detainee Day, March 9. (B) Flag Day, June 14. (C) Independence Day, July 4. (D) Any day on which a citizen or lawful permanent resident of the United States— (i) returns to the United States from being held hostage or wrongfully detained abroad; or (ii) dies while being held hostage or wrongfully detained abroad. (3) Locations specified The locations specified in this paragraph are the following: (A) The Capitol. (B) The White House. (C) The buildings containing the official office of— (i) the Secretary of State; and (ii) the Secretary of Defense. (c) Display To be in a manner visible to the public Display of the Hostage and Wrongful Detainee flag pursuant to this section shall be in a manner designed to ensure visibility to the public. (d) Limitation This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the Hostage and Wrongful Detainee flag. . (2) Technical and conforming amendment The table of sections for chapter 9 of title 36, United States Code, is amended by adding at the end the following: 904. Hostage and Wrongful Detainee flag. . | https://www.govinfo.gov/content/pkg/BILLS-117s5243is/xml/BILLS-117s5243is.xml |
117-s-5244 | II Calendar No. 641 117th CONGRESS 2d Session S. 5244 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Lee (for himself, Mr. Braun , Mr. Scott of Florida , and Mr. Johnson ) introduced the following bill; which was read the first time December 14, 2022 Read the second time and placed on the calendar A BILL Making continuing appropriations for fiscal year 2023, extending various health programs, and for other purposes.
1. Short title This Act may be cited as the Continuing Appropriations and Health Extenders Act of 2022 . I Continuing appropriations 101. Extension of appropriations Section 106(3) of division A of the Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023 ( Public Law 117–180 ; 136 Stat. 2116) is amended by striking December 16, 2022 and inserting February 3, 2023 . 102. PAYGO report Notwithstanding subsection (a) of section 5 of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 934 ), the Office of Management and Budget shall make publicly available the annual PAYGO report required under such subsection for 2022 and prepare any order required under subsection (b) of such section not later than February 4, 2023. II Extensions, Technical Corrections, and Other Matters 201. Extension of FCC Auction Authority Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) ) is amended by striking December 16, 2022 and inserting February 3, 2023 . 202. Extension of Authorization for Special Assessment for Domestic Trafficking Victims’ Fund Section 3014(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking December 16, 2022 and inserting February 3, 2023 . 203. Extension of Commodity Futures Trading Commission Customer Protection Fund Expenses Account Section 1(b) of Public Law 117–25 (135 Stat. 297) is amended by striking December 16, 2022 each place it appears and inserting February 3, 2023 . III Health and Human Services Extensions A Medicare and Medicaid 301. Extension of increased inpatient hospital payment adjustment for certain low-volume hospitals (a) In general Section 1886(d)(12) of the Social Security Act ( 42 U.S.C. 1395ww(d)(12) ) is amended— (1) in subparagraph (B), in the matter preceding clause (i), by striking December 17, 2022 and inserting February 4, 2023 ; (2) in subparagraph (C)(i)— (A) in the matter preceding subclause (I), by striking December 16, 2022 and inserting February 3, 2023 ; (B) in subclause (III), by striking December 16, 2022 and inserting February 3, 2023 ; (C) in subclause (IV), by striking December 17, 2022 and inserting February 4, 2023 ; and (3) in subparagraph (D)— (A) in the matter preceding clause (i), by striking December 16, 2022 and inserting February 3, 2023 ; and (B) in clause (ii), by striking December 16, 2022 and inserting February 3, 2023 . (b) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, including the amendments made by, this section by program instruction or otherwise. 302. Extension of the Medicare-dependent hospital (MDH) program (a) In general Section 1886(d)(5)(G) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(G) ) is amended— (1) in clause (i), by striking December 17, 2022 and inserting February 4, 2023 ; and (2) in clause (ii)(II), by striking December 17, 2022 and inserting February 4, 2023 . (b) Conforming amendments (1) Extension of target amount Section 1886(b)(3)(D) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3)(D) ) is amended— (A) in the matter preceding clause (i), by striking December 17, 2022 and inserting February 4, 2023 ; and (B) in clause (iv), by striking December 16, 2022 and inserting February 3, 2023 . (2) Permitting hospitals to decline reclassification Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 ( 42 U.S.C. 1395ww note) is amended by striking December 16, 2022 and inserting February 3, 2023 . 303. Extension of increased FMAPs for the territories Section 1905(ff) of the Social Security Act ( 42 U.S.C. 1396d(ff) ) is amended by striking December 16, 2022 each place it appears and inserting February 3, 2023 in each such place. B Human Services 311. Extension of maternal, infant, and early childhood home visiting programs Activities authorized by section 511 of the Social Security Act shall continue through February 3, 2023, in the manner authorized for fiscal year 2022, and out of any money in the Treasury of the United States not otherwise appropriated, there is hereby appropriated for such purpose an amount equal to the pro rata portion of the amount appropriated for such activities for fiscal year 2022. 312. Extension of child and family services programs Activities authorized by part B of title IV of the Social Security Act shall continue through February 3, 2023, in the manner authorized for fiscal year 2022, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. C Indian Health 321. Extension of moratorium relating to funds for health care services for certain Alaska Native villages Section 424(a) of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2014 ( Public Law 113–76 ; 128 Stat. 343; 132 Stat. 693;136 Stat. 2136) is amended by striking December 16, 2022 and inserting February 3, 2023 . IV Reauthorization of other provisions 401. Reauthorization of the best pharmaceuticals for children program Section 409I(d)(1) of the Public Health Service Act ( 42 U.S.C. 284m(d)(1) ) is amended by striking $5,273,973 for the period beginning on October 1, 2022 and ending on December 16, 2022 and inserting $8,630,138 for the period beginning on October 1, 2022, and ending on February 3, 2023 . 402. Reauthorization of the humanitarian device exemption incentive Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360j(m)(6)(A)(iv) ) is amended by striking December 17, 2022 and inserting February 4, 2023 . 403. Reauthorization of the pediatric device consortia program Section 305(e) of the Food and Drug Administration Amendments Act of 2007 ( Public Law 110–85 ; 42 U.S.C. 282 note) is amended by striking $1,107,534 for the period beginning on October 1, 2022, and ending on December 16, 2022 and inserting $1,812,328 for the period beginning on October 1, 2022, and ending on February 3, 2023 . 404. Reauthorization of provision pertaining to drugs containing single enantiomers Section 505(u)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(u)(4) ) is amended by striking December 17, 2022 and inserting February 4, 2023 . 405. Reauthorization of the critical path public-private partnership Section 566(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–5(f) ) is amended by striking $1,265,753 for the period beginning on October 1, 2022 and ending on December 16, 2022 and inserting $2,071,232 for the period beginning on October 1, 2022, and ending on February 3, 2023 . 406. Reauthorization of orphan drug grants Section 5(c) of the Orphan Drug Act ( 21 U.S.C. 360ee(c) ) is amended by striking $6,328,767 for the period beginning on October 1, 2022, and ending on December 16, 2022 and inserting $10,356,164 for the period beginning on October 1, 2022, and ending on February 3, 2023 . 407. Reauthorization of certain device inspections Section 704(g)(11) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 374(g)(11) ) is amended by striking December 17, 2022 and inserting February 4, 2023 . 408. Reauthorization of reporting requirements related to pending generic drug applications and priority review applications Section 807 of the FDA Reauthorization Act of 2017 ( Public Law 115–52 ) is amended, in the matter preceding paragraph (1), by striking December 16, 2022 and inserting February 3, 2023 .
December 14, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s5244pcs/xml/BILLS-117s5244pcs.xml |
117-s-5245 | II 117th CONGRESS 2d Session S. 5245 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To protect Americans from the threat posed by certain foreign adversaries using current or potential future social media companies that those foreign adversaries control to surveil Americans, learn sensitive data about Americans, or spread influence campaigns, propaganda, and censorship.
1. Short title This Act may be cited as the Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act or the ANTI-SOCIAL CCP Act . 2. Imposition of sanctions with respect to certain social media companies (a) In general On and after the date that is 30 days after the date of the enactment of this Act, the President shall exercise all the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et. seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a social media company described in subsection (b) if such property and interests in property— (1) are in the United States or come within the United States; or (2) to the extent necessary to prevent commercial operation of the social media company in the United States, are or come within the possession or control of a United States person. (b) Social media company described (1) In general A social media company described in this subsection is a social media company that meets one or more of the following conditions: (A) The company is domiciled in, headquartered in, has its principal place of business in, or is organized under the laws of a country of concern. (B) A country of concern, entity of concern, or some combination thereof, directly or indirectly owns, controls with the ability to decide important matters, or holds with power to vote, ten percent or more of the outstanding voting stock or shares of the company. (C) The company employs software or algorithms controlled or whose export is restricted by a country of concern or entity of concern. (D) The company is subject to substantial influence, directly or indirectly, from a country of concern or entity of concern owing to which— (i) the company shares or could be compelled to share data on United States citizens with a country of concern or entity of concern; or (ii) the content moderation practices of the company are subject to substantial influence from a country of concern or entity of concern. (2) Deemed companies The following companies shall be deemed to be social media companies described in this subsection as of the date of the enactment of this Act unless and until the date on which the President certifies to Congress that the company no longer meets any of the conditions described in paragraph (1): (A) Bytedance, Ltd. (B) TikTok. (C) A subsidiary of or a successor company to a company listed in subparagraph (A) or (B). (D) A company owned or controlled directly or indirectly by a company listed in subparagraph (A) or (B). (c) Exceptions (1) Intelligence activities Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Importation of goods (A) In general The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (d) Implementation, penalties, and inapplicability of certain provisions (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Inapplicability of certain provisions The requirements under section 202 and the limitations under section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1701 and 1702(b)) shall not apply for purposes of this section. (e) Severability If any provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (f) Definitions In this section: (1) Country of concern The term country of concern — (A) has the meaning given the term foreign adversary in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c)(2) ); and (B) includes the People’s Republic of China (including the Special Administrative Regions of China, including Hong Kong and Macau), Russia, Iran, North Korea, Cuba, and Venezuela. (2) Entity of concern The term entity of concern means— (A) a governmental body at any level in a country of concern; (B) the Armed Forces of a country of concern; (C) the leading political party of a country of concern; (D) an individual who is a national of a country of concern and is domiciled and living in a country of concern, and who is subject to substantial influence, directly or indirectly, from a country of concern; or (E) a private business or a state-owned enterprise domiciled in a country of concern or owned or controlled by a private business or state-owned enterprise domiciled in a country of concern. (3) Social media company The term social media company — (A) means any entity that operates, directly or indirectly, including through its parent company, subsidiaries, or affiliates, a website, desktop application, or mobile application that— (i) permits an individual or entity to create an account or profile for the purpose of generating, sharing, and viewing user-generated content through such account or profile; (ii) sells digital advertising space; (iii) has more than 1,000,000 monthly active users for a majority of months during the preceding 12 months; (iv) enables one or more users to generate content that can be viewed by other users of the website, desktop application, or mobile application; and (v) enables users to view content generated by other users of the website, desktop application, or mobile application; and (B) does not include an entity if the entity does not operate a website, desktop application, or mobile application except for a website, desktop application, or mobile application the primary purpose of which is— (i) to allow users to post product reviews, business reviews, or travel information and reviews; or (ii) to provide emergency alert services. | https://www.govinfo.gov/content/pkg/BILLS-117s5245is/xml/BILLS-117s5245is.xml |
117-s-5246 | II 117th CONGRESS 2d Session S. 5246 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish a National Development Strategy, and for other purposes.
1. Short title This Act may be cited as the National Development Strategy and Coordination Act of 2022 . 2. Definitions In this Act: (1) Appropriate congressional committee The term appropriate congressional committee means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Financial Services, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Country of concern The term country of concern means— (A) the People’s Republic of China and any other foreign government or foreign non-government person determined to be a foreign adversary under section 7.4 of title 15, Code of Federal Regulations, or any successor regulation; or (B) any country determined by the Secretary of Commerce, in consultation with the United States Trade Representative, the Secretary of Defense, and the Director of National Intelligence, to have inadequate safeguards in place to protect United States funds (or intellectual property developed using such funds) from theft or transfer to a foreign government or foreign non-government person described in subparagraph (A). (3) Entity of concern The term entity of concern means— (A) an entity headquartered in a country of concern; (B) an entity that is more than 25-percent owned by individuals or entities in countries of concern; (C) an entity on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly referred to as the SDN list ); (D) an entity on the Non-SDN Chinese Military-Industrial Complex Companies List— (i) established pursuant to Executive Order 13959 ( 50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of the enactment of this Act; and (ii) maintained by the Office of Foreign Assets Control; (E) a Chinese military company on the list required by section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 113 note); (F) an entity on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, or any successor regulation; (G) an entity that produces equipment or services on the list of communications equipment and services that pose an unacceptable risk to the national security of the United States or the security and safety of United States persons maintained by the Federal Communications Commission under section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 ); or (H) any entity that is majority owned or controlled by, or under common ownership or control with, an entity described in any of subparagraphs (A) through (G). 3. Establishment of the Interagency Committee for the coordination of National Development Financing Programs (a) Establishment There is established in the Executive Office of the President a Committee to be known as the Interagency Committee for the Coordination of National Development Financing Programs (referred to in this Act as the Committee ). (b) Membership (1) Composition The Committee shall consist of the following members: (A) The Secretary of Transportation or a designee of the Secretary. (B) The Secretary of Energy or a designee of the Secretary. (C) The Secretary of Commerce or a designee of the Secretary. (D) The Secretary of Labor or a designee of the Secretary. (E) The Secretary of the Treasury or a designee of the Secretary. (F) The Administrator of the Small Business Administration or a designee of the Administrator. (G) The Secretary of Defense or a designee of the Secretary. (H) The Director of National Intelligence or a designee of the Director. (I) The Secretary of Agriculture or a designee of the Secretary. (J) The United States Trade Representative or their designee. (K) The Chair of the Board of Governors of the Federal Reserve or a designee of the Chair, who shall serve as a nonvoting member. (L) The Secretary of the Treasury or a designee of the Secretary, who shall serve as the chair of the Committee. (2) Tie vote In the event of a tie vote, the vote of the chair of the Committee shall serve as the tie-breaker. (c) Duties The Committee— (1) shall submit to Congress the National Development Strategy described in subsection (d); (A) not later than 1 year after the date of enactment of this Act; and (B) not later than 1 year after January 20, 2024, and every 4 years thereafter, and in each such year not earlier than the latest date on which the budget of the President may be submitted to Congress under section 1105(a) of title 31, United States Code, submit to Congress the National Development Strategy described in subsection (d); and (2) shall identify economic sectors of the United States, regions of the United States, and, as necessary and supported by substantial evidence, projects or partnerships that advance the goals of the National Development Strategy described in subsection (d), to which financing assistance should be prioritized by member agencies of the Committee and should be provided or supported by the Federal Financing Bank. (d) National Development Strategy The Committee shall develop a publicly available (except for an allowable classified annex) National Development Strategy, which shall— (1) identify and address vulnerabilities in United States supply chains in industries critical to national security; (2) identify and address vulnerabilities and shortfalls in domestic manufacturing capabilities that threaten the ability of the United States to maintain a global advantage in innovation and manufacturing; (3) identify weaknesses and discuss opportunities to strengthen the broad industrial base of the United States, which may include— (A) strengthening supply chain resiliency; (B) supporting industries critical for the national security; (C) developing technologies that provide scientific or commercial value to the United States; (D) supporting job growth and development of critical manufacturing capabilities within the United States workforce; (E) supporting the development and adoption of innovative resource extraction technologies, including for renewable energy; and (F) supporting job growth and economic development in critical industries in communities designated as qualified opportunity zones under section 1400Z–1 of the Internal Revenue Code of 1986; (4) identify industries and regions in the United States that require assistance in order to address vulnerabilities and advance the goals described in paragraphs (1), (2), and (3); and (5) outline a strategic plan to promote investment in the industries described in paragraph (4), which shall include— (A) an estimate of the amount and nature of public financing needed to achieve the goals and address vulnerabilities described in paragraphs (1), (2), and (3); (B) an inventory of all Federal programs in existence as of the date of the National Development Strategy that are capable of providing the financing described in subparagraph (A), the level of investment from each such Federal program in the preceding 5-year period, and a detailed description of how each such program is advancing development goals in the United States; (C) recommendations as to how Federal agencies may, under existing Federal authorities, leverage and attract private investment to accomplish the goals described in this subsection; (D) recommendations, if applicable, on any changes to Federal financing programs, including changes to how financing decisions are prioritized or creation of new financing programs, that may be needed to advance the goals of the National Development Strategy; (E) directives to the Federal Financing Bank to accomplish the goals of the National Development Strategy; and (F) performance metrics to evaluate and monitor projects supported by the Federal Financing Bank in alignment with the National Development Strategy. (e) Advice and input The Committee shall seek the advice and input of industry partners, manufacturing policy experts, State and local development officials, and manufacturing worker interests when preparing the National Development Strategy described in subsection (d), including by— (1) holding not less than 4 public hearings per year, either virtually or in-person, during which industry representatives, worker groups, and regional representatives can provide insight into strategic development prioritization; and (2) establishing an Industry Advisory Board of not more than 10 members appointed by the President, which shall include— (A) an expert in industry competitiveness and national security; (B) a manufacturing trade association representative; (C) a representative of small business government contractors; (D) a manufacturing worker representative; (E) a representative from a private investment firm investing in critical industries and frontier technology; and (F) such other representatives as the President may appoint. (f) Assessment of National Development Strategy In January of each year in which the Committee does not submit a new National Development Strategy as required under subsection (d), the Committee shall submit to the appropriate congressional committees an assessment of the most recently published National Development Strategy, which shall include— (1) an accounting of any new investments made by the Federal Financing Bank or member agencies of the Committee in the preceding year, including ZIP Code, North American Industry Classification System code, and financing stage; (2) the performance of such investments, in accordance with performance metrics established by the Committee; (3) an assessment of the implementation of the National Development Strategy, including an assessment by each agency represented on the Committee, supported by sufficient evidence, of steps taken to align such agencies’ financing, research, and development activities with the goals of the National Development Strategy; and (4) a determination on whether or not an update is needed to the National Development Strategy as a result of a change in assumptions, geopolitical dynamics, or other factors. (g) Memorandum of coordination with Federal agencies engaged in investment and financing activities Not later than 1 year after the date of enactment of this Act, the Committee shall negotiate a memorandum of understanding among the Federal agencies represented on the Committee, which shall— (1) establish procedures for— (A) aligning their respective investment and financing authorities to ensure maximum efficiency and comply with the goals of the National Development Strategy; (B) resolving conflicts in cases of overlapping jurisdiction between their respective agencies; and (C) avoiding conflicting or duplicative operation of services. (2) be reviewed and updated annually in coordination with the submission of the assessment outlined in subsection (f). (h) Meetings The Committee shall meet regularly and as required by the President, but not less frequently than annually. (i) Strategic alignment Each Federal agency represented on the Committee shall— (1) consult on a regular basis the most recently published National Development Strategy described in subsection (d); and (2) to the extent practicable, give priority consideration to projects that align with the goals of the National Development Strategy when engaged in financing, research, and development activities. 4. Requirements of the Federal Financing Bank relating to the National Development Strategy (a) In general The Federal Financing Bank Act of 1973 ( 12 U.S.C. 2281 et seq. ) is amended by adding at the end the following: 21. Functions with respect to the Committee (a) In general The Bank shall carry out any directives made to the Bank by the Interagency Committee for the Coordination of National Development Financing Programs pursuant to subsections (c)(2) and (d)(5)(E) of section 3 of the National Development Strategy and Coordination Act of 2022 . (b) Activities Pursuant to subsection (a), the Bank is authorized, upon direction by the Interagency Committee for the Coordination of National Development Financing Programs, to— (1) issue securities that are backed by financing assistance through any member agency of the Committee; (2) purchase from the private market loans or other debt or equity instruments guaranteed in whole or in part by any member agency of the Committee; and (3) participate in agency loans or loan guarantees in an amount less than 100 percent of the principal amount of financing. (c) Purchase not for resale As directed by the Interagency Committee for the Coordination of National Development Financing Programs in accordance with the National Development Strategy established under section 3(d) of the National Development Strategy and Coordination Act of 2022 , the Bank may, as necessary, purchase not for resale to the private market any loans or other debt or equity instruments described in subsection (b)(2). 22. Secondary market operations Except as otherwise provided in the National Development Strategy and Coordination Act of 2022 , obligations purchased by the Bank may be resold in the secondary market in a similar manner to secondary market sales of Treasury notes. 23. Ombudsman The Board of Directors of the Bank shall designate an official as the Ombudsman who shall— (1) review investments made by the Bank on projects or partnerships identified by the Interagency Committee for the Coordination of National Development Financing Programs; (2) review the risk profiles and performance of any such projects or partnerships; (3) provide oversight relating to any such projects or partnerships; and (4) provide annually to the appropriate congressional committees a report detailing investments made by the Bank in projects or partnerships identified by the Committee described in paragraph (1), the performance of such investments, and any new or existing investments that may present cause for concern regarding the potential of repayment or lack of alignment with strategic directives. . (b) Federal Credit Reform Act If the Committee determines that a project or partnership receiving financial assistance through any member agency is investing in frontier technologies for which no reasonable market comparison exists, obligations purchased in connection with such project or partnership by the Federal Financing Bank under section 21 of the Federal Financing Bank Act of 1973, as added by subsection (a) of this section, shall not be subject to the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). 5. Authorization of appropriations for the Federal Financing Bank (a) In general There is authorized to be appropriated to the Federal Financing Bank, to remain available for 10 years after the date of distribution, to carry out projects and partnerships selected by the National Development Strategy established under section 3(d) of this Act— (1) for fiscal year 2023, $5,000,000,000; (2) for fiscal year 2024, $5,000,000,000; (3) for fiscal year 2025, $5,000,000,000; and (4) for fiscal year 2026, $5,000,000,000; (b) Set aside Not more than 2 percent of funds appropriated under this section shall be utilized for administrative costs, including the hiring of new staff to oversee and accomplish the functions of the Federal Financing Bank. (c) Sense of Congress It is the sense of Congress that the Federal Financing Bank should use amounts appropriated under this section as soon as possible. 6. Prohibitions and policy (a) Prohibition No funding or authorities provided under this Act may be used to support projects or partnerships with any entity of concern. (b) Policies Not later than 180 days after the date of enactment of this Act, the Committee shall establish policies to ensure that any support to projects or partnerships provided by the Federal Financing Bank in accordance with this Act— (1) includes assurances that no support provided in such project or partnership shall be used to expand operations in a country of concern; (2) includes protections to ensure against transfer of intellectual property to countries of concern; and (3) includes requirements that any firm participating in a project or partnership funded by this Act disclose any affiliate, parent company, or subsidiary located in a country of concern. | https://www.govinfo.gov/content/pkg/BILLS-117s5246is/xml/BILLS-117s5246is.xml |
117-s-5247 | II 117th CONGRESS 2d Session S. 5247 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To enforce the Sixth Amendment right to the assistance of effective counsel at all stages of the adversarial process, to confer jurisdiction upon the district courts of the United States to provide declaratory and injunctive relief against systemic violations of such right, and for other purposes.
1. Short title This Act may be cited as the Equal Justice Under Law Act of 2022 . 2. Effective assistance of counsel (a) In general An indigent individual facing criminal prosecution or juvenile delinquency in a State court shall be entitled to the effective assistance of counsel, as guaranteed by the Sixth Amendment and the 14th Amendment to the Constitution of the United States, at the expense of the State. (b) Delegation Each State shall secure effective assistance of counsel for indigent defendants, regardless of whether the State delegates fiscal or administrative authority over the indigent defense function to a political subdivision of the State. (c) Ineffective assistance For purposes of this section, the assistance of counsel is ineffective if the performance of counsel was not reasonable under prevailing professional norms. 3. Remedy (a) Class action authorized (1) In general If a State official or 1 or more political subdivisions of the State fails on a systemic basis to guarantee the right to the assistance of effective counsel as guaranteed by the Sixth Amendment and the 14th Amendment to the Constitution of the United States, including delay of counsel and denial of counsel at critical stages including bail hearings, an individual aggrieved by a violation of section 2 may commence a civil class action in an appropriate district court of the United States to seek declaratory, injunctive, or other equitable relief. (2) Evidence To prevail in a class action described in paragraph (1), structural evidence, such as statistics and national standards, may be probative of the existence of systemic denials of counsel and may be sufficient evidence, if the trier of fact is persuaded by a preponderance of all evidence presented at trial. (b) Attorney’s fees In any action or proceeding under this section, the court, in its discretion, may allow the prevailing party, other than a named official of a State or political subdivision of a State, a reasonable attorney’s fee as part of the costs. In awarding an attorney’s fee under this subsection, the court, in its discretion, may include expert fees as part of the attorney’s fee. (c) Savings provision Nothing in this section shall restrict any right that any individual has under any other statute or under common law to seek redress for a violation of the right to counsel. 4. Edward Byrne Memorial Justice Assistance Grant Program Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3751(b) ) is amended by inserting , in consultation with public defenders, before may . | https://www.govinfo.gov/content/pkg/BILLS-117s5247is/xml/BILLS-117s5247is.xml |
117-s-5248 | II 117th CONGRESS 2d Session S. 5248 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the training demonstration program, and for other purposes.
1. Short title This Act may be cited as the Mental Health Workforce for Kids Act . 2. Reauthorization of training demonstration program with provisions to strengthen the pediatric mental health care workforce Section 760 of the Public Health Service Act ( 42 U.S.C. 294k ) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) by striking nurse practitioners, physician assistants, health service psychologists, and social workers and inserting registered nurses and nurse practitioners, physician assistants, health service psychologists, counselors, social workers, and other health care providers (as the Secretary determines appropriate to provide trauma-informed, developmentally appropriate care for pediatric mental health, developmental, and substance use disorders) ; and (ii) by striking ; and and inserting a semicolon; (B) in paragraph (3)— (i) in subparagraph (A), by inserting or pediatric mental health and substance use disorder care after addiction ; and (ii) in subparagraph (B), by striking the period and inserting ; and ; and (C) by adding at the end the following: (4) training for provisionally licensed mental health and substance use disorder professionals in underserved community-based settings. ; (2) in subsection (b)— (A) in paragraph (1)(A)(i)— (i) in subclause (l), by inserting or child and adolescent psychiatry after addiction medicine ; and (ii) in subclause (ll), by inserting or child and adolescent psychiatry after addiction medicine ; and (B) by adding at the end the following: (4) Support for provisionally-licensed providers A recipient of a grant under subsection (a)(4)— (A) shall use the grant funds to provide clinical training or to provide trainee support, including in the form of stipends, to individuals pursuing postgraduate supervised clinical training required for licensure to provide mental and behavioral health services, public health services, or primary care services, as appropriate; and (B) may use the grant funds to provide additional support for the administration of the program or to meet the costs of projects to establish, maintain, or improve clinical supervision or departments, divisions, or other units necessary to implement such program. ; (3) in subsection (c)— (A) in paragraph (1)(A)(ii)(II), by inserting or child and adolescent psychiatry after addiction medicine ; (B) in paragraph (2)— (i) in subparagraph (E), by striking ; or and inserting a semicolon; (ii) in subparagraph (F), by striking nurse practitioners, physician assistants, health service psychologists, and social workers. and inserting registered nurses and nurse practitioners, physician assistants, health service psychologists, counselors, social workers, and other health care providers (as the Secretary determines appropriate to provide trauma-informed, developmentally appropriate care for pediatric mental health, developmental, and substance use disorders); or ; and (iii) by adding at the end the following: (G) a children’s hospital or children’s health system providing pediatric health services— (i) to a high percentage of children covered under a State Medicaid program under title XIX of the Social Security Act or a State Children's Health Insurance program under title XXI of such Act; or (ii) in a rural community. ; and (C) by adding at the end the following: (4) Support for provisionally-licensed providers To be eligible to receive a grant under subsection (a)(4), an entity shall be— (A) an accredited institution of higher education that provides clinical training to provisionally licensed professionals; (B) an accredited professional training program that provides clinical training to provisionally licensed professionals; or (C) a nonprofit private or public organization that provides clinical training to provisionally licensed professionals, as the Secretary determines appropriate. ; (4) in subsection (d)(1)(A)— (A) by striking nurse practitioners and inserting health service psychologists, counselors, registered nurses, nurse practitioners ; and (B) by inserting or pediatric mental health and substance use disorder care after addiction medicine ; and (5) in subsection (g), by striking $10,000,000 for each of fiscal years 2018 through 2022 and inserting such sums as may be necessary for each of fiscal years 2023 through 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s5248is/xml/BILLS-117s5248is.xml |
117-s-5249 | II 117th CONGRESS 2d Session S. 5249 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Barrasso (for himself and Mr. Whitehouse ) 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 encourage participation in advanced payment models.
1. Short title This Act may be cited as the Preserving Patient Access to Value-Based Care Act . 2. Advanced payment model incentive, participation, and threshold modifications (a) In general Section 1833(z) of the Social Security Act ( 42 U.S.C. 1395l(z) ) is amended— (1) in paragraph (1)(A), by striking 2024 and inserting 2026 ; and (2) in paragraph (2)(C)— (A) in clause (i), by striking 75 percent and inserting the applicable percent (as defined in clause (iv)) for such year ; (B) in clause (ii)(I)— (i) in the matter preceding item (aa), by striking 75 percent and inserting the applicable percent (as defined in clause (iv)) for such year ; and (ii) in item (bb)— (I) by striking and other than payments made under title XIX and inserting other than payments made under title XIX ; and (II) by striking State program under that title), and inserting State program under that title, and other than payments made by payers in which no payment or program meeting the requirements described in clause (iii)(II) is available from the payer for participation by the eligible professional) ; and (C) by adding at the end the following new clause: (iv) Applicable percent defined For purposes of clauses (i) and (ii), the term applicable percent means— (I) for 2025, a percent specified by the Secretary, but in no case less than 50 percent or more than 55 percent; and (II) for a subsequent year, a percent specified by the Secretary, but in no case less than the percent specified under this clause for the preceding year or more than 5 percentage points higher than the percent specified under this clause for such preceding year. . (b) Partial qualifying apm participant modifications Section 1848(q)(1)(C)(iii)(III) of the Social Security Act ( 42 U.S.C. 1395w–4(q)(1)(C)(iii)(III) ) is amended— (1) in item (aa), by striking 75 percent was instead a reference to 50 percent and inserting the applicable percent was instead a reference to 10 percentage points less than the applicable percent ; and (2) in item (bb)— (A) by striking 75 percent and inserting the applicable percent ; (B) by striking 50 percent and inserting 10 percentage points less than the applicable percent . | https://www.govinfo.gov/content/pkg/BILLS-117s5249is/xml/BILLS-117s5249is.xml |
117-s-5250 | II 117th CONGRESS 2d Session S. 5250 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Cornyn (for himself, Mr. King , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence A BILL To modify requirements for certain employment activities by former intelligence officers and employees of the intelligence community, and for other purposes.
1. Modification of requirements for certain employment activities by former intelligence officers and employees (a) In general Subsections (a) and (b) of section 304 of the National Security Act of 1947 ( 50 U.S.C. 3073a ) are amended to read as follows: (a) Post-Employment restrictions (1) Covered post-service position (A) Permanent restriction Except as provided by paragraph (2)(A)(i), an employee of an element of the intelligence community who occupies a covered intelligence position may not occupy a covered post-service position for a designated prohibited foreign country following the date on which the employee ceases to occupy a covered intelligence position. (B) Temporary restriction Except as provided by paragraph (2)(A)(ii), an employee of an element of the intelligence community who occupies a covered intelligence position may not occupy a covered post-service position during the 30-month period following the date on which the employee ceases to occupy a covered intelligence position. (2) Waiver (A) Authority to grant temporary waiver (i) Waivers of permanent restriction On a case-by-case basis, the Director of National Intelligence may temporarily waive the restriction in paragraph (1)(A) with respect to an employee or former employee who is subject to that restriction only after— (I) the employee or former employee submits to the Director a written application for such waiver in such form and manner as the Director determines appropriate; (II) the Director determines that not granting such waiver would result in a grave detrimental impact to current or future intelligence operations of the United States; and (III) the Director provides the congressional intelligence committees with a detailed justification stating why not granting such waiver would result in a grave detrimental impact to current or future intelligence operations of the United States. (ii) Waivers of temporary restriction On a case-by-case basis, the Director may temporarily waive the restriction in paragraph (1)(B) with respect to an employee or former employee who is subject to that restriction only after— (I) the employee or former employee submits to the Director a written application for such waiver in such form and manner as the Director determines appropriate; and (II) the Director determines that such waiver is necessary to advance the national security interests of the United States. (B) Period of waiver A waiver issued under subparagraph (A) shall apply for a period not exceeding 5 years. The Director may renew such a waiver. (C) Revocation The Director may revoke a waiver issued under subparagraph (A) to an employee or former employee, effective on the date that is 60 days after the date on which the Director provides the employee or former employee written notice of such revocation. (D) Tolling The 30-month restriction in paragraph (1)(B) shall be tolled for an employee or former employee during the period beginning on the date on which a waiver is issued under subparagraph (A) and ending on the date on which the waiver expires or on the effective date of a revocation under subparagraph (C), as the case may be. (E) Notification Not later than 30 days after the date on which the Director issues a waiver under subparagraph (A) or a revocation of a waiver under subparagraph (C), the Director shall submit to the congressional intelligence committees written notification of the waiver or revocation, as the case may be. Such notification shall include the following: (i) With respect to a waiver issued to an employee or former employee— (I) the details of the application, including the covered intelligence position held or formerly held by the employee or former employee; (II) the nature of the activities of the employee or former employee after ceasing to occupy a covered intelligence position; (III) a description of the national security interests that will be advanced by reason of issuing such waiver; and (IV) the specific reasons why the Director determines that issuing such waiver will advance such interests. (ii) With respect to a revocation of a waiver issued to an employee or former employee— (I) the details of the waiver, including any renewals of such waiver, and the dates of such waiver and renewals; and (II) the specific reasons why the Director determined that such revocation is warranted. (b) Covered post-Service employment reporting (1) Requirement During the period described in paragraph (2), an employee who ceases to occupy a covered intelligence position shall— (A) report covered post-service employment to the head of the element of the intelligence community that employed such employee in such covered intelligence position upon accepting such covered post-service employment; and (B) annually (or more frequently if the head of such element considers it appropriate) report covered post-service employment to the head of such element. (2) Period described The period described in this paragraph is the period beginning on the date on which an employee ceases to occupy a covered intelligence position. (3) Regulations The head of each element of the intelligence community shall issue regulations requiring, as a condition of employment, each employee of such element occupying a covered intelligence position to sign a written agreement requiring the regular reporting of covered post-service employment to the head of such element pursuant to paragraph (1). . (b) Definition of designated prohibited foreign country Subsection (g) of such section is amended— (1) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and (2) by inserting after paragraph (3) the following: (4) Designated prohibited foreign country The term designated prohibited foreign country means the following: (A) The People’s Republic of China. (B) The Russian Federation. (C) The Democratic People’s Republic of Korea. (D) The Islamic Republic of Iran. (E) The Republic of Cuba. (F) The Syrian Arab Republic. . (c) Additional written notice (1) In general Subsection (d) of such section is amended by adding at the end the following: (3) Written notice about restrictions The head of each element of the intelligence community shall provide written notice of the restrictions under subsection (a) to any person who may be subject to such restrictions on or after the date of enactment of the Intelligence Authorization Act for Fiscal Year 2023 — (A) when the head of the element determines that such person may become subject to such covered intelligence position restrictions; and (B) before the person ceases to occupy a covered intelligence position. . (2) Conforming amendment Paragraph (2) of such subsection is amended in the paragraph heading by adding about reporting requirements after Written notice . (d) Revised regulations (1) Definition of covered intelligence position In this subsection, (A) Congressional intelligence committees and intelligence community The terms congressional intelligence committees and intelligence community have the meanings given such terms in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (B) Covered intelligence position The term covered intelligence position has the meaning given such term by such section 304. (2) Submission Not later than 30 days after the date of the enactment of this Act, the head of each element of the intelligence community shall submit to the congressional intelligence committees new or updated regulations issued to carry out such section 304, as amended by subsections (a), (b), and (c) of this section. (3) Requirements The regulations issued under paragraph (1) shall— (A) include provisions that advise personnel of the intelligence community of the appropriate manner in which such personnel may opt out of positions that— (i) have been designated as covered intelligence positions before the effective date established in subsection (e) of this section; or (ii) may be designated as covered intelligence provisions before such designation becomes final; and (B) establish a period of not fewer than 30 days and not more than 60 days after receipt of the written notice required under paragraph (3) of subsection (d) of such section 304, as added by subsection (c)(1) of this section, within which such personnel may opt out of a covered intelligence position and the accompanying obligations imposed by subsection (a)(1)(A) of such section 304, as amended by subsection (a) of this section. (4) Certification Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees— (A) a written certification for each head of an element of the intelligence community who has issued new or updated regulations pursuant to paragraph (2); and (B) for each head of an element of the intelligence community who has not issued such new or updated regulations, an explanation for the failure to issue such new or updated regulations. (e) Effective date of permanent restrictions Subsection (a)(1)(A) of such section 304, as amended by subsection (a) of this section, shall apply only to persons who occupy a covered intelligence position on or after the date that is 45 days after the date on which new or updated regulations are issued under subsection (d)(2) of this section. (f) Repeal Section 402 of the Intelligence Authorization Act for Fiscal Year 1997 ( Public Law 104–293 ) is hereby repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s5250is/xml/BILLS-117s5250is.xml |
117-s-5251 | II 117th CONGRESS 2d Session S. 5251 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Markey (for himself, Mr. Blumenthal , and Mr. Merkley ) 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 direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to promote mental wellness and resilience and heal mental health, behavioral health, and psychosocial problems through age and culturally appropriate community programs, and award grants for the purpose of establishing, operating, or expanding community-based mental wellness and resilience programs, and for other purposes.
1. Short title This Act may be cited as the Community Mental Wellness and Resilience Act of 2022 . 2. Grant program for community mental wellness and resilience programs Title III of the Public Health Service Act is amended by inserting after section 317U ( 42 U.S.C. 247b–23 ) the following: 317V. Grant program for community wellness and resilience programs (a) Grants (1) Program grants (A) Awards The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in coordination with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, shall carry out a program of awarding grants to eligible entities, on a competitive basis, for the purpose of establishing, operating, or expanding community mental wellness and resilience programs. (B) Amount The amount of a grant under subparagraph (A) shall not exceed $4,000,000. (2) Planning grants (A) Awards The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in coordination with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, shall award grants to entities— (i) to organize a consortium that meets the requirements of subsection (c); (ii) to perform assessments of need with respect to community mental wellness and resilience; and (iii) to prepare an application for a grant under paragraph (1). (B) Amount The amount of a grant under subparagraph (A), with respect to any consortium to be organized for applying for a grant under paragraph (1), shall not exceed $15,000. (b) Program requirements A community mental wellness and resilience program funded pursuant to a grant under subsection (a)(1) shall take a public health approach to mental health to strengthen the entire community’s psychological and emotional wellness and resilience, including by— (1) collecting and analyzing information from residents, as well as quantitative data, to identify— (A) protective factors that enhance and sustain the community’s capacity for mental wellness and resilience; and (B) risk factors that undermine such capacity; (2) strengthening such protective factors and addressing such risk factors; (3) building awareness, skills, tools, and leadership in the community to— (A) facilitate using a public health approach to mental health; and (B) heal mental health and psychosocial problems among all adults and youth; and (4) developing, implementing, and continually evaluating and improving a comprehensive strategic plan for carrying out the activities described in paragraphs (1), (2) and (3) that includes— (A) evidence-based or promising best practices for— (i) enhancing local economic and environmental conditions and environmental resilience, including with respect to the built environment; (ii) becoming trauma-informed and learning simple self-administrable mental wellness and resilience skills; (iii) engaging in community activities that strengthen mental wellness and resilience; (iv) partaking in nonclinical group and community-minded recovery and healing programs; and (v) other activities to promote mental wellness and resilience, combat climate anxiety, and heal individual and community traumas; and (B) age-appropriate and culturally appropriate methods to engage people in building social connections. (c) Eligible entities (1) In general To be eligible to receive a grant under subsection (a)(1), an applicant shall be a nonprofit or community organization that has entered into, or will use planning funding awarded under subsection (a)(2) to enter into, a consortium with entities from at least 5 of the categories listed in paragraph (2). (2) Categories The categories listed in this paragraph are the following: (A) Grassroots groups, neighborhood associations, and volunteer civic organizations. (B) Elementary and secondary schools, institutions of higher education including community colleges, job-training programs, and other education or training agencies or organizations. (C) Youth after-school and summer programs. (D) Family and early childhood education programs. (E) Faith and spirituality organizations. (F) Senior care organizations. (G) Climate change mitigation and adaptation, and environmental conservation, groups and organizations. (H) Social and environmental justice groups and organizations. (I) Disaster preparedness and response groups and organizations. (J) Businesses and business associations. (K) Agencies and organizations involved with community safety. (L) Social work, mental health, behavioral health, substance use, physical health, and public health professionals; public health agencies and institutions; and mental health, behavioral health, social work, and other professionals, groups, organizations, agencies, and institutions in the health and human services fields. (M) The general public, including individuals who have experienced mental health or psychosocial problems who can represent and engage with populations relevant to the community. (d) Priority In awarding a grant under subsection (a)(1) or (a)(2), the Secretary shall give priority to applicants proposing to carry out a community mental wellness and resilience program that uses a public health approach to mental health to develop, implement, and continually evaluate and improve age and culturally appropriate education, skills training, and other services that use a strength-based approach to enhance the capacity for mental wellness and resilience for all types of toxic stresses and traumas among all adults and youth in the community. (e) Report (1) Submission Not later than the end of calendar year 2028, the Secretary shall submit a report to the Congress on the results of the grants under subsection (a)(1). (2) Contents Such report shall include a summary of the best practices used by grantees in establishing, operating, or expanding community mental wellness and resilience programs. (f) Definitions In this section: (1) The term public health approach to mental health refers to methods that— (A) take a population-level approach to promote mental wellness and resilience to prevent problems before they emerge and heal them when they do appear, not merely treating individuals one at a time after symptoms of pathology appear; and (B) address mental health and psychosocial problems by— (i) identifying and strengthening existing protective factors, and forming new ones, that buffer people from and enhance their capacity for psychological and emotional resilience; and (ii) taking a holistic systems perspective that recognizes that most mental health and psychosocial problems result from numerous interrelated personal, family, social, economic, and environmental factors that require multipronged community-based interventions. (2) The term community means people, groups, and organizations that reside in or work within a specific geographic area, such as a city, neighborhood, subdivision, urban, suburban, or rural locale. (3) The term community trauma means a blow to the basic fabric of social life that damages the bonds attaching people together, impairs their prevailing sense of community, undermines their fundamental sense of safety, justice, equity, and security, and heightens individual and collective fears and feelings of vulnerability. (4) The term protective factors means strengths, skills, resources, and characteristics that— (A) are associated with a lower likelihood of negative outcomes of adversities; or (B) reduce the impact on people of toxic stresses or a traumatic experience. (5) The term mental wellness means a state of well-being in which an individual can— (A) realize their own potential; (B) constructively cope with the stresses of life; (C) work productively and fruitfully; and (D) make a contribution to their community. (6) The term psychosocial problem refers to how an individual’s mental health or behavioral health problem disturbs others such as children, families, communities, or society. (7) The term resilience means that people develop cognitive, psychological, emotional capabilities and social connections that enable them to calm their body, mind, emotions, and behaviors during toxic stresses or traumatic experiences in ways that enable them to— (A) respond without negative consequences for themselves or others; and (B) use the experiences as catalysts to develop a constructive new sense of meaning, purpose, and hope. (8) The term toxic stress means exposure to a persistent overwhelming traumatic and stressful situations. (g) Authorization of appropriations To carry out this section, there is authorized to be appropriated $30,000,000 for the period of fiscal years 2024 through 2028. . | https://www.govinfo.gov/content/pkg/BILLS-117s5251is/xml/BILLS-117s5251is.xml |
117-s-5252 | II 117th CONGRESS 2d Session S. 5252 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Schatz (for himself, Mr. Blumenthal , Ms. Hirono , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty.
1. Short title This Act may be cited as the Right to Private Conduct Act of 2022 . 2. Definition In this Act, the term adult means an individual who has attained the lesser of— (1) 18 years or age; or (2) the minimum age at which an individual may consent to sexual conduct under applicable State law. 3. Protection of the right of adults to engage in private, non-commercial, consensual sexual conduct (a) In general No person acting under color of law may— (1) prevent an adult from engaging in private, non-commercial, consensual sexual conduct with another adult; (2) interfere with an adult engaging in private, non-commercial, consensual sexual conduct with another adult; or (3) intimidate, threaten, or retaliate against an adult because that adult has engaged or may engage in such conduct with another adult. (b) Enforcement For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ). (2) Section 241 of title 18, United States Code. (3) Section 242 of title 18, United States Code. (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ). (c) Clarification Subsection (a) shall not apply to any law (including any regulation) prohibiting public sexual conduct, forced or non-consensual sexual conduct, or sexual conduct with a minor. 4. Rules of construction (a) In general In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purpose of ensuring the right of an adult to engage in private, non-commercial, consensual sexual conduct with another adult. (b) Other laws Nothing in this Act shall be construed to invalidate, limit, or displace the rights, remedies, procedures, or legal standards available to individuals under Federal law, or to supersede State laws, that provide protections against discrimination beyond those provided in this Act. (c) Other individuals considered as acting under color of law Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. 5. Severability If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s5252is/xml/BILLS-117s5252is.xml |
117-s-5253 | II 117th CONGRESS 2d Session S. 5253 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the President to remove the extension of certain privileges, exemptions, and immunities to the Hong Kong Economic and Trade Offices if Hong Kong no longer enjoys a high degree of autonomy from the People’s Republic of China, and for other purposes.
1. Short title This Act may be cited as the Hong Kong Economic and Trade Office (HKETO) Certification Act . 2. Certification on whether to extend certain privileges, exemptions, and immunities to the Hong Kong Economic and Trade Offices in the United States (a) Certification required Not later than 30 days after the date of the enactment of this Act, and thereafter as part of each certification required by the Secretary of State under section 205(a)(1)(A) of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5725(a)(1)(A) ), the President shall submit to the appropriate congressional committees a certification that— (1) the Hong Kong Economic and Trade Offices— (A) merit extension and application of the privileges, exemptions, and immunities specified in subsection (b); or (B) no longer merit extension and application of the privileges, exemptions, and immunities specified in subsection (b); and (2) a detailed report justifying that certification. (b) Privileges, exemptions, and immunities specified The privileges, exemptions, and immunities specified in this subsection are the privileges, exemptions, and immunities extended and applied to the Hong Kong Economic and Trade Offices under section 1 of the Act entitled An Act to extend certain privileges, exemptions, and immunities to Hong Kong Economic and Trade Offices , approved June 27, 1997 ( 22 U.S.C. 288k ). (c) Effect of certification (1) Termination If the President certifies under subsection (a)(1)(B) that the Hong Kong Economic and Trade Offices no longer merit extension and application of the privileges, exemptions, and immunities specified in subsection (b), the Hong Kong Economic and Trade Offices shall terminate operations not later than 180 days after the date on which that certification is delivered to the appropriate congressional committees. (2) Continued operations If the President certifies under subsection (a)(1)(A) that the Hong Kong Economic and Trade Offices merit extension and application of the privileges, exemptions, and immunities specified in subsection (b), the Hong Kong Economic and Trade Offices may continue operations for the one-year period following the date of that certification or until the next certification required under section 205(a)(1)(A) of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5725(a)(1)(A) ) is submitted, whichever occurs first, unless a disapproval resolution is enacted under subsection (f). (d) Revocation of extension and application of privileges, exemptions, and immunities The President may revoke the extension and application to the Hong Kong Economic and Trade Offices of the privileges, exceptions, and immunities specified in subsection (b). (e) Termination of certification requirement If the Hong Kong Economic and Trade Offices terminate operations in the United States, whether pursuant to subsection (c) or otherwise, the President shall not issue additional certifications under subsection (a)(1) after the date on which those operations terminated. (f) Congressional review (1) Disapproval resolution In this subsection, the term disapproval resolution means only a joint resolution of either House of Congress— (A) the title of which is the following: A joint resolution disapproving the certification by the President that the Hong Kong Economic and Trade Offices continue to merit extension and application of certain privileges, exemptions, and immunities. ; and (B) the sole matter after the resolving clause of which is the following: Congress disapproves of the certification by the President under section 2(a)(1)(A) of the Hong Kong Economic and Trade Office (HKETO) Certification Act that the Hong Kong Economic and Trade Offices merit extension and application of certain privileges, exemptions, and immunities, on ___. , with the blank space being filled with the appropriate date. (2) Introduction A disapproval resolution may be introduced— (A) in the House of Representatives, by the majority leader or the minority leader; and (B) in the Senate, by the majority leader (or the majority leader’s designee) or the minority leader (or the minority leader’s designee). (3) Floor consideration in House of Representatives If a committee of the House of Representatives to which a disapproval resolution has been referred has not reported the resolution within 10 legislative days after the date of referral, that committee shall be discharged from further consideration of the resolution. (4) Consideration in Senate (A) Committee referral A disapproval resolution introduced in the Senate shall be referred to the Committee on Foreign Relations. (B) Reporting and discharge If the Committee on Foreign Relations of the Senate has not reported the resolution within 10 legislative days after the date of referral of the resolution, that committee shall be discharged from further consideration of the resolution and the resolution shall be placed on the appropriate calendar. (C) Proceeding to consideration Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Foreign Relations reports a disapproval resolution to the Senate or has been discharged from consideration of such a resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. (D) Rulings of the Chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a disapproval resolution shall be decided without debate. (E) Consideration of veto messages Debate in the Senate of any veto message with respect to a disapproval resolution, including all debatable motions and appeals in connection with the resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (5) Rules relating to Senate and House of Representatives (A) Treatment of Senate resolution in House In the House of Representatives, the following procedures shall apply to a disapproval resolution received from the Senate (unless the House has already passed a resolution relating to the same proposed action): (i) The resolution shall be referred to the appropriate committees. (ii) If a committee to which a resolution has been referred has not reported the resolution within 10 legislative days after the date of referral, that committee shall be discharged from further consideration of the resolution. (iii) Beginning on the third legislative day after each committee to which a resolution has been referred reports the resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (iv) The resolution shall be considered as read. All points of order against the resolution and against its consideration are waived. The previous question shall be considered as ordered on the resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the offeror of the motion to proceed (or a designee) and an opponent. A motion to reconsider the vote on passage of the resolution shall not be in order. (B) Treatment of House resolution in Senate (i) Received before passage of Senate resolution If, before the passage by the Senate of a disapproval resolution, the Senate receives an identical resolution from the House of Representatives, the following procedures shall apply: (I) That resolution shall not be referred to a committee. (II) With respect to that resolution— (aa) the procedure in the Senate shall be the same as if no resolution had been received from the House of Representatives; but (bb) the vote on passage shall be on the resolution from the House of Representatives. (ii) Received after passage of Senate resolution If, following passage of a disapproval resolution in the Senate, the Senate receives an identical resolution from the House of Representatives, that resolution shall be placed on the appropriate Senate calendar. (iii) No Senate companion If a disapproval resolution is received from the House of Representatives, and no companion resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the resolution from the House of Representatives. (C) Application to revenue measures The provisions of this subparagraph shall not apply in the House of Representatives to a disapproval resolution that is a revenue measure. (6) Rules of House of Representatives and Senate This paragraph is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (g) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Hong Kong Economic and Trade Offices The term Hong Kong Economic and Trade Offices has the meaning given that term in section 1(c) of the Act entitled An Act to extend certain privileges, exemptions, and immunities to Hong Kong Economic and Trade Offices , approved June 27, 1997 ( 22 U.S.C. 288k ). 3. Limitation on contracting relating to Hong Kong Economic and Trade Offices (a) In general On and after the date of the enactment of this Act, an entity of the United States Government may enter into an agreement or partnership with the Hong Kong Economic and Trade Offices to promote tourism, culture, business, or other matters relating to Hong Kong only if— (1) the President has submitted to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a certification under section 2(a)(1)(A) that the Hong Kong Economic and Trade Offices merit extension and application of certain privileges, exemptions, and immunities; and (2) a disapproval resolution under section 2(f) is not enacted during the 90-day period following the submission of that certification. (b) Certification (1) Existing agreements and partnerships Not later than 100 days after the date of the enactment of this Act, any entity of the United States Government or any entity that holds a current Federal contract with the United States Government that has in effect an agreement or partnership with the Hong Kong Economic and Trade Offices, shall submit to the Secretary of State and the Administrator of the General Services Administration a certification described in paragraph (3) with respect to each such agreement or partnership. (2) New agreements and partnerships Not later than 15 days after entering into an agreement or partnership with the Hong Kong Economic and Trade Offices, an entity of the United States Government or an entity that holds a current Federal contract with the United States Government shall submit to the Secretary of State and the Administrator of the General Services Administration a certification described in paragraph (3) with respect to that agreement or partnership. (3) Certification described With respect to an agreement or partnership with the Hong Kong Economic and Trade Offices, a certification described in this paragraph is a certification that the agreement or partnership does not promote efforts by the Government of the Hong Kong Special Administrative Region and the Government of the People’s Republic of China— (A) to justify the dismantling of the autonomy of Hong Kong and the freedoms and rule of law guaranteed by the Sino-British Joint Declaration of 1984; or (B) to portray within the United States the Government of the Hong Kong Special Administrative Region or the Government of the People’s Republic of China as protecting the rule of law or the human rights and civil liberties of the people of Hong Kong. (c) Hong Kong Economic and Trade Offices defined In this section, the term Hong Kong Economic and Trade Offices has the meaning given that term in section 1(c) of the Act entitled An Act to extend certain privileges, exemptions, and immunities to Hong Kong Economic and Trade Offices , approved June 27, 1997 ( 22 U.S.C. 288k ). 4. Policy of United States on promotion of autonomy of Government of the Hong Kong Special Administrative Region It is the policy of the United States— (1) to ensure that entities of the United States Government do not knowingly assist in the promotion of Hong Kong as a free and autonomous city or the Government of the Hong Kong Special Administrative Region as committed to protecting the human rights of the people of Hong Kong or fully maintaining the rule of law required for human rights and economic prosperity as long as the Secretary of State continues to certify under section 205(a)(1) of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5725(a)(1) ) that Hong Kong does not enjoy a high degree of autonomy from the People’s Republic of China and does not warrant treatment under the laws of the United States in the same manner as those laws were applied to Hong Kong before July 1, 1997; (2) to recognize that promotion of Hong Kong as described in paragraph (1) should be considered propaganda for the efforts of the People’s Republic of China to dismantle rights and freedom guaranteed to the residents of Hong Kong by the International Covenant on Civil and Political Rights and the Sino-British Joint Declaration of 1984; (3) to ensure that entities of the United States Government do not engage in or assist with propaganda of the People’s Republic of China regarding Hong Kong; and (4) to engage with the Government of the Hong Kong Special Administrative Region, through all relevant entities of the United States Government, seeking the release of political prisoners, the end of arbitrary detentions, the resumption of a free press and fair and free elections open to all candidates, and the restoration of an independent judiciary. | https://www.govinfo.gov/content/pkg/BILLS-117s5253is/xml/BILLS-117s5253is.xml |
117-s-5254 | II 117th CONGRESS 2d Session S. 5254 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Brown (for himself, Mr. Wicker , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the publication by the Secretary of Health and Human Services of physical activity recommendations for Americans.
1. Short title This Act may be cited as the Promoting Physical Activity for Americans Act . 2. Physical activity recommendations for Americans (a) Reports (1) In general Not later than December 31, 2029, and at least every 10 years thereafter, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall publish a report that provides physical activity recommendations for the people of the United States. Each such report shall contain physical activity information and recommendations for consideration and use by the general public, and shall be considered, as applicable and appropriate, by relevant Federal agencies in carrying out relevant Federal health programs. (2) Basis of recommendations The information contained in each report required under paragraph (1) shall be based on the most current evidence-based scientific and medical knowledge at the time the report is prepared, and shall include additional recommendations for population subgroups, such as children or individuals with disabilities, including information regarding engagement in appropriate physical activity and avoiding inactivity. (3) Update reports Not later than 5 years after the publication of the first report under paragraph (1), and at least every 10 years thereafter, the Secretary shall publish an updated report detailing evidence-based practices and highlighting continuing issues with respect to physical activity. The contents of reports under this paragraph may focus on a particular group, subsection, or other division of the general public or on a particular issue relating to physical activity. (b) Interaction with other recommendations Federal agencies proposing to issue physical activity recommendations that differ from the recommendations in the most recent report published under subsection (a)(1) shall, as applicable and appropriate, take into consideration the recommendations provided through reports issued under this Act. (c) Existing authority not affected This section is not intended to limit the support of biomedical research by any Federal agency or to limit the presentation or communication of scientific or medical findings or review of such findings by any Federal agency. (d) Limitation Notwithstanding any other provision of this Act, no physical fitness standard established under this Act shall be binding on any individual as a matter of Federal law or regulation. | https://www.govinfo.gov/content/pkg/BILLS-117s5254is/xml/BILLS-117s5254is.xml |
117-s-5255 | II 117th CONGRESS 2d Session S. 5255 IN THE SENATE OF THE UNITED STATES December 14, 2022 Ms. Warren (for herself, Mr. Braun , Mr. Lee , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To streamline the budget process at the Department of Defense.
1. Short title This Act may be cited as the Streamline Pentagon Budgeting Act of 2022 . 2. Repeal of reporting requirements related to unfunded priorities Chapter 9 of title 10, United States Code, is amended— (1) by repealing section 222a; (2) by repealing section 222b; and (3) in the table of sections at the beginning of the chapter, by striking the items relating to sections 222a and 222b. | https://www.govinfo.gov/content/pkg/BILLS-117s5255is/xml/BILLS-117s5255is.xml |
117-s-5256 | II 117th CONGRESS 2d Session S. 5256 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase students' and borrowers' access to student loan information within the National Student Loan Data System.
1. Short title This Act may be cited as the Simplifying Access to Student Loan Information Act of 2022 . 2. Amendment to the Truth in Lending Act (a) In general Section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) ) is amended by adding at the end the following: (12) National student loan data system (A) In general Each private educational lender shall— (i) submit to the Secretary of Education for inclusion in the National Student Loan Data System established under section 485B of the Higher Education Act of 1965 ( 20 U.S.C. 1092b ) information regarding each private education loan made by such lender that will allow for the electronic exchange of data between borrowers of private education loans and the System; and (ii) in carrying out clause (i), ensure the privacy of private education loan borrowers. (B) Information to be submitted The information regarding private education loans required under subparagraph (A) to be included in the National Student Loan Data System shall include the following if determined appropriate by the Secretary of Education: (i) The total amount and type of each such loan made, including outstanding interest and outstanding principal on such loan. (ii) The interest rate of each such loan made. (iii) Information regarding the borrower that the Secretary of Education determines is necessary to ensure the electronic exchange of data between borrowers of private education loans and the System. (iv) Information, including contact information, regarding the lender that owns the loan. (v) Information, including contact information, regarding the servicer that is handling the loan. (vi) Information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan. (vii) Information regarding any deferment or forbearance granted on the loan. (viii) The date of the completion of repayment by the borrower of the loan. (ix) Any other information determined by the Secretary of Education to be necessary for the operation of the National Student Loan Data System. (C) Update Each private educational lender shall update the information regarding private education loans required under subparagraph (A) to be included in the National Student Loan Data System on the same schedule as information is updated under the System under section 485B of the Higher Education Act of 1965 ( 20 U.S.C. 1092b ). . (b) Effective date The amendment made by subsection (a) shall apply to private education loans that are made for the 2023–2024 academic year or later. 3. Amendment to the Higher Education Act of 1965 Section 485B of the Higher Education Act of 1965 ( 20 U.S.C. 1092b ) is amended by adding at the end the following: (j) Private education loans (1) In general Not later than 1 year after the date of enactment of the Simplifying Access to Student Loan Information Act of 2022 , the National Student Loan Data System established pursuant to subsection (a) shall contain the information required to be included under section 128(e)(12) of the Truth in Lending Act ( 15 U.S.C. 1638(e)(12) ). (2) Cosigner Notwithstanding any other provision of law, the Secretary shall ensure that any cosigner of a private education loan for which information is included in the National Student Loan Data System— (A) is able to access the information in such System with respect to such private education loan in a separate account for such cosigner; and (B) does not have access to any information in such System with respect to any loan for which the cosigner has not cosigned. (3) Privacy The Secretary shall ensure that a private educational lender— (A) has access to the National Student Loan Data System only to submit information for such System regarding the private education loans of such lender; and (B) may not see information in the System regarding the loans of any other lender. (k) Repayment options Not later than 1 year after the date of enactment of the Simplifying Access to Student Loan Information Act of 2022 , the Secretary shall establish a functionality within the National Student Loan Data System established pursuant to subsection (a) that enables a student borrower of a loan made, insured, or guaranteed under this title to input information necessary for the estimation of repayment amounts under the various repayment plans available to the borrower of such loan to compare such repayment plans. . | https://www.govinfo.gov/content/pkg/BILLS-117s5256is/xml/BILLS-117s5256is.xml |
117-s-5257 | II 117th CONGRESS 2d Session S. 5257 IN THE SENATE OF THE UNITED STATES December 14, 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 extend the time during which a qualified disaster may have occurred for purposes of the special rules for personal casualty losses.
1. Extension of definition of qualified disaster for purposes of personal casualty loss rules (a) In general Paragraph (3) of section 304(b) of the Taxpayer Certainty and Disaster Tax Relief Act of 2020 is amended— (1) by striking this subsection, the term and inserting “this subsection— (A) In general The term , and (2) by adding at the end the following new subparagraph: (B) Extension For purposes of subparagraph (A), section 301(1)(A) shall be applied by substituting December 31, 2023 for the date which is 60 days after the date of the enactment of this Act . . (b) Effective date The amendments made by this section shall apply to areas with respect to which a major disaster was declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act on or after the date which is 60 days after the date of the enactment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. | https://www.govinfo.gov/content/pkg/BILLS-117s5257is/xml/BILLS-117s5257is.xml |
117-s-5258 | II 117th CONGRESS 2d Session S. 5258 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to provide that consumer room air cleaners are covered products to which certain energy conservation standards apply, and for other purposes.
1. Definitions Section 321 of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 ) is amended by adding at the end the following: (67) Consumer room air cleaner (A) In general The term consumer room air cleaner means a consumer product for improving air quality that— (i) is an electrically powered, self-contained, mechanically encased assembly; and (ii) contains means to remove, destroy, or deactivate particulates, volatile organic compounds, or microorganisms from the air. (B) Inclusions The term consumer room air cleaner includes— (i) conventional room air cleaners; and (ii) miscellaneous room air cleaners. (C) Exclusions The term consumer room air cleaner does not include— (i) a central air conditioner, room air conditioner, portable air conditioner, dehumidifier, or furnace (as those terms are defined in section 430.2 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this paragraph)); or (ii) a duct type device. (68) Conventional room air cleaner The term conventional room air cleaner means a consumer room air cleaner that— (A) is a portable or wall-mounted (fixed) unit; (B) plugs into an electrical outlet; (C) operates with a fan for air circulation; and (D) contains a means to remove, destroy, or deactivate particulates. (69) Duct type device The term duct type device means an air cleaner that— (A) is designed and marketed exclusively for use in and at adjoining ducts, including the plenum, of heating, air conditioning, and ventilating systems; and (B) is either cord-and-plug connected or permanently connected to the electrical supply source. (70) Miscellaneous room air cleaner The term miscellaneous room air cleaner means any consumer room air cleaner that is not a conventional room air cleaner. . 2. Coverage of consumer room air cleaners Section 322(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6292(a) ) is amended— (1) by redesignating paragraph (20) as paragraph (21); and (2) by inserting after paragraph (19) the following: (20) Consumer room air cleaners. . 3. Test procedures Section 323(b) of the Energy Policy and Conservation Act ( 42 U.S.C. 6293(b) ) is amended by adding at the end the following: (19) Conventional room air cleaners (A) For compliance with the standards under section 325(ii)(1), the test procedure shall be AHAM AC–7–2022, and section 6.2 of ANSI/AHAM AC–1–2020 for Dust CADR and section 5.2 of ANSI/AHAM AC–1–2020 for Smoke CADR may be applied for the calculation of PM 2.5 . (B) For compliance with the standards under section 325(ii)(2), the test procedure shall be AHAM AC–7–2022. (C) When considering amended standards for conventional room air cleaners that replace the standards under section 325(ii)(2), the Secretary shall consider amending the test procedure to include measurement of automatic mode, if such an inclusion would improve the accuracy of energy use measurements. . 4. Labeling Section 324(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6294(a) ) is amended— (1) in paragraph (1), by striking and (8) through (12) and inserting (8) through (12), and (20) ; and (2) in paragraph (5), by adding at the end the following: (D) The Commission shall not require compliance with labeling requirements under this section for conventional room air cleaners before December 31, 2025. . 5. Energy conservation standards Section 325 of the Energy Policy and Conservation Act ( 42 U.S.C. 6295 ) is amended— (1) in subsection (m)(4)(A)(i), by inserting consumer room air cleaners, after with respect to ; (2) by redesignating subsection (ii) as subsection (jj); and (3) by inserting after subsection (hh) the following: (ii) Conventional room air cleaners (1) In general The following standards shall apply to conventional room air cleaners manufactured during the period beginning on December 31, 2023 and ending on December 30, 2025: (A) A conventional room air cleaner with a measured PM 2.5 CADR of greater than 9 and less than 100 shall meet or exceed an IEF of 1.69 PM 2.5 CADR/Watt. (B) A conventional room air cleaner with a measured PM 2.5 CADR of greater than 99 and less than 150 shall meet or exceed an IEF of 1.90 PM 2.5 CADR/Watt. (C) A conventional room air cleaner with a measured PM 2.5 CADR of 150 or greater shall meet or exceed an IEF of 2.01 PM 2.5 CADR/Watt. (2) Subsequent standards The following standards shall apply to conventional room air cleaners manufactured on or after December 31, 2025: (A) A conventional room air cleaner with a measured PM 2.5 CADR of greater than 9 and less than 100 shall meet or exceed an IEF of 1.89 PM 2.5 CADR/Watt. (B) A conventional room air cleaner with a measured PM 2.5 CADR of greater than 99 and less than 150 shall meet or exceed an IEF of 2.39 PM 2.5 CADR/Watt. (C) A conventional room air cleaner with a measured PM 2.5 CADR of 150 or greater shall meet or exceed an IEF of 2.91 PM 2.5 CADR/Watt. . 6. Preemption Subsection (jj) of section 325 of the Energy Policy and Conservation Act ( 42 U.S.C. 6295 ) (as redesignated by section 5(2)) is amended— (1) in paragraph (1), by striking ; and at the end and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) beginning on December 31, 2023, to consumer room air cleaners, except that section 327(a)(1)(B) shall apply to consumer room air cleaners beginning on the date of enactment of this paragraph. . 7. Conforming amendments (a) Section 321(6)(B) of the Energy Policy and Conservation Act ( 42 U.S.C. 6291(6)(B) ) is amended by striking (20) and inserting (21) . (b) Section 324 of the Energy Policy and Conservation Act ( 42 U.S.C. 6294 ) is amended by striking (20) each place it appears (other than in subsection (a)(1) (as amended by section 4(1))) and inserting (21) . (c) Section 325 of the Energy Policy and Conservation Act ( 42 U.S.C. 6295 ) is amended by striking (20) each place it appears and inserting (21) . 8. Other air cleaners Nothing in this Act affects the authority of the Secretary of Energy to regulate air cleaners (as defined in section 430.2 of title 10 of the Code of Federal Regulations (as in effect on the date of enactment of this Act)), other than consumer room air cleaners (as defined in section 321 of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 )). | https://www.govinfo.gov/content/pkg/BILLS-117s5258is/xml/BILLS-117s5258is.xml |
117-s-5259 | II 117th CONGRESS 2d Session S. 5259 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require certain interactive computer services to adopt and operate technology verification measures to ensure that users of the platform are not minors, and for other purposes.
1. Short title This Act may be cited as the Shielding Children's Retinas from Egregious Exposure on the Net Act or the SCREEN Act . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) Over the 3 decades preceding the date of enactment of this Act, Congress has passed several bills to protect minors from access to online pornographic content, including title V of the Telecommunications Act of 1996 ( Public Law 104–104 ) (commonly known as the Communications Decency Act ), section 231 of the Communications Act of 1934 ( 47 U.S.C. 231 ) (commonly known as the Child Online Protection Act ), and the Children’s Internet Protection Act (title XVII of division B of Public Law 106–554 ). (2) With the exception of the Children's Internet Protection Act (title XVII of division B of Public Law 106–554 ), the Supreme Court of the United States has struck down the previous efforts of Congress to shield children from pornographic content, finding that such legislation constituted a compelling government interest but that it was not the least restrictive means to achieve such interest. In Ashcroft v. ACLU, 542 U.S. 656 (2004), the Court even suggested at the time that blocking and filtering software could conceivably be a primary alternative to the requirements passed by Congress. (3) In the nearly 2 decades since the Supreme Court of the United States suggested the use of blocking and filtering software , such technology has proven to be ineffective in protecting minors from accessing online pornographic content. The Kaiser Family Foundation has found that filters do not work on 1 in 10 pornography sites accessed intentionally and 1 in 3 pornography sites that are accessed unintentionally. Further, it has been proven that children are able to bypass blocking and filtering software by employing strategic searches or measures to bypass the software completely. (4) Additionally, Pew Research has revealed studies showing that only 39-percent of parents use blocking or filtering software for their minor’s online activities, meaning that 61-percent of children only have restrictions on their internet access when they are at school or at a library. (5) 17 States have now recognized pornography as a public health hazard that leads to a broad range of individual harms, societal harms, and public health impacts. (6) It is estimated that 80-percent of minors between the ages of 12 to 17 have been exposed to pornography, with 54-percent of teenagers seeking it out. The internet is the most common source for minors to access pornography with pornographic websites receiving more web traffic in the United States than Twitter, Netflix, Pinterest, and LinkedIn combined. (7) Exposure to online pornography has created unique psychological effects for minors, including anxiety, addiction, low self-esteem, body image disorders, an increase in problematic sexual activity at younger ages, and an increased desire among minors to engage in risky sexual behavior. (8) The Supreme Court of the United States has recognized on multiple occasions that Congress has a compelling government interest to protect the physical and psychological well-being of minors, which includes shielding them from indecent content that may not necessarily be considered obscene by adult standards. (9) Because blocking and filtering software has not produced the results envisioned nearly 2 decades ago, it is necessary for Congress to pursue alternative policies to enable the protection of the physical and psychological well-being of minors. (10) The evolution of our technology has now enabled the use of age verification technology that is cost efficient, not unduly burdensome, and can be operated narrowly in a manner that ensures only adults have access to a website’s online pornographic content. (b) Sense of Congress It is the sense of Congress that— (1) shielding minors from access to online pornographic content is a compelling government interest that protects the physical and psychological well-being of minors; and (2) requiring interactive computer services that are in the business of creating, hosting, or making available pornographic content to enact technological measures that shield minors from accessing pornographic content on their platforms is the least restrictive means for Congress to achieve its compelling government interest. 3. Definitions In this Act: (1) Child pornography; minor The terms child pornography and minor have the meanings given those terms in section 2256 of title 18, United States Code. (2) Commission The term Commission means the Federal Communications Commission. (3) Covered platform The term covered platform — (A) means an entity— (i) that is an interactive computer service; (ii) that— (I) is engaged in interstate or foreign commerce; or (II) purposefully avails itself of the United States market or a portion thereof; and (iii) for which it is in the regular course of the trade or business of the entity to create, host, or make available content that meets the definition of harmful to minors under paragraph (4) and that is provided by the entity, a user, or other information content provider, with the objective of earning a profit; and (B) includes an entity described in subparagraph (A) regardless of whether— (i) the entity earns a profit on the activities described in subparagraph (A)(iii); or (ii) creating, hosting, or making available content that meets the definition of harmful to minors under paragraph (4) is the sole source of income or principal business of the entity. (4) Harmful to minors The term harmful to minors , with respect to a picture, image, graphic image file, film, videotape, or other visual depiction, means that the picture, image, graphic image file, film, videotape, or other depiction— (A) (i) taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and (iii) taken as a whole, lacks serious, literary, artistic, political, or scientific value as to minors; (B) is obscene; or (C) is child pornography. (5) Information content provider; interactive computer service The terms information content provider and interactive computer service have the meanings given those terms in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (6) Sexual act; sexual contact The terms sexual act and sexual contact have the meanings given those terms in section 2246 of title 18, United States Code. (7) Technology verification measure The term technology verification measure means technology that— (A) employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor; and (B) prevents access by minors to any content on a covered platform. 4. Technology verification measures (a) Rule making The Commission shall— (1) not later than 30 days after the date of enactment of this Act, issue a notice of proposed rule making to require covered platforms to adopt and operate technology verification measures on the platform to ensure that— (A) users of the covered platform are not minors; and (B) minors are prevented from accessing any content on the covered platform that is harmful to minors; and (2) not later than 1 year after issuing the notice of proposed rule making under paragraph (1), issue the final rule. (b) Requirements The rule described in subsection (a) shall— (1) set the applicable verification standards and metrics to which a covered platform using a technology verification measure is required to adhere when determining whether it is more likely than not that a user of the covered platform is not a minor; (2) require covered platforms to— (A) adopt technology verification measures that adhere to the standards and metrics set by the Commission under paragraph (1); and (B) make publicly available the verification process that the covered platform is employing to comply with the requirements under this Act; (3) provide that requiring a user to confirm that the user is not a minor shall not be sufficient to satisfy the requirements under subparagraphs (A) and (B) of subsection (a)(1); (4) subject the Internet Protocol (IP) addresses of all users, including known virtual proxy network IP addresses, of a covered platform to the requirements described in subparagraphs (A) and (B) of subsection (a)(1) unless the covered platform (or third-party described in paragraph (6)), according to standards set by the Commission, determines based on available technology a user is not located within the United States; (5) permit covered platforms to choose the technology verification measure that ensures the verification of users in accordance with the standards and metrics set by the Commission under paragraph (1), provided that the technology verification measure employed by the covered platform prohibits a minor from accessing the platform or any information on the platform that is obscene, child pornography, or harmful to minors; (6) permit covered platforms to contract with a third-party to employ a technology verification measures, and provide that use of such a third-party shall not relieve the covered platform of the requirements under subparagraphs (A) and (B) of subsection (a)(1) or the enforcement actions described in section 6; (7) require the Commission to establish a process for each covered platform to submit only such documents or other materials as are necessary for the Commission to ensure full compliance with the requirements of the rule; and (8) require the Commission to— (A) conduct regular audits of covered platforms to ensure compliance with the requirements under this subsection; and (B) make public the terms and processes for the audits conducted under subparagraph (A), including the processes for any third-party conducting an audit on behalf of the Commission. (c) Compliance (1) Deadline Not later than 180 days after the date on which the final rule is issued under subsection (a)(2), each covered platform shall comply with the requirements under the final rule. (2) Appropriate documents, materials, and measures The Commission shall prescribe the appropriate documents, materials, or other measures required to ensure full compliance with the requirements of the final rule issued under subsection (a)(2). (d) Contracting with third parties The Commission may create a process to contract with independent third-party auditors to conduct regular audits on behalf of the Commission under subsection (b)(8). (e) Rule of construction Nothing in this section shall be construed to require a covered platform to submit any information that identifies, is linked to, or is reasonably linkable to a user of the covered platform or a device that is linked or reasonable linkable to a user of the covered platform. 5. Consultation requirements In issuing the rule required under section 4, the Commission shall consult with the following individuals, including with respect to the applicable standards and metrics for making a determination on whether it is more likely than not that a user of a covered platform is not a minor: (1) Individuals with experience in computer science and software engineering. (2) Individuals with experience in— (A) advocating for online child safety; or (B) providing services to minors who have been victimized by online child exploitation. (3) Individuals with experience in consumer protection and online privacy. (4) Individuals who supply technology verification measure products or have expertise in technology verification measure solutions. (5) Individuals with experience in data security and cryptography. 6. Civil penalty for violations (a) Notification If the Commission has a sound basis to conclude that a covered platform has violated the final rule issued under section 4, the Commission shall notify the covered platform with a brief description of the specific violation with recommended measures to correct the violation. (b) Penalty (1) In general A covered platform that has not provided evidence of compliance or corrected a violation that has been noticed by the Commission under subsection (a) within 72 hours of the receipt of such notice shall be subject to a civil penalty in an amount that is not more than $25,000 per violation. (2) Separate violations For the purposes of paragraph (1), each day of violation of the final rule issued under section 4 shall constitute a separate violation. (3) Appeal A covered platform may appeal any civil penalty issued by the Commission under this subsection in an appropriate district court of the United States. (4) Use of amounts Any amounts collected under this subsection shall be used by the Commission to carry out enforcement of the final rule issued under section 4. (c) Enforcement The Commission may— (1) file a claim in an appropriate district court of the United States to enforce this section; (2) seek a temporary or permanent injunction from an appropriate district court of the United States on such terms as the court deems reasonable to prevent or restrain a violation of the final rule issued under section 4; (3) after 30 days of non-compliance with section 4 and a demonstration of a lack of good faith on the part of the covered platform to comply with section 4, seek a permanent or temporary injunction to restrict the operation of the covered platform within the United States; and (4) after 30 days of non-compliance with section 4 and a demonstration of a lack of good faith on the part of the covered platform to comply with section 4, seek an order to allow the Commission to prohibit a covered platform from engaging in any online economic transactions within the United States. (d) Duration The terms of an injunction or an order issued under paragraph (2), (3), or (4) of subsection (c) with respect to a covered platform shall only be valid until such time as the covered platform demonstrates to the Commission full compliance with the requirements of the final rule issued under section 4. 7. GAO report Not later than 2 years after the date on which covered platforms are required to comply with the final rule issued under section 4(a)(2), the Comptroller General of the United States shall submit to Congress a report that includes— (1) an analysis of the effectiveness of the technology verification measures required under the final rule; (2) recommendations to the Commission for improvements to the final rule; and (3) recommendations to Congress on future legislative improvements. 8. Severability clause If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any other person or circumstance, shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s5259is/xml/BILLS-117s5259is.xml |
117-s-5260 | II 117th CONGRESS 2d Session S. 5260 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To define obscenity for purposes of the Communications Act of 1934, and for other purposes.
1. Short title This Act may be cited as the Interstate Obscenity Definition Act . 2. Defining obscenity (a) Definition (1) In general Section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ) is amended— (A) by redesignating paragraphs (38) through (59) as paragraphs (39) through (60), respectively; and (B) by inserting after paragraph (37) the following: (38) Obscene; obscenity (A) In general The term obscene or obscenity , when used in a manner or context that explicitly refers to, or could apply to, a picture, image, graphic image file, film, videotape, or other visual depiction, includes a picture, image, graphic image file, film, videotape, or other visual depiction that— (i) taken as a whole, appeals to the prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals, with the objective intent to arouse, titillate, or gratify the sexual desires of a person; and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value. (B) Sexual act; sexual contact For purposes of subparagraph (A), the terms sexual act and sexual contact have the meanings given those terms in section 2246 of title 18, United States Code. . (2) Technical and conforming amendment 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 section 3(55)(A) . (b) Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications Section 223(a)(1)(A) of the Communications Act of 1934 ( 47 U.S.C. 223(a)(1)(A) ) is amended, in the undesignated matter following clause (ii), by striking , with intent to abuse, threaten, or harass another person . | https://www.govinfo.gov/content/pkg/BILLS-117s5260is/xml/BILLS-117s5260is.xml |
117-s-5261 | II 117th CONGRESS 2d Session S. 5261 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect certain victims of human trafficking by expanding the authority of the Secretary of Homeland Security to grant such aliens continued presence in the United States.
1. Short title This Act may be cited as the Continued Presence Improvement Act . 2. Trafficking victims Section 107(c)(3) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(c)(3) ) is amended— (1) in subparagraph (A)— (A) in clause (i)— (i) by striking Federal ; (ii) by striking is and inserting may be ; (iii) by striking and may be a potential witness to such trafficking ; and (iv) by striking may permit the alien to remain in the United States to facilitate the investigation and and inserting may permit the continued presence of the alien in the United States for the duration of an investigation or ; (B) in clause (ii), by striking Federal law enforcement officials described in clause (i) and inserting law enforcement officials ; (C) in clause (iii)— (i) in the clause header, by striking Continuation of presence and inserting Civil action ; (ii) by striking shall and inserting may ; (iii) by striking described in clause (i) who and inserting who is a victim of a severe form of trafficking and ; and (iv) by adding at the end the following: Continued presence shall be extended beyond an investigation or prosecution described in clause (i) if the alien has a pending immigration benefit application until such application is approved, withdrawn, or denied, unless the Secretary determines that continued presence is no longer warranted. ; and (D) by adding at the end the following: (v) Employment authorization During the period the alien is authorized to remain in the United States under this paragraph, the Secretary of Homeland Security shall— (I) authorize the alien to engage in employment in the United States; and (II) provide the alien with an employment authorized endorsement or other appropriate work permit. (vi) Law enforcement official In this paragraph, the term law enforcement official means personnel from a Federal, State, tribal, territorial, or local law enforcement agency, labor agency, children’s protective services agency, or other civil, criminal, judicial or administrative authority that has the responsibility and authority for the detection, investigation, or prosecution of severe forms of trafficking in persons. (vii) Protection from immigration enforcement While a grant of continued presence is in effect under this paragraph, Federal law enforcement officials may only take civil immigration enforcement actions against an alien described in clause (i) or (iii)— (I) based on conduct committed after continued presence is authorized; or (II) following consultation with the law enforcement official who filed the application for continued presence. ; (2) in subparagraph (B)— (A) by striking Law enforcement and inserting the following: (i) Outside the united states Law enforcement ; (B) in clause (i), as redesignated, by striking subparagraph (A)(i) and inserting clause (i) or (iii) of subparagraph (A) ; and (C) by adding at the end the following: (ii) Inside the united states Law enforcement officials may submit written requests to the Secretary of Homeland Security for deferred action and employment authorization for certain relatives of any alien whose continued presence is permitted under clause (i) or (iii) of subparagraph (A). ; and (3) by amending subparagraph (C) to read as follows: (C) Law enforcement office policies, training, and material The Secretary of Homeland Security, the Secretary of State, the Secretary of Labor, the Secretary of Health and Human Services, the Attorney General, and the Commissioner of the Equal Employment Opportunity Commission shall— (i) develop policies and procedures for their respective agencies that encourage the use of and immediate application for continued presence by the respective agency upon identification of a victim of a severe form of trafficking in persons under subparagraph (A)(i) in appropriate cases; (ii) develop materials, in consultation with the Secretary of Homeland Security, to encourage and assist their respective Federal agency personnel and other law enforcement officials to request continued presence in appropriate cases; and (iii) distribute the materials developed pursuant to clause (ii) and provide training on such materials to their respective Federal agency personnel and other law enforcement officials. . | https://www.govinfo.gov/content/pkg/BILLS-117s5261is/xml/BILLS-117s5261is.xml |
117-s-5262 | II 117th CONGRESS 2d Session S. 5262 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow a credit against income tax for equity investments by angel investors.
1. Short title This Act may be cited as the Angel Tax Credit Act . 2. Angel investment tax credit (a) In general Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 30E. Angel investment tax credit (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified equity investments made by a qualified investor during the taxable year. (b) Limitation The amount of the credit allowed under subsection (a) for any taxpayer for any taxable year shall not exceed $250,000. (c) Qualified equity investment For purposes of this section— (1) In general The term qualified equity investment means any equity investment in a qualifying business entity if— (A) the aggregate amount of such investments made by the taxpayer during the taxable year is $25,000 or more, (B) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, and (C) such investment is designated for purposes of this section by the qualifying business entity. (2) Equity investment The term equity investment means— (A) any form of equity, including a general or limited partnership interest, common stock, preferred stock (other than nonqualified preferred stock as defined in section 351(g)(2)), with or without voting rights, without regard to seniority position and whether or not convertible into common stock or any form of subordinate or convertible debt, or both, with warrants or other means of equity conversion, and (B) any capital interest in an entity which is a partnership. (3) Redemptions A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. (d) Qualifying business entity For purposes of this section— (1) In general The term qualifying business entity means any domestic corporation or partnership if such corporation or partnership— (A) has its headquarters in the United States, (B) has gross revenues for the taxable year preceding the date of the qualified equity investment of less than $1,000,000, (C) employs less than 25 full-time equivalent employees as of the date of such investment, (D) has been in existence for less than 7 years as of the date of the qualified equity investment, (E) has more than 50 percent of the employees performing substantially all of their services in the United States as of the date of such investment, (F) is engaged in a high technology trade or business related to— (i) advanced materials, nanotechnology, or precision manufacturing, (ii) aerospace, aeronautics, or defense, (iii) biotechnology or pharmaceuticals, (iv) electronics, semiconductors, software, or computer technology, (v) energy, environment, or clean technologies, (vi) forest products or agriculture, (vii) information technology, communication technology, digital media, or photonics, (viii) life sciences or medical sciences, (ix) marine technology or aquaculture, (x) transportation, or (xi) any other high technology trade or business, as determined by the Secretary of the Treasury, and (G) has equity investments designated for purposes of this paragraph. (2) Designation of equity investments For purposes of paragraph (1)(G), an equity investment shall not be treated as designated if such designation would result in the aggregate amount which may be taken into account under this section with respect to equity investments in such corporation or partnership exceeds $2,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for the taxable year and all preceding taxable years. (e) Qualified investor For purposes of this section— (1) In general The term qualified investor means an accredited investor, as defined by the Securities and Exchange Commission. (2) Exclusion The term qualified investor does not include— (A) a person controlling at least 50 percent of the qualifying business entity, (B) any venture capital fund (within the meaning of section 203(l) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(l) )), or (C) any bank, savings association, loan association, trust company, insurance company, or similar entity whose business activities include making similar investments to investments of a venture capital fund (as so defined). (f) National limitation on amount of investments designated (1) In general There is an angel investment tax credit limitation of $500,000,000 for each of calendar years 2023 through 2027. (2) Allocation of limitation The limitation under paragraph (1) shall be allocated by the Secretary among qualified business entities selected by the Secretary. (3) Carryover of unused limitation If the angel investment tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2032. (g) Application with other credits (1) Business credit treated as part of general business credit Except as provided in paragraph (2), the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit (A) In general In the case of an individual who elects the application of this paragraph, for purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. (B) Carryforward of unused credit If the credit allowable under subsection (a) by reason of subparagraph (A) exceeds the limitation imposed by section 26(a) for such taxable year, reduced by the sum of the credits allowable under subpart A (other than this section) for such taxable year, such excess shall be carried to each of the succeeding 20 taxable years to the extent that such unused credit may not be taken into account under subsection (a) by reason of subparagraph (A) for a prior taxable year because of such limitation. (h) Special rules (1) Related parties For purposes of this section— (A) In general All related persons shall be treated as 1 person. (B) Related persons A person shall be treated as related to another person if— (i) the relationship between such persons would result in the disallowance of losses under section 267 or 707(b), or (ii) for purposes of subsection (e), the person is an individual who is the spouse of a lineal descendant of an individual described in subsection (e)(2)(A). (2) Basis For purposes of this subtitle, the basis of any investment with respect to which a credit is allowable under this section shall be reduced by the amount of such credit so allowed. This subsection shall not apply for purposes of sections 1202 and 1397B. (3) Recapture The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified equity investment which is held by the taxpayer less than 3 years, except that no benefit shall be recaptured in the case of— (A) transfer of such investment by reason of the death of the taxpayer, (B) transfer between spouses, (C) transfer incident to the divorce (as defined in section 1041) of such taxpayer, or (D) a transaction to which section 381(a) applies (relating to certain acquisitions of the assets of one corporation by another corporation). (i) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations— (1) which prevent the abuse of the purposes of this section, (2) which impose appropriate reporting requirements, and (3) which apply the provisions of this section to newly formed entities. . (b) Credit made part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986, as amended by Public Law 117–169 , is amended— (1) in paragraph (39), by striking plus ; (2) in paragraph (40), by striking the period at the end and inserting , plus ; and (3) by adding at the end the following new paragraph: (41) the portion of the angel investment tax credit to which section 30E(g)(1) applies. . (c) Conforming amendments (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (37), by striking the period at the end of paragraph (38) and inserting , and , and by inserting after paragraph (38) the following new paragraph: (39) to the extent provided in section 30E(h)(2). . (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 30E. Angel investment tax credit. . (d) Effective date The amendments made by this section shall apply to investments made after December 31, 2022, in taxable years ending after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s5262is/xml/BILLS-117s5262is.xml |
117-s-5263 | II 117th CONGRESS 2d Session S. 5263 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Merkley (for himself and Mr. Whitehouse ) 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 to create a national zero-emission vehicle standard, and for other purposes.
1. Short title This Act may be cited as the Zero-Emission Vehicles Act of 2022 or the ZEVs Act of 2022 . 2. National zero-emission vehicle standard Part A of title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. ) is amended by adding at the end the following: 220. National zero-emission vehicle standard (a) Definitions In this section: (1) Base quantity of new passenger vehicles The term base quantity of new passenger vehicles means the total quantity of new passenger vehicles delivered for sale by a vehicle manufacturer during the most recent model year. (2) Passenger vehicle The term passenger vehicle has the meaning given the term passenger motor vehicle in section 32101 of title 49, United States Code. (3) Qualified electric vehicle The term qualified electric vehicle means a passenger vehicle that is— (A) a new clean vehicle (as defined in section 30D(d) of the Internal Revenue Code of 1986); or (B) a new qualified fuel cell motor vehicle (as defined in section 30B(b)(3) of the Internal Revenue Code of 1986). (4) Retire The term retire , with respect to a zero-emission vehicle credit, means to disqualify the zero-emission vehicle credit for any subsequent use under this section, including sale, transfer, exchange, or submission in satisfaction of a compliance obligation. (5) Vehicle manufacturer (A) In general The term vehicle manufacturer means an entity that— (i) engaged in the manufacturing of new passenger vehicles; and (ii) sold not fewer than 100 new passenger vehicles to ultimate purchasers in the United States within the current or previous calendar year, either directly or through an affiliate, such as a dealer. (B) Exclusions The term vehicle manufacturer does not include— (i) a motor vehicle parts supplier; or (ii) a dealer. (6) Zero-emission vehicle The term zero-emission vehicle means a passenger vehicle that produces zero exhaust emissions of any criteria pollutant, precursor pollutant, or greenhouse gas, other than water vapor, in any mode of operation or condition, as determined by the Administrator. (b) Compliance For model year 2026 and each model year thereafter, each vehicle manufacturer shall meet the requirements of subsections (c) and (d) by submitting to the Administrator, not later than April 1 of the following calendar year, as applicable— (1) for a vehicle manufacturer that fails to meet the minimum required percentage of zero-emission vehicle sales for the applicable model year, as determined under subsection (c), a quantity of zero-emission vehicle credits sufficient to offset that excess, as determined by the Administrator; or (2) for a vehicle manufacturer that meets or exceeds the minimum required percentage of zero-emission vehicle sales for the applicable model year, as determined under subsection (c), a certification of that compliance, as the Administrator determines to be appropriate. (c) Minimum required annual percentage of zero-Emission vehicle credits For model years 2026 through 2035, in annual increments, the minimum annual percentage of the base quantity of new passenger vehicles of a vehicle manufacturer delivered for sale that are equivalent to zero-emission vehicles, based on the issuance of zero-emission vehicle credits, shall be the applicable percentage specified in the following table: Minimum Required Annual Percentage of Zero-Emission Vehicle Credits Model Year Percentage 2026 35.0 2027 43.0 2028 51.0 2029 59.0 2030 68.0 2031 76.0 2032 82.0 2033 88.0 2034 94.0 2035 100.0. (d) Requirement for 2035 and thereafter For model year 2035 and each model year thereafter, a vehicle manufacturer shall sell only zero-emission vehicles. (e) Zero-Emission vehicle credits (1) In general A vehicle manufacturer may satisfy the requirements of subsection (b) through the submission of zero-emission vehicle credits— (A) issued to the vehicle manufacturer under subsection (f); or (B) obtained by purchase, transfer, or exchange under subsection (g). (2) Limitation A zero-emission vehicle credit may be counted toward compliance with subsection (b) only once. (f) Issuance of zero-Emission vehicle credits (1) In general Not later than 2 years after the date of enactment of this section, the Administrator shall establish by rule a program— (A) to verify and issue zero-emission vehicle credits to vehicle manufacturers; (B) to track the sale, transfer, exchange, carry over, and retirement of zero-emission vehicle credits; and (C) to enforce the requirements of this section. (2) Application (A) In general A vehicle manufacturer that delivered for sale, either directly or through an affiliate, such as a dealer, a new zero-emission vehicle or a qualified electric vehicle in the United States may apply to the Administrator for the issuance of a zero-emission vehicle credit. (B) Eligibility To be eligible for the issuance of a zero-emission vehicle credit, a vehicle manufacturer shall demonstrate to the Administrator that the vehicle manufacturer delivered for sale 1 or more zero-emission vehicles or qualified electric vehicles in the previous model year. (C) Contents The application shall indicate— (i) the type of zero-emission vehicle or qualified electric vehicle that was delivered for sale; (ii) the State in which the zero-emission vehicle or qualified electric vehicle was delivered for sale; and (iii) any other information determined to be appropriate by the Administrator. (D) Aggregation An application for a zero-emission vehicle credit under subparagraph (A) may aggregate information on all zero-emission vehicles and qualified electric vehicles delivered for sale by the vehicle manufacturer in the applicable model year. (3) Quantity of zero-emission vehicle credits (A) Zero-emission vehicles The Administrator shall issue to a vehicle manufacturer the application under paragraph (2) of which is approved 1 zero-emission vehicle credit for each zero-emission vehicle delivered for sale in the United States. (B) Qualified electric vehicles For a qualified electric vehicle delivered for sale by a vehicle manufacturer the application under paragraph (2) of which is approved, the Administrator shall issue a partial zero-emission vehicle credit based on the estimated proportion of the mileage driven— (i) with respect to a qualified electric vehicle described in subsection (a)(3)(A), on the battery of the qualified electric vehicle, as determined by the Administrator; and (ii) with respect to a qualified electric vehicle described in subsection (a)(3)(B), on hydrogen that is produced through a process that results in a lifecycle greenhouse gas emissions (as defined in section 45V(c) of the Internal Revenue Code of 1986) rate of less than 0.45 kilograms of carbon dioxide-equivalent per kilogram of hydrogen, as determined by the Administrator. (C) Credit banking A zero-emission vehicle credit issued for any model year that is not submitted to comply with the minimum annual percentage of zero-emission vehicles under subsection (c) during that model year may be carried forward for use pursuant to subsection (b)(1) within the next 5 years, but not later than model year 2035. (g) Zero-Emission vehicle credit trading (1) In general A zero-emission vehicle credit for any model year before 2035 that is not submitted to the Administrator to comply with the minimum annual percentage of zero-emission vehicles under subsection (c) for that model year may be sold, transferred, or exchanged by the vehicle manufacturer to which the credit is issued or by any other entity that acquires the zero-emission vehicle credit. (2) Delegation (A) In general The Administrator may delegate to an appropriate market-making entity the administration of a national tradeable zero-emission vehicle credit market for purposes of creating a transparent national market for the sale or trade of zero-emission vehicle credits. (B) Public report If the Administrator makes a delegation under subparagraph (A), the entity to which the Administrator made the delegation shall annually submit to Congress and make available to the public a report describing the status of the zero-emission vehicle credit market. (h) Zero-Emission vehicle credit retirement (1) In general Any entity that obtains legal rights to a zero-emission vehicle credit may retire the zero-emission vehicle credit in any model year. (2) Use of retired zero-emission vehicle credit A zero-emission vehicle credit retired under paragraph (1) may not be used for compliance with subsection (b) in— (A) the model year in which the zero-emission vehicle credit is retired; or (B) any subsequent model year. (i) Information collection The Administrator may collect the information necessary to verify and audit— (1) the model year sales of passenger vehicles of any vehicle manufacturer; (2) a zero-emission vehicle credit submitted by a vehicle manufacturer pursuant to subsection (b)(1); (3) the validity of a zero-emission vehicle credit submitted for compliance by a vehicle manufacturer to the Administrator; and (4) the quantity of passenger vehicles delivered for sale in the United States of all vehicle manufacturers. (j) State programs (1) In general Nothing in this section shall preempt the authority of a State or political subdivision of a State to adopt or enforce any law (including regulations) relating to motor vehicles, including the authority to set standards for motor vehicle emissions and zero-emission vehicle requirements under section 177 and section 209. (2) Compliance with section No law or regulation of a State or political subdivision of a State shall relieve any vehicle manufacturer from compliance with any requirement otherwise applicable under this section. (k) Sense of Congress It is the sense of Congress that vehicle manufacturers should diversify vehicle technologies and models to ensure consumer choice and access. (l) Regulations Not later than 540 days after the date of enactment of this section, the Administrator shall promulgate regulations to implement this section. (m) Enforcement (1) Civil penalty (A) In general A vehicle manufacturer that fails to comply with subsection (b) shall be liable for a civil penalty, assessed by the Administrator, in an amount that is equal to twice the average value of the aggregate quantity of zero-emission vehicle credits that the vehicle manufacturer failed to submit in violation of that subsection, as determined by the Administrator. (B) Enforcement The Administrator shall assess any civil penalty under subparagraph (A). (C) Deposit With respect to any civil penalty paid to the Administrator pursuant to subparagraph (A), the Administrator shall deposit the amount into the Highway Trust Fund established by section 9503(a) of the Internal Revenue Code of 1986. (2) Injunction After model year 2035, the Administrator shall issue an injunction on the manufacture of any passenger vehicles other than zero-emission vehicles by a vehicle manufacturer. . | https://www.govinfo.gov/content/pkg/BILLS-117s5263is/xml/BILLS-117s5263is.xml |
117-s-5264 | II 117th CONGRESS 2d Session S. 5264 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Bank Holding Company Act of 1956 to prohibit bank holding companies from facilitating fossil fuel production from new sources, or from facilitating transactions that would provide funds for the construction of new or expanded fossil infrastructure that would drive such production, and for other purposes.
1. Short title This Act may be cited as the Protecting America's Economy from the Carbon Bubble Act of 2022 . 2. Prohibition on facilitating fossil fuel production from new sources The Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. ) is amended by adding at the end the following: 15. Prohibition on facilitating fossil fuel production from new sources (a) Definitions In this section— (1) the terms exchange , issuer , and security have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ); (2) the term financial company means— (A) a bank holding company, savings and loan holding company, or similar institution; (B) a foreign banking organization or company that is treated as a bank holding company under this Act; (C) an insured depository institution, a thrift institution, a savings association, an industrial loan company, or similar institution; or (D) any subsidiary, agency, or affiliate of an entity described in subparagraph (A), (B), or (C); (3) the term fossil fuel means coal, petroleum, natural gas, or any derivative of coal, petroleum, or natural gas, that is used for fuel, including hydrogen combined with any such derivative; (4) the term fossil infrastructure means fossil fuel-related projects, including wells, rail infrastructure, pipelines, terminals, refineries, and power plants; (5) the term national securities exchange means an exchange registered as a national securities exchange in accordance with section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ); (6) the term new sources means— (A) any production in excess of proven developed producing reserves of fossil fuels, as of the date of enactment of this section; or (B) new or expanded fossil infrastructure that would facilitate the production described in subparagraph (A); (7) the term production means extractive or production activities that result in fossil fuels being made available for refining or use; and (8) the term publicly traded entity means an issuer, the securities of which are listed on a national securities exchange. (b) Prohibition No financial company may facilitate production, including by— (1) making loans to, making investments in, or otherwise engaging in any activity that is financial in nature, or incidental to such financial activity, with a fossil fuel company; (2) making loans to, making investments in, or otherwise engaging in any activity that is financial in nature, or incidental to such financial activity, for a fossil fuel project; (3) taking compensation to arrange, or facilitate a transaction that provides funds for, production with respect to new sources; (4) securitizing assets that provide funds for production with respect to new sources; (5) entering into a derivatives transaction designed to provide funding for, facilitate, or hedge risks from production with respect to new sources; (6) engaging in any activity that is complementary to a financial activity involving production with respect to new sources, including financing the international trade of production with respect to new sources; or (7) engaging in any other form of activity defined by regulators or supervisors of the financial company. (c) Compliance program (1) In general Each financial company shall maintain policies and procedures reasonably designed to ensure that relationships with customers or counterparties do not facilitate production with respect to new sources. (2) Attestation The chief executive officer of each financial company shall comply with an attestation for compliance with this section, subject to such rules as the Board may prescribe that shall be no less strict than those set forth under section 351.20(c) of title 12, Code of Federal Regulations, or any successor regulation. (3) Supervision The appropriate Federal banking agency shall supervise the policies and procedures described in this subsection and the implementation of those policies and procedures. (d) Penalties (1) Criminal penalty (A) In general Whoever knowingly violates any provision of this section or, being a company, violates any regulation or order issued by the Board under this section, shall be imprisoned not more than 1 year, fined not more than $1,000,000 per day for each day during which the violation continues, or both. (B) Intent to deceive, defraud, or profit Whoever, with the intent to deceive, defraud, or profit significantly, knowingly violates any provision of this section shall be imprisoned not more than 5 years, fined not more than $5,000,000 per day for each day during which the violation continues, or both. (2) Prohibition on employment Any individual who knowingly violates any provision of this section shall be banned from future employment with any bank holding company or issuer or publicly traded entity. (3) Civil monetary penalty Any financial company that violates, and any individual who participates in a violation of, any provision of this section, or any regulation or order issued under this section, shall forfeit all revenues associated with such a violation and pay an additional civil penalty of not more than $25,000 for each day during which the violation continues. . | https://www.govinfo.gov/content/pkg/BILLS-117s5264is/xml/BILLS-117s5264is.xml |
117-s-5265 | II 117th CONGRESS 2d Session S. 5265 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require a strategy for countering the People's Republic of China.
1. Short title This Act may be cited as the Taiwan Protection and National Resilience Act of 2022 . 2. Strategy for countering the People's Republic of China (a) Identification of vulnerabilities and leverage Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of the Treasury, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report that identifies— (1) goods and services from the United States that are relied on by the People’s Republic of China such that that reliance presents a strategic opportunity and source of leverage against the People’s Republic of China; and (2) procurement practices of the United States Armed Forces and other Federal agencies that are reliant on trade with the People’s Republic of China and other inputs from the People’s Republic of China, such that that reliance presents a strategic vulnerability and source of leverage that the Chinese Communist Party could exploit. (b) Strategy Not later than 180 days after the submission of the report required by subsection (a)— (1) the Secretary of the Treasury, in consultation with the Secretary of the Defense, the Secretary of Commerce, the Secretary of State, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report, utilizing the findings of the report required by subsection (a), that describes a comprehensive sanctions strategy to advise policymakers on policies the United States and allies and partners of the United States could adopt with respect to the People’s Republic of China in response to an invasion of Taiwan by the People’s Republic of China that— (A) starves the People’s Liberation Army of oil, natural gas, munitions, and other supplies needed to conduct military operations against Taiwan, United States facilities in the Pacific and Indian Oceans, and allies and partners of the United States in the region; (B) diminishes the capacity of the industrial base of the People’s Republic of China to manufacture and deliver defense articles to replace those lost in operations of the People’s Liberation Army against Taiwan, the United States, and allies and partners of the United States; and (C) inhibits the ability of the People’s Republic of China to evade United States and multilateral sanctions through third parties, including through secondary sanctions; and (2) the Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the United States Trade Representative, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report that— (A) identifies critical sectors within the United States economy that rely on trade with the People’s Republic of China and other inputs from the People’s Republic of China (including active pharmaceutical ingredients, rare earth minerals, and metallurgical inputs), such that those sectors present a strategic vulnerability and source of leverage that the Chinese Communist Party could exploit; and (B) makes recommendations to Congress on steps that can be taken to reduce the sources of leverage described in subparagraph (A) and subsection (a)(1), including through— (i) provision of economic incentives and making other trade and contracting reforms to support United States industry and job growth in critical sectors and to indigenize production of critical resources; and (ii) policies to facilitate near- or friend-shoring , or otherwise developing strategies to facilitate that process with allies and partners of the United States, in other sectors for which domestic reshoring would prove infeasible for any reason. (c) Form The reports required by subsections (a) and (b) shall be submitted in unclassified form but may include a classified annex. (d) Appropriate committees of congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s5265is/xml/BILLS-117s5265is.xml |
117-s-5266 | II 117th CONGRESS 2d Session S. 5266 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Kaine (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the program for infant and early childhood mental health promotion, intervention, and treatment.
1. Short title This Act may be cited as the Investing in Infant and Early Childhood Mental Health Act . 2. Infant and early childhood mental health promotion, intervention, and treatment Section 399Z–2 of the Public Health Service Act ( 42 U.S.C. 280h–6 ) is amended— (1) by redesignating subsection (f) as subsection (g); (2) by inserting after subsection (e) the following: (f) Technical assistance The Secretary may, directly or by awarding grants or contracts to public and private nonprofit entities, provide training and technical assistance to eligible entities described in (d). ; and (3) in subsection (g), as so redesignated, by striking $20,000,000 for the period of fiscal years 2018 through 2022 and inserting $50,000,000 for the period of fiscal years 2023 through 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s5266is/xml/BILLS-117s5266is.xml |
117-s-5267 | II 117th CONGRESS 2d Session S. 5267 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Warren (for herself and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Financial Crimes Enforcement Network to issue guidance on digital assets, and for other purposes.
1. Short title This Act may be cited as the Digital Asset Anti-Money Laundering Act of 2022 . 2. Definitions (1) Digital assets The term digital asset means an asset that is issued or transferred using distributed ledger, blockchain technology, or similar technology, including but not limited to virtual currencies, coins, and tokens. (2) Digital asset kiosk The term digital asset kiosk means a stand-alone machine, commonly referred to as a digital asset automated teller machine, that facilitates the buying, selling, and exchange of virtual currencies. (3) Digital asset mixer The term digital asset mixer means a website, software, or other service designed to conceal or obfuscate the origin, destination, and counterparties of digital asset transactions. (4) Financial institution The term financial institution has the meaning given the term in section 5312(a) of title 31, United States Code. (5) Privacy coin The term privacy coin means a digital asset designed to— (A) prevent tracing through distributed ledgers; or (B) conceal or obfuscate the origin, destination, and counterparties of digital asset transactions. 3. Digital asset rulemakings (a) Money service business designation The Financial Crimes Enforcement Network shall promulgate a rule classifying custodial and unhosted wallet providers, cryptocurrency miners, validators, or other nodes who may act to validate or secure third-party transactions, independent network participants, including MEV searchers, and other validators with control over network protocols as money service businesses. (b) Implementation of proposed rule Not later than 120 days after the date of enactment of this Act, the Financial Crimes Enforcement Network shall finalize the proposed virtual currency rule (85 Fed. Reg. 83840; relating to requirements for certain transactions involving convertible virtual currency or digital assets). (c) Reporting requirements Not later than 120 days after the date of enactment of this Act, the Financial Crimes Enforcement Network shall promulgate a rule that requires United States persons engaged in a transaction with a value greater than $10,000 in digital assets through 1 or more accounts outside of the United States to file a report described in section 1010.350 of title 31, Code of Federal Regulations, using the form described in that section, in accordance with section 5314 of title 31, United States Code. (d) Treasury regulations Not later than 120 days after the date of enactment of this Act, the Secretary of the Treasury shall promulgate a rule that prohibits financial institutions from— (1) handling, using, or transacting business with digital asset mixers, privacy coins, and other anonymity-enhancing technologies, as specified by the Secretary; and (2) handling, using, or transacting business with digital assets that have been anonymized by the technologies described in paragraph (1). 4. Examination and review process (a) Treasury Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Conference of State Bank Supervisors and Federal Financial Institutions Examination Council, shall establish a risk-focused examination and review process for money service businesses to assess— (1) the adequacy of antimoney laundering programs and reporting obligations under subsections (g) and (h) of section 5318 of title 31, United States Code; and (2) compliance with antimoney laundering and countering the financing of terrorism requirements under subchapter II of chapter 53 of title 31, United States Code. (b) SEC Not later than 2 years after the date of enactment of this Act, the Securities and Exchange Commission shall establish a dedicated risk-focused examination and review process for entities regulated by the Commission to assess— (1) the adequacy of antimoney laundering programs and reporting obligations under subsections (g) and (h) of section 5318 of title 31, United States Code; and (2) compliance with antimoney laundering and countering the financing of terrorism requirements under subchapter II of chapter 53 of title 31, United States Code. (c) CFTC Not later than 2 years after the date of enactment of this Act, the Commodity Futures Trading Commission shall establish a dedicated risk-focused examination and review process for entities regulated by the Commission to assess— (1) the adequacy of antimoney laundering programs and reporting obligations under subsections (g) and (h) of section 5318 of title 31, United States Code; and (2) compliance with antimoney laundering and countering the financing of terrorism requirements under subchapter II of chapter 53 of title 31, United States Code. 5. Digital asset kiosks (a) In general Not later than 1 year after the date of enactment of this Act, the Financial Crimes Enforcement Network shall require digital asset kiosk owners and administrators to submit and update the physical addresses of the kiosks owned or operated by the owner or administrator every 3 months, as applicable. (b) Guidance Not later than 1 year after the date of enactment of this Act, the Financial Crimes Enforcement Network shall issue guidance requiring digital asset kiosk owners and administrators to— (1) verify the identity of each customer using a valid form of government-issued identification or other documentary method, as determined by the Secretary of the Treasury; and (2) collect the name, date of birth, physical address, and phone number of each counterparty to the transaction. (c) Reports (1) FinCEN Not later than 120 days after the date of enactment of this Act, the Financial Crimes Enforcement Network shall issue a report identifying unlicensed kiosk operators and administrators, including identification of known unlicensed operators and estimates of the number and locations of suspected unlicensed operators, as applicable. (2) DEA Not later than 1 year after the date of enactment of this Act, the Drug Enforcement Administration shall issue a report identifying recommendations to reduce drug trafficking with digital asset kiosks. 6. Authorization of appropriations There are authorized to be appropriated to the Secretary of the Treasury such sums as are necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5267is/xml/BILLS-117s5267is.xml |
117-s-5268 | II 117th CONGRESS 2d Session S. 5268 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Menendez (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes.
1. Short title This Act may be cited as the NIH Clinical Trial Diversity Act of 2022 . 2. Diversity goals for nih funded clinical trials (a) Applications Beginning on the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section referred to as the Secretary ), shall require that a NIH-funded research organization or entity seeking to conduct a clinical trial investigating a drug or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 et seq. )) or biological product (as defined in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) )) that is funded by the National Institutes of Health, submit an application (or renewal thereof) for such funding that includes— (1) clear and measurable goals for the recruitment and retention of participants that reflect— (A) the race, ethnicity, age, and sex of patients with the disease or condition being investigated; or (B) as scientifically or ethically justified and appropriate, the race, ethnicity, age, and sex of the general population of the United States if the prevalence of the disease or condition is not known; (2) a rationale for the goals specified under paragraph (1) that specifies— (A) how investigators will determine the number of participants for each population category that reflect the population groups specified in paragraph (1); or (B) strategies that will be used to enroll and retain participants across the different race, ethnicity, age, and sex categories; (3) a detailed plan for how the clinical trial will achieve the goals specified under paragraph (1) that specifies— (A) the requirements for researchers, in conducting the trial, to analyze the population groups specified in paragraph (1) separately; and (B) how the trial will recruit a study population that is— (i) scientifically and ethically appropriate in terms of the scientific objectives and proposed study design; and (ii) in sufficient numbers to obtain clinically and statistically meaningful determinations of the safety and effectiveness of the drug or device being studied in the respective race, ethnicity, age, and sex groups; and (4) the NIH-funded research organization or entity’s plan for implementing, or an explanation of why the NIH-funded research organization or entity cannot implement, alternative clinical trial follow-up requirements that are less burdensome for trial participants, such as— (A) requiring fewer follow-up visits; (B) allowing phone follow-up or home visits by appropriately qualified staff (in lieu of in-person visits by patients); (C) allowing for online follow-up options; (D) permitting the patient’s primary care provider to perform some of the follow-up visit requirements; (E) allowing for evening and weekend hours for required follow-up visits; (F) allowing virtual or telemedicine visits; (G) use of wearable technology to record key health parameters; and (H) use of alternate labs or imaging centers, which may be closer to the residence of the patients participating in the trial. (b) Terms (1) In general As a condition on the receipt of funding through the National Institutes of Health, as described in subsection (a), with respect to a clinical trial, the NIH-funded research organization or entity of the clinical trial shall agree to terms requiring that— (A) the aggregate demographic information of trial participants be shared on an annual basis with the Secretary while participant recruitment and data collection in such trial is ongoing, and that such information is provided with respect to— (i) underrepresented populations, including populations grouped by race, ethnicity, age, and sex; and (ii) such populations that reflect the prevalence of the disease or condition that is the subject of the clinical trial involved (as available and as appropriate to the scientific objective for the study, as determined by the Director of the National Institutes of Health); (B) the NIH-funded research organization or entity submits to the program officer and grants management specialist of the specific institute, center, or office of the National Institutes of Health, annually or as frequently as such officer or specialist determines necessary, the retention rate of participants in the clinical trial, disaggregated by race, ethnicity, age, and sex; (C) the clinical trial researchers complete education and training programs on diversity in clinical trials; and (D) at the conclusion of the trial, the sponsor submits to the Secretary the number of participants in the trial, disaggregated by race, ethnicity, age, and sex. (2) Privacy protections Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. (c) Exception In lieu of submitting an application under subsection (a) and documentation of goals as required by paragraph (1) of such subsection, an applicant may provide reasoning for why the recruitment of each of the population groups specified in paragraph (1) of subsection (a) is not necessary and why such recruitment is not scientifically justified or possible. 3. Eliminating cost barriers Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall conduct and complete a study on— (1) the need for review of human subject regulations specified in part 46 of title 45, Code of Federal Regulations (or successor regulations), and related guidance; (2) the modernization of such regulations and guidance to establish updated guidelines for reimbursement of out-of-pocket expenses of human subjects, compensation of human subjects for time spent participating in the clinical trial, and incentives for recruitment of human subjects; and (3) the need for updated safe harbor rules under section 1001.952 of title 42, Code of Federal Regulations (or successor regulations), and section 1128B of the Social Security Act (commonly referred to as the Federal Anti-Kickback Statute ( 42 U.S.C. 1320a–7b )) with respect to the assistance provided under this section. 4. Public awareness and education campaign (a) National campaign The Secretary of Health and Human Services (referred to in this section as the Secretary ), in consultation with the stakeholders specified in subsection (e), shall carry out a national campaign to increase the awareness and knowledge of individuals in the United States, including health care professionals, patients, and others, with respect to the need for diverse clinical trials among the demographic groups identified pursuant to section 2(a)(1). (b) Requirements The national campaign conducted under this section shall include— (1) (A) the development and distribution of written educational materials; (B) the development and placing of public service announcements that are intended to encourage individuals who are members of the demographic groups identified pursuant to section 2(b)(1)(A)(i) to seek to participate in clinical trials; and (C) the development of curricula for health care professionals on— (i) how to participate in clinical trials as an investigator; and (ii) how such professionals can enroll patients in trials; (2) such efforts as are reasonable and necessary to ensure meaningful access by consumers with limited English proficiency; and (3) the development and distribution of best practices and training for recruiting underrepresented study populations, including a method for sharing such best practices among clinical trial sponsors, providers, community-based organizations who assist with recruitment, and with the public. (c) Health disparities In developing the national campaign under subsection (a), the Secretary shall recognize and address— (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. (d) Grants The Secretary shall establish a program to award grants to nonprofit private entities (including community-based organizations and faith communities, institutions of higher education eligible to receive funds under section 371 of the Higher Education Act of 1965 ( 20 U.S.C. 1067q ), national organizations that serve underrepresented populations, and community pharmacies) to enable such entities— (1) to test alternative outreach and education strategies to increase the awareness and knowledge of individuals in the United States, with respect to the need for diverse clinical trials that reflect the race, ethnicity, age, and sex of patients with the disease or condition being investigated; and (2) to cover administrative costs of such entities in assisting in diversifying clinical trials subject to section 2. (e) Stakeholders specified The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. (2) Community-based resources and advocates. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2026. 5. Definition In this Act, the term clinical trial means a research study in which one or more human subjects are prospectively assigned to one or more interventions (which may include placebo or other control) to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes. | https://www.govinfo.gov/content/pkg/BILLS-117s5268is/xml/BILLS-117s5268is.xml |
117-s-5269 | II 117th CONGRESS 2d Session S. 5269 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Hoeven (for himself, Mr. Cramer , Ms. Ernst , Mr. Marshall , Mr. Inhofe , Mrs. Hyde-Smith , Mr. Moran , Mr. Rubio , Mrs. Blackburn , Mrs. Fischer , Mr. Barrasso , Mr. Scott of Florida , Mr. Risch , Mr. Crapo , Mr. Cruz , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To prohibit the Department of Defense from requiring contractors to provide information relating to greenhouse gas emissions.
1. Short title This Act may be cited as the Focus on the Mission Act of 2022 . 2. Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions (a) Definitions In this Act: (1) Greenhouse Gas The term greenhouse gas means— (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory The term greenhouse gas inventory means a quantified list of an entity’s annual greenhouse gas emissions. (3) Scope 1 emissions The term Scope 1 emissions means direct greenhouse gas emissions from sources that are owned or controlled by the reporting entity. (4) Scope 2 emissions The term Scope 2 emissions means indirect greenhouse gas emissions associated with the generation of electricity, heating and cooling, or steam, when these are purchased or acquired for the reporting entity’s own consumption but occur at sources owned or controlled by another entity. (5) Scope 3 emissions The term Scope 3 emissions means greenhouse gas emissions, other than those that are Scope 2 emissions, that are a consequence of the operations of the reporting entity but occur at sources other than those owned or controlled by the entity. (b) Prohibition on disclosure requirements The Secretary of Defense may not require the recipient of a Federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions, including Scope 1 emissions, Scope 2 emissions, or Scope 3 emissions. | https://www.govinfo.gov/content/pkg/BILLS-117s5269is/xml/BILLS-117s5269is.xml |
117-s-5270 | II 117th CONGRESS 2d Session S. 5270 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 13, United States Code, to improve the operations of the Bureau of the Census, and for other purposes.
1. Short title This Act may be cited as the Ensuring a Fair and Accurate Census Act . 2. Modification of certain Bureau of the Census authorities (a) Budget requests (1) In general Subchapter I of chapter 1 of title 13, United States Code, is amended by inserting after section 13 the following: 14. Budget requests (a) With respect to the budget request of the Bureau for fiscal year 2027 and each fiscal year thereafter submitted to the President for inclusion in the annual budget submission under section 1105(a) of title 31, the Director shall include in such request to the Secretary the estimated costs of carrying out the duties of the Bureau during the five-year period beginning on the fiscal year covered by such request. (b) On the date that the estimate of costs is submitted to the Secretary under subsection (a), the Director shall submit such estimate to the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committees on the Budget of the House of Representatives and the Senate, and the Committees on Appropriations of the House of Representatives and the Senate. . (2) Clerical amendment The table of sections for such subchapter is amended by inserting after the item relating to section 13 the following new item: 14. Budget requests. . (b) Duties Section 21(c) of title 13, United States Code, is amended to read as follows: (c) Duties (1) In general The Director shall perform such duties as may be imposed upon the Director by law, regulations, or orders of the Secretary. The Director shall report directly to the Deputy Secretary of Commerce. (2) Decennial census Any operational, statistical, or technical decision for any decennial census of population may be made only by the Director. . (c) Advisory committees; Deputy Director (1) In general Section 21 of title 13, United States Code, as amended by subsection (b), is further amended— (A) in the section heading, by striking duties and inserting Deputy Director; advisory committees ; and (B) by adding at the end the following: (d) Deputy Director (1) In general There shall be in the Bureau a single Deputy Director of the Bureau, to be appointed by the Director. The position of Deputy Director shall be a career reserved position (as that term is defined in section 3132(a)(8) of title 5). The Deputy Director shall be selected from among any career appointee (as that term is defined in section 3132(a)(4) of such title) at any agency. The individual appointed to the position of Deputy Director shall be made from individuals who have a demonstrated ability in managing large organizations and experience in the collection, analysis, and use of statistical data. (2) Functions The Deputy Director shall perform such functions as the Director shall designate. During any absence or disability of the Director, the Deputy Director shall act as Director. (3) Vacancy In the event of a vacancy in the office of Director, or when the Director is absent or unable to serve, the Deputy Director shall act as Director until a Director is appointed. If no individual is serving as Deputy Director, the highest level career employee of the Bureau shall act as Director until a Deputy Director or Director is appointed. This paragraph shall serve as the exclusive means of designating an acting Director. (4) Census equity official The Deputy Director shall appoint an employee within the Bureau, who shall report directly to the Deputy Director, and who shall be responsible for optimizing racial and ethnic equity in the decennial census of population, including by— (A) enhancing outreach to, and collaborating with, organizations and stakeholders that have demonstrated their influence with racial and ethnic communities that historically have had census participation rates that are lower than those of the overall population; (B) maximizing participation among racial and ethnic demographic cohorts that have historically had census participation rates that are lower than those of the overall population; (C) rectifying the undercount of cohorts of the population that have been undercounted in recent decennial census counts; and (D) any other strategies, initiatives, activities, or operations that would optimize such equity. (e) Advisory committees (1) General authority In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), and subject to paragraph (2), the Director may establish advisory committees to provide advice with respect to the mission of the Bureau. Members of any such committee, including a committee established under paragraph (2), shall serve without compensation, but shall be entitled to transportation expenses and per diem in lieu of subsistence in accordance with section 5703 of title 5. (2) Specific advisory committees (A) Bureau of the Census advisory committee on statistical quality standards The Director shall appoint a committee, to be known as the Advisory Committee on Statistical Quality Standards , composed of five members to review and provide recommendations on the statistical quality standards of the Bureau that guide the production and release of all Bureau decennial census products. (B) National Advisory Committee and Scientific Advisory Committee There are hereby established the Bureau of the Census Scientific Advisory Committee and the Census Bureau National Advisory Committee on Racial, Ethnic, and Other Populations, as described in the charters for each such committee published on March 15, 2022, and March 23, 2022, respectively, or any subsequent charters. Such advisory committees shall operate under the terms and conditions set forth in the applicable charter. (C) 2030 Census Advisory Committee The Director shall appoint an advisory committee, substantially similar to the 2010 Census Advisory Committee, consisting of up to 20 member organizations to address policy, research, and technical issues related to the design and implementation of the 2030 decennial census and the American Community Survey. . (2) Clerical amendment The table of sections for subchapter II of chapter 1 of such title is amended by striking the item relating to section 21 and inserting the following: 21. Director of the Census; Deputy Director; advisory committees. . (d) Position requirements Section 22 of title 13, United States Code, is amended— (1) by striking All permanent and inserting (a) In general .—All permanent ; and (2) by adding at the end the following: (b) Positions Each position within the Bureau shall be a career position within the civil service, except for the position of the Director and not more than three other positions. . 3. Limitations and requirements for the decennial census Section 141 of title 13, United States Code, is amended— (1) by redesignating subsection (g) as subsection (i); (2) by inserting after subsection (f) the following: (g) Limitations and requirements (1) Notice to Congress of subjects, types of information, and questions In the 2030 decennial census of population and each decennial census thereafter, the Secretary may not include any subject, type of information, or question that was not submitted to Congress in accordance with subsection (f). (2) Biannual reports (A) Submission to congress Not later than April 1 of the calendar year beginning after the date of enactment of the Ensuring a Fair and Accurate Census Act and biannually thereafter, the Secretary shall submit to Congress a report that— (i) describes each component of the operational plan for the subsequent decennial census of population; and (ii) includes a detailed statement on the status of all research, testing, and operations that are part of the Bureau’s comprehensive plan for the decennial census, and including a detailed statement on the status of any initiatives, developments, and operations within the purview of the official appointed by the Deputy Director under section 21(d)(4). (B) Internet publication On the date on which the Secretary submits a report under subparagraph (A), the Secretary shall publish the report on the public internet website of the Bureau. (3) Secretary certification (A) In general The Secretary, upon the date of submission of the report required by subsection (f)(2), shall submit, to the committees of Congress having legislative jurisdiction over the census, a certification stating that any question that has not appeared on the previous two decennial censuses has been researched, studied, and tested according to established statistical policies and procedures. (B) GAO review Not later than 6 months after the Secretary submits a certification under paragraph (2), the Comptroller General of the United States shall review such certification and submit a report to Congress on whether the questions to be included in the census have been researched, studied, and tested according to established statistical policies and procedures. ; and (3) in subsection (i), as so redesignated, by inserting Definition.— before As used in . 4. Decennial census lifecycle cost estimates Section 141 of title 13, United States Code, as amended by section 3, is further amended by inserting after subsection (g) the following: (h) Lifecycle costs (1) Estimate Not later than January 1, 2026, and every ten years thereafter, the Director shall transmit to the chairs of the committees described in paragraph (3) a lifecycle cost estimate for the decennial census of population first occurring after the date of such transmittal. Such estimate shall include the following with respect to such lifecycle: (A) An estimate of costs by each fiscal year. (B) Estimates of capital versus operating expenses. (C) Staffing projections for each year. (D) Assumptions about response rates, wages, and other economic variables. (2) Update On the date the President submits the annual budget under section 1105(a) of title 31 during any calendar year a decennial of census of population is taken under this section, and on the date such annual budget is submitted during the immediately preceding four calendar years, the Director shall transmit a report describing any changes to the applicable lifecycle estimate transmitted under paragraph (1). Such report shall include the following: (A) The basis for any such changes. (B) Projected impacts on response rates, staffing requirements, or costs throughout the lifecycle. (C) An explanation of any differences in budgetary resources between the amount requested in the President’s annual budget request and the lifecycle cost estimate, as updated by this paragraph. (3) Committees The committees described in this paragraph are the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate. . 5. Report on local-level data and local field operations Not later than 180 days after the date of the enactment of this Act, the Director of the Bureau of the Census shall submit to Congress a report that— (1) reviews the Bureau’s current processes for consulting and engaging with jurisdictions and local partners in conducting the decennial census, including as it relates to preventing and addressing inaccuracies; (2) provides an update on the Bureau’s progress in implementing several of the Government Accountability Office’s recommendations as it relates to the collection and utilization of local-level data and coordination of local field operations; and (3) outlines additional resources needed to support and improve the Bureau’s capacity to conduct an accurate count of the Nation’s population. | https://www.govinfo.gov/content/pkg/BILLS-117s5270is/xml/BILLS-117s5270is.xml |
117-s-5271 | II 117th CONGRESS 2d Session S. 5271 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Hickenlooper (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish the American Worker Retirement Plan, improve the financial security of working Americans by facilitating the accumulation of wealth, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Retirement Savings for Americans Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Relationship to Social Security. Sec. 4. Government benefits. Title I—The American Worker Retirement Plan Sec. 101. The American Worker Retirement Fund. Sec. 102. Investment of American Worker Retirement Fund. Sec. 103. Eligibility. Sec. 104. Enrollment. Sec. 105. Contributions. Sec. 106. Distributions. Sec. 107. Accounts. Sec. 108. Tax treatment. Sec. 109. Spousal protections; survivor rights. Title II—The American Worker Retirement Plan Investment Management System Sec. 201. The American Worker Retirement Investment Board. Sec. 202. The American Worker Retirement Plan Advisory Council. Sec. 203. Executive Director. Sec. 204. Investment policies and selection of asset managers. Sec. 205. Administrative provisions. Sec. 206. Fiduciary responsibilities; liability and penalties. Sec. 207. Bonding. Sec. 208. Investigative authority. Sec. 209. Exculpatory provisions; insurance. Sec. 210. Subpoena authority. Title III—Government Match Tax Credit Sec. 301. Government Match Tax Credit. 2. Definitions As used in this Act, except as otherwise provided: (1) Account The term account means an account established and maintained under section 107. (2) Board The term Board means the American Worker Retirement Investment Board established under section 201. (3) Business The term business means any entity, including any sole proprietor, partnership, limited liability company, or corporation, that engages in interstate commerce. (4) Earnings The term earnings , when used with respect to the Fund, means the amount of the gain realized or yield received from the investment of sums in such Fund. (5) Executive Director The term Executive Director means the Executive Director appointed under section 203. (6) Existing retirement plan The term existing retirement plan means— (A) an eligible retirement plan, as defined in section 402(c)(8)(B) of the Internal Revenue Code of 1986, including any defined benefit plan; (B) the Thrift Savings Plan established under subchapter III of chapter 84 of title 5, United States Code; and (C) any other tax deferred employee retirement plan determined by the Secretary of the Treasury to be consistent with the purposes of this Act. (7) Former participant The term former participant means a participant who has an account with the Fund and is no longer a qualifying worker. (8) Fund The term Fund means the American Worker Retirement Fund established under section 101(a). (9) Investment Advisory Council The term Investment Advisory Council means the council established under section 202. (10) Loss The term loss , as used with respect to the Fund, includes the amount of any loss resulting from the investment of sums in such Fund, or from the breach of any responsibility, duty, or obligation under section 206. (11) Net earnings The term net earnings means the excess of earnings over losses. (12) Net losses The term net losses means the excess of losses over earnings. (13) Participant The term participant means any qualifying worker who is enrolled to participate in the Fund under section 104(a) and has not opted out of participation under section 104(b)(3). (14) Participating employer The term participating employer means any business that— (A) employs a qualifying worker; or (B) contracts with an independent contractor who is a qualifying worker and opts to enroll such independent contractor to participate in the Fund under section 104(a)(2). (15) Qualifying worker The term qualifying worker means— (A) an employee who— (i) is employed by a business that has not established an existing retirement plan and does not provide an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) with an automatic enrollment payroll deduction arrangement; or (ii) is not eligible to participate in any such plan or arrangement established by the business that employs the employee; or (B) an independent contractor who— (i) is self-employed; and (ii) has not established an existing retirement plan, and does not have an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) with an automatic enrollment payroll deduction arrangement. 3. Relationship to Social Security Except as otherwise provided in this Act, the funds payable under the Fund to participants and former participants are in addition to the benefits payable under the Social Security Act ( 42 U.S.C. 301 et seq. ). 4. Government benefits The funds owned by an individual in an account and any contribution made to such funds by a participant or the Secretary of the Treasury shall not be taken into consideration when determining the individual’s eligibility for any Federal public assistance benefit. I The American Worker Retirement Plan 101. The American Worker Retirement Fund (a) Establishment There is established in the Treasury of the United States the American Worker Retirement Fund. (b) Purposes The Fund shall consist of the sum of all amounts contributed under sections 105 and 301, increased by the total net earnings from investments of the sums in the Fund or reduced by the total net losses from investments of the Fund, and reduced by the total amount of payments made from the Fund (including payments for administrative expenses under subsection (e)). (c) Investment The sums in the Fund shall remain available without fiscal year limitation— (1) to invest pursuant section 102; (2) to pay the administrative expenses of the Fund under subsection (e); (3) to make distributions as provided in section 106; (4) to make loans as authorized under section 106(h); and (5) to purchase insurance as provided in section 209. (d) Accounts Each participant shall have an account with the Fund. Amounts contributed by a participant under section 105 and by the Secretary of the Treasury under section 25F of the Internal Revenue Code of 1986 shall be deposited in the Fund and credited to the participant’s account in accordance with such procedures as the Secretary of the Treasury may, in consultation with the Executive Director, prescribe in regulation. (e) Administrative expenses Administrative expenses (including expenses related to financial literacy requirements under section 201(f)(5)) incurred to carry out this Act shall be paid out of the net earnings of the Fund, including earnings attributed to returned credit amounts under section 25F(h) of the Internal Revenue Code of 1986. (f) Exclusive benefit (1) In general Subject to paragraphs (2) and (3) and subsection (e), sums in the Fund credited to the accounts of a participant or former participant may not be used for, or diverted to, purposes other than for the exclusive benefit of the participant or former participant, or a beneficiary thereof, except as otherwise provided by law. (2) Assignment Except as provided in paragraph (3), sums in the Fund may not be assigned or alienated and are not subject to execution, levy, attachment, garnishment, or other legal process. For purposes of this paragraph, a loan made from the Fund to a participant shall not be considered to be an assignment or alienation. (3) Legal obligations Moneys due or payable from the Fund to any individual and, in the case of an individual who is a participant or former participant, the balance in the account of the participant or former participant shall be subject to— (A) legal process for the enforcement of the individual’s legal obligation to provide child support or make alimony payments as provided in section 459 of the Social Security Act ( 42 U.S.C. 659 ); (B) an obligation of the Executive Director to make a payment to another person under section 109; and (C) any Federal tax levy under section 6331 of the Internal Revenue Code of 1986. For the purposes of this paragraph, an amount contributed for the benefit of a participant or former participant under section 25F of the Internal Revenue Code of 1986 (including any earnings attributable thereto) shall be considered part of the balance in such participant or former participant’s account. (g) Non-Appropriated funds The sums in the Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose. (h) Benefit to participants All sums contributed to the Fund by a participant or the Secretary of the Treasury for the benefit of such participant and all net earnings in such Fund in trust for such participant shall be the exclusive property of the participant. (i) Nonforfeitable All the contributions made under section 105 and section 25F of the Internal Revenue Code of 1986 shall be fully nonforfeitable when made, except as provided in section 25F(h) of such Code. 102. Investment of American Worker Retirement Fund (a) In general The Board shall establish the investment policies of the Fund and select the investment funds, indexes, and other investment products that the amounts in the Fund shall be invested in subject to the following conditions: (1) The Board shall provide for the following investment options for participants: (A) A Government Securities Investment Fund under which sums in the Fund are invested in— (i) bonds issued or guaranteed by the United States Government; and (ii) bonds issued by Government-sponsored enterprises or Government corporations. (B) A Fixed-Income Investment Fund under which sums are in the Fund are invested in— (i) insurance contracts; (ii) certificates of deposit; and (iii) other instruments or obligations selected by qualified professional asset managers (as defined in section 8438(a)(8) of title 5, United States Code), which return the amount invested and pay interest, at a specific rate or rates, on that amount during a specific period of time. (C) A Common Stock Index Investment Fund, as described in section 8438(b)(2) of title 5, United States Code. (D) A Small Capitalization Stock Index Investment Fund, as described in section 8438(b)(3) of title 5, United States Code. (E) An International Stock Index Investment Fund, as described in section 8438(b)(4) of title 5, United States Code. (F) A Life-Cycle Investment Fund consisting of target date asset allocation portfolios. (2) The Board may, in its discretion, provide for other investment options for participants consistent with the Board’s fiduciary duty set forth in sections 201 and 206. (3) The Board shall consult with the Investment Advisory Council before authorizing additional investment options for participants. (b) Investments (1) Investment selection The Executive Director shall invest the sums available in the Fund for investment as provided in the selection made under subsection (c). (2) Default option If a selection has not been made with respect to any sums available for investment in the Fund, the Executive Director shall invest such sums in an age-appropriate Life-Cycle Investment Fund, as determined by the Executive Director. (c) Investment selection As often as is practical, but not less than twice per year, a participant may select the investment funds and options referred to in subsection (a) into which the amounts in the Fund credited to the participant’s accounts are to be invested or reinvested. A selection may be made under this subsection only in accordance with regulations prescribed by the Executive Director and within such period as the Executive Director shall provide in such regulations, but in no event less frequently than twice a year. (d) Voting rights Participants, former participants, the Board, and the Executive Director may not exercise voting rights associated with the ownership of securities by the Fund. (e) Reports The Board shall issue regular reports (not less frequently than quarterly) to participants and former participants on the performance of each investment option selected under subsection (a), which shall include personalized estimates of assets and income at retirement, the additional assets and income at retirement a participant would have if the participant makes sufficient contributions to receive the maximum amount of the Government match tax credit under section 25F of the Internal Revenue Code of 1986, and any other information the Board determines may help participants make sound financial decisions. The Board shall provide the reports required under this subsection by electronic delivery, except that upon the request of a participant or former participant, reports shall be provided by mail to such individual. 103. Eligibility (a) Eligibility A qualifying worker shall be eligible to participate in the Fund upon completion of the enrollment process set forth in section 104. (b) Cessation of eligibility A former participant shall not be eligible to contribute to the Fund under section 105(a) but shall remain the owner of the funds in the former participant’s account with the Fund (and any net earnings attributable to such funds) subject to the withdrawal conditions established under section 106, and may exercise investment decisions with respect to such account on the same basis as a participant. 104. Enrollment (a) Enrollment (1) In general The Secretary of the Treasury and the Executive Director shall jointly establish an enrollment process for participating employers to enroll qualifying workers to participate in the Fund that incorporates, to the extent practicable, such enrollment and participant contributions under section 105(a) into Federal tax withholding forms and payments. (2) Independent contractors In the case of independent contractors who are qualifying workers, the enrollment process shall allow businesses who have contracts with such qualifying workers to elect to enroll such qualifying workers to participate in the Fund. (b) Auto-Enrollment; opt-Out (1) In general Each participating employer shall enroll each of its qualifying workers to participate in the Fund under subsection (a) unless such qualifying worker elects to opt out of participating pursuant to paragraph (3). A qualifying worker who is a sole proprietor or independent contractor shall enroll or elect to opt out of participating pursuant to paragraph (3). (2) Automatic contribution rates Each qualifying worker enrolled under paragraph (1) shall be automatically enrolled to make contributions under section 105(a) at the default percentage of 3 percent of the qualifying worker’s compensation from the employer for such period as shall be established by regulation under section 105(a)(3). (3) Opt-out A qualifying worker may elect to opt out of participating in the Fund pursuant to procedures established jointly by the Secretary of the Treasury and the Executive Director as part of the regulations governing the enrollment process set forth in subsection (a). If a qualifying worker elects to opt out of participating in the Fund, such qualifying worker shall not be enrolled in subsequent years unless the qualifying worker elects to participate in the Fund. The Secretary of the Treasury and the Executive Director shall determine procedures to establish accounts for qualifying workers who elect to opt out of participating in the Fund who are determined to be eligible for automatic contributions or who would make contributions otherwise allowable by law outside the withholding process. (c) Penalties (1) Penalty A participating employer who fails to enroll a qualifying worker pursuant to subsection (b) or fails to deposit in the Fund the amount of a participant’s contributions under section 105(a) shall be subject to a penalty equal to the applicable penalty percentage of the amount of the contributions by the qualifying worker or participant, as the case may be, that the participating employer fails to deposit due to failure to enroll the qualifying worker or otherwise deposit such funds. The Secretary of the Treasury and the Executive Director shall jointly prescribe regulations under which a participating employer shall be required to pay to the Fund amounts representing lost earnings resulting from errors made by such participating employer in carrying out this section. (2) Applicable penalty percentage The term applicable penalty percentage means— (A) 2 percent if the failure is for not more than 5 days; (B) 5 percent if the failure is for more than 5 days but not more than 15 days; and (C) 10 percent if the failure is for more than 15 days. (3) Funds The Secretary of the Treasury shall credit to the Fund, out of any sums in the Treasury not otherwise appropriated, the amount determined by the Executive Director to be necessary to carry out this section and section 105(d). 105. Contributions (a) Contributions by participants (1) In general Pursuant to the regulations established under subsection (d), a participant may make contributions to the participant’s account with the Fund in any pay period in an amount not to exceed the participant’s compensation for such period. (2) Catch-up contributions Notwithstanding the limitation under paragraph (1), a participant may make such additional contributions to the participant’s account with the Fund as are permitted by section 414(v) of the Internal Revenue Code of 1986, and the regulations established under subsection (d) consistent therewith. (3) Contributions The Secretary of the Treasury and the Executive Director shall jointly prescribe regulations that establish a program of regular contribution under which participants may— (A) make contributions to their accounts with the Fund under paragraph (1); (B) modify the amount contributed under such paragraph; or (C) terminate such contributions. (4) Election An election to make contributions under this subsection— (A) may be made at any time; (B) shall take effect on the earliest date after the election that is administratively feasible; and (C) shall remain in effect until modified or terminated. (b) Contribution of Government Match Tax Credit A participant’s account shall receive contributions in the form of the Government Match Tax Credit contributed by the Secretary of the Treasury under section 25F of the Internal Revenue Code of 1986. (c) Contribution limits Notwithstanding any other provision of this section, no contribution may be made under this section for any year to the extent that such contribution, when added to prior contributions for such year, exceeds any limitation under section 219(b)(5) of the Internal Revenue Code of 1986. Any contribution made under section 25F of the Internal Revenue Code of 1986 shall not be taken into account for purposes of the preceding sentence. (d) Treatment as Roth contributions Contributions under subsection (a) shall not be excludable from gross income and no deduction shall be allowed with respect to such contributions under section 219 of the Internal Revenue Code of 1986. (e) Regulations The amounts contributed to the Fund by a participant under section 105(a) and on behalf of a participant by the Secretary of the Treasury under section 25F of the Internal Revenue Code of 1986 shall be deposited in the Fund and credited to the participant’s account with the Fund pursuant to regulations jointly prescribed by the Secretary of the Treasury and the Executive Director. 106. Distributions (a) Former participants A former participant is entitled to access the amounts in the former participant’s account as provided in this section. Amounts in the account of a former participant shall remain in the Fund until distributed in accordance with subsection (b). (b) Former participant withdrawal options Subject to section 109, a former participant is entitled to and may elect to withdraw from the Fund the balance of the former participant’s account as— (1) an annuity; (2) a single payment; (3) 2 or more substantially equal payments to be made not less frequently than annually; or (4) any combination of payments described in paragraphs (1) through (3) as the Executive Director may prescribe by regulation. (c) Additional former participant withdrawal options (1) In general In addition to the right provided under subsection (b) to withdraw the balance of the account, a former participant may make 1 or more withdrawals of any amount in the same manner as a single payment is made in accordance with subsection (b)(2) from the former participant’s account. (2) Transfers to retirement plans (A) In general A former participant may request that the amount withdrawn from the Fund under paragraph (1) be transferred to an existing retirement plan. (B) Transfers The Executive Director shall make each transfer directly to an existing retirement plan identified by the former participant for whom the transfer is made. A transfer shall not be made under the preceding sentence until the Executive Director receives from the former participant the information required by the Executive Director specifically to identify the existing retirement plan to which the transfer is to be made. (3) Limitations Withdrawals under this subsection shall be subject to such other limitations or conditions as the Executive Director may prescribe by regulation. (d) Payment of annuities The Board shall prescribe methods of payment of annuities under this Act substantially similar to those provided for under section 8434 of title 5, United States Code. (e) Former participant changes to elections (1) In general Subject to section 109, a former participant may change an election previously made under this section, except that in the case of an election to receive an annuity, a former participant may not change an election under this section on or after the date on which an annuity contract is purchased to provide for the annuity elected by the former participant. (2) Distributions made A former participant may not return a distribution once made pursuant to an election under this section. (f) Survivor rights (1) In general If a participant or a former participant dies without having made an election under subsection (b) or after having elected an annuity under subsection (b) but before making an election for payments to a survivor rights under section 8434 of title 5, United States Code, an amount equal to the value of that individual’s account (as of death) shall, subject to any decree, order, or agreement referred to in section 109, be paid in a manner consistent with the requirements of section 109. (2) Maintenance of account Notwithstanding section 109, if a participant or former participant dies and has designated as sole or partial beneficiary the spouse of the participant or former participant at the time of death, or, if a participant or former participant dies with no designated beneficiary and is survived by a spouse, the spouse may maintain the portion of the participant or former participant’s account to which the spouse is entitled in accordance with the following terms: (A) Subject to the limitations of subparagraph (B), the spouse shall have the same withdrawal options under subsection (b) as a former participant. (B) The spouse may not make withdrawals under subsection (h) or (i). (C) The spouse may not make contributions or transfers to the account. (D) The account shall be disbursed upon the death of the surviving spouse of the participant or former participant and shall not be maintained by a beneficiary or surviving spouse of the surviving spouse who inherited the account. (3) Regulations The Executive Director shall prescribe regulations to carry out this subsection. (g) Small Balance Accounts Notwithstanding subsection (b), if a former participant’s account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment. The Executive Director may prescribe more than 1 balance amount for payment under this subsection based on age of the former participant. (h) Loans (1) In general A participant or former participant may apply to the Board for permission to borrow from the participant or former participant’s account an amount not exceeding the value of that portion of such account which is attributable to contributions made by the participant or former participant. Before a loan is issued, the Executive Director shall provide to the participant or former participant in writing with appropriate information concerning the cost of the loan relative to other sources of financing, as well as the lifetime cost of the loan, including the difference in interest rates between the funds offered by the Fund and any other effect of such loan on the participant or former participant’s final account balance. (2) Special rules (A) In general Loans under this subsection shall be available to all participant and former participants on a reasonably equivalent basis, and shall be subject to such other conditions as the Board may prescribe by regulation, which shall be as equivalent as practically possible to those provided for under the Thrift Savings Plan. The restrictions of section 206(c)(1) shall not apply to loans made under this subsection. (B) Limitation based on tax treatment A loan may not be made under this subsection to the extent that the loan would be treated as a taxable distribution under section 72(p) of the Internal Revenue Code of 1986. (C) Spousal protections A loan may not be made under this subsection unless the requirements of section 109 are satisfied. (i) Voluntary distributions (1) In general A participant may apply, before becoming a former participant, to the Board for permission to withdraw an amount from the participant’s account based upon— (A) the participant having attained age 59 1/2 ; or (B) financial hardship. (2) Limitations A withdrawal under paragraph (1)(B) shall be available only for an amount not exceeding the value of that portion of such account which is attributable to contributions made by the participant. Withdrawals under paragraph (1) shall be subject to such other limitations or conditions as the Executive Director may prescribe by regulation, which shall be as equivalent as practically possible to those provided for under the Thrift Savings Plan. (3) Spousal protections A withdrawal may not be made under this subsection unless the requirements of section 109 are satisfied. (j) Involuntary distributions (1) In general A participant shall receive a distribution from the Fund if the participant’s gross income for a taxable year exceeds the dollar threshold (as adjusted by the Secretary of the Treasury) established under section 414(q)(1)(B) of the Internal Revenue Code of 1986. (2) Amount of distribution The amount of a distribution under paragraph (1) shall be equal to the sum of such participant’s contributions to the Fund for the taxable year for which such distribution is required under paragraph (1), increased by any gains attributable to such contributions, and decreased by any losses attributable to such contributions, any early withdrawal penalties, and any expenses associated with make such distribution. (3) Process for distribution (A) Notice to participant The Executive Director shall provide notice to a participant subject to a distribution under paragraph (1) not later than 7 days after the Executive Director determines that such participant is subject to such distribution, based on information regarding participants' gross income provided by the Secretary of the Treasury. (B) Method of distribution Not later than 30 days after receiving notice under subparagraph (A), a participant may elect to direct that a distribution under paragraph (1) be made— (i) in the case of an eligible rollover distribution (as defined in section 402(c) of the Internal Revenue Code of 1986), to an eligible retirement plan (as defined in such section of such code); or (ii) directly to such participant. (C) Default election In the case of a participant who fails to make an election within the period described in subparagraph (B), the Executive Director shall make the distribution directly to such participant. (4) Tax treatment of involuntary distribution A distribution made under paragraph (1) directly to the participant under subparagraph (B)(ii) or (C) shall be treated as an early distribution from a qualified retirement plan pursuant to section 72(t) of the Internal Revenue Code of 1986 to the extent such distribution does not consist of participant contributions to the Fund. (k) Treatment as Roth distributions The rules of sections 408(d) and 408A(d) of the Internal Revenue Code of 1986 shall apply to distributions from the Fund in the same manner as if such Fund were a Roth IRA. For purposes of the preceding sentence, contributions made under section 25F of such Code shall be treated as employer contributions which were not includible in gross income. 107. Accounts (a) In general The Executive Director shall establish and maintain an account for each participant who makes contributions under section 105(a), or for whom contributions are made under section 25F of the Internal Revenue Code of 1986, to the Fund. (b) Account balances The balance in a participant’s account is the excess of— (1) the sum of— (A) all contributions made to the Fund by the participant under section 105(a); (B) all contributions made to the Fund for the benefit of the participant by the Secretary of the Treasury under section 25F of the Internal Revenue Code of 1986; and (C) the total amount of the allocations made to and reduction made in the account pursuant to subsection (c); over (2) the amounts paid out of the Fund with respect to such participant under this title. (c) Allocation of earnings and losses Pursuant to regulation prescribed by the Executive Director, the Executive Director shall allocate to each account an amount equal to a pro rata share of the net earnings and net losses from each investment of sums in the Fund attributed to sums credited to such account, reduced by the appropriate share of the administrative expenses paid out of the net earnings under section 101(e) as determined by the Executive Director. 108. Tax treatment Except as otherwise provided in this Act, for purposes of the Internal Revenue Code of 1986, rules similar to the rules that apply with respect to the Thrift Savings Fund (including the rules of section 8440 of title 5, United States Code) shall apply with respect to the American Worker Retirement Fund. 109. Spousal protections; survivor rights The provisions for spousal protections and court orders under section 8435 and 8467 of title 5, United States Code, respectively, shall apply in the same manner to governance of the Fund and to accounts of participants and former participants as such sections are applied with respect to the Thrift Savings Plan and its accounts. The Executive Director shall issue regulations that establish spousal protections and survivor rights with respect to participants and former participants that are as equivalent as practically possible to those provided for under the Thrift Savings Plan pursuant to chapter 84 of title 5, United States Code. II The American Worker Retirement Plan Investment Management System 201. The American Worker Retirement Investment Board (a) Establishment There is established in the executive branch of the Government the American Worker Retirement Investment Board. (b) Composition The Board shall be composed of— (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chair; (2) 1 member appointed by the President after taking into consideration the recommendation made by the majority leader of the Senate in consultation with the minority leader of the Senate; and (3) 1 member appointed by the President after taking into consideration the recommendation made by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives. (c) Senate confirmation Appointments under subsection (b) shall be made with the advice and consent of the Senate. (d) Qualifications (1) In general Members of the Board shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (2) Disqualification No member of the Board may be an officer or employee of the Federal Government. (e) Terms; vacancies (1) Terms A member of the Board shall be appointed for a term of 4 years, except that of the members first appointed under subsection (b)— (A) the Chair shall be appointed for a term of 4 years; (B) the members appointed under paragraphs (2) and (3) of subsection (b) shall be appointed for terms of 3 years; and (C) the remaining members shall be appointed for terms of 2 years. (2) Vacancies (A) In general A vacancy on the Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (B) Term An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (C) Expiration The term of any member shall not expire before the date on which the member’s successor takes office. (f) Board duties The Board shall— (1) establish policies for— (A) the investment and management of the Fund; and (B) the administration of title I of this Act; (2) hire and set the compensation for the Executive Director; (3) review the performance of investments made for the Fund; (4) review and approve the budget of the Board; and (5) develop evidence-based financial literacy requirements for participants in the Fund, including requirements for financial literacy interventions to occur prior to a participant— (A) taking an early withdrawal from their account at the Fund pursuant to section 106(i); and (B) taking a loan from such account pursuant to section 106(h). (g) Board authorities; investment limitations (1) In general The Board may— (A) adopt, alter, and use a seal; (B) except as provided in paragraph (2), direct the Executive Director to take such action as the Board considers appropriate to carry out the provisions of this Act and the policies of the Board; (C) upon the concurring votes of 4 members, remove the Executive Director from office for good cause shown; and (D) take such other action as may be necessary to carry out the functions of the Board. (2) Exception Except in the case of investments under section 102(b)(2), the Board may not direct the Executive Director to invest or to cause to be invested any sums in the Fund in a specific asset or to dispose of or cause to be disposed of any specific asset of such Fund. (h) Board responsibilities The members of the Board shall discharge their responsibilities under this Act solely in the interest of participants and beneficiaries. (i) Budget The Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall be included as a separate item in the budget required to be transmitted to the Congress under section 1105 of title 31, United States Code. (j) Legislative recommendations The Board may submit to the President, and, at the same time, shall submit to each House of the Congress, any legislative recommendations of the Board relating to any of its functions under this title. 202. The American Worker Retirement Plan Advisory Council (a) Establishment The Board shall establish an American Worker Retirement Plan Advisory Council. The Council shall be composed of 7 members appointed by the Chair of the Board in accordance with subsection (b). (b) Appointment The Chair shall appoint 7 members of the Council, of whom— (1) 3 shall be appointed who have experience managing investment funds; (2) 2 shall be appointed who have experience operating small businesses; and (3) 2 shall be appointed who have experience providing investment advice to small businesses and low-income workers. (c) Head of council; terms; vacancies (1) In general The Chair of the Board shall designate 1 member of the Council to serve as head of the Council. (2) Term A member of the Council shall be appointed for a term of 4 years. (3) Vacancies (A) In general A vacancy in the Council shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (B) Term An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (C) Expiration The term of any member shall not expire before the date on which the member’s successor takes office. (d) Majority approval The Council shall act by resolution of a majority of the members. (e) Duties The Council shall— (1) advise the Board and the Executive Director on matters relating to— (A) investment policies for the Fund; and (B) the administration of title I of this Act; and (2) perform such other duties as the Board may direct with respect to investment funds established in accordance with title I. 203. Executive Director (a) In general (1) Appointment The Board shall appoint, without regard to the provisions of law governing appointments in the competitive service, an Executive Director by action agreed to by a majority of the members of the Board. (2) Qualifications The Executive Director shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (b) Duties The Executive Director shall— (1) carry out the policies established by the Board; (2) invest and manage the Fund in accordance with investment policies and other policies established by the Board; (3) administer the provisions of this Act; (4) prescribe such regulations (other than regulations relating to fiduciary responsibilities) as may be necessary for the administration of this Act; (5) meet from time to time with the Council upon the request of the Council; and (6) enforce the financial literary requirements established by the Board pursuant to 201(f)(5). (c) Authorities The Executive Director may— (1) prescribe such regulations as may be necessary to carry out the responsibilities of the Executive Director under this section, other than regulations relating to fiduciary responsibilities; (2) appoint such personnel as may be necessary to carry out the provisions of this Act; (3) subject to approval by the Board, procure the services of experts and consultants under section 3109 of title 5, United States Code; (4) make such payments out of sums in the Fund as the Executive Director determines are necessary to carry out the provisions of this Act and the policies of the Board; (5) pay the compensation, per diem, and travel expenses of individuals appointed under paragraphs (2), (3), and (7) of this subsection from the Fund; (6) except as otherwise expressly prohibited by law or the policies of the Board, delegate any of the Executive Director’s functions to such employees under the Board as the Executive Director may designate and authorize such successive redelegations of such functions to such employees under the Board as the Executive Director may consider to be necessary or appropriate; and (7) take such other actions as are appropriate to carry out the functions of the Executive Director. 204. Investment policies and selection of asset managers (a) Investment Policies The Board shall develop investment policies under section 201(f)(1) which provide for— (1) prudent investments suitable for accumulating funds for payment of retirement income; and (2) low administrative costs. (b) Asset managers The Board shall select asset managers to manage the Fund, subject to the following conditions: (1) The Board shall select a number of asset managers necessary to ensure that no asset manager shall be responsible for managing the greater of— (A) $500,000,000,000; or (B) 10 percent of the Fund’s assets. (2) The Board shall limit any contract with an asset manager to a maximum of 5 years. 205. Administrative provisions (a) Board meetings The Board shall meet— (1) not less than once during each month; and (2) at additional times at the call of the Chair. (b) Board governance (1) In general Except as provided in section 201(g)(1)(C), the Board shall perform the functions and exercise the powers of the Board on a majority vote of a quorum of the Board. (2) Quorum 3 members of the Board shall constitute a quorum for the transaction of business. (3) Effect of vacancy A vacancy on the Board shall not impair the authority of a quorum of the Board to perform the functions and exercise the power of the Board. (c) Board compensation (1) In general Each member of the Board shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Board. (2) Per diem, etc A member of the Board shall be paid travel, per diem, and other necessary expenses while traveling away from such member’s home or regular place of business in the performance of the duties of the Board. (3) Payment from fund Payments authorized under this subsection shall be paid from the Fund as administrative expenses permitted under section 101(e). 206. Fiduciary responsibilities; liability and penalties (a) Definitions For the purposes of this section: (1) Account The term account is not limited by the definition provided in section 2. (2) Adequate consideration The term adequate consideration means— (A) in the case of a security for which there is a generally recognized market— (i) the price of the security prevailing on a national securities exchange which is registered under section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ); or (ii) if the security is not traded on such a national securities exchange, a price not less favorable to the Fund than the offering price for the security as established by the current bid and asked prices quoted by persons independent of the issuer and of any party in interest; and (B) in the case of an asset other than a security for which there is a generally recognized market, the fair market value of the asset as determined in good faith by a fiduciary or fiduciaries in accordance with regulations prescribed by the Secretary of Labor. (3) Fiduciary The term fiduciary means— (A) a member of the Board; (B) the Executive Director; (C) any person who has or exercises discretionary authority or discretionary control over the management or disposition of the assets of the Fund; and (D) any person who, with respect to the Fund, is described in section 3(21)(A) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(21)(A) ). (4) Party in interest The term party in interest includes— (A) any fiduciary; (B) any counsel to a person who is a fiduciary, with respect to the actions of such person as a fiduciary; (C) any participant; (D) any person providing services to the Board and, with respect to the actions of the Executive Director as a fiduciary, any person providing services to the Executive Director; (E) a labor organization, the members of which are participants; (F) a spouse, sibling, ancestor, lineal descendant, or spouse of a lineal descendant of a person described in subparagraph (A), (B), or (D); (G) a corporation, partnership, or trust or estate of which, or in which, at least 50 percent of— (i) the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation, (ii) the capital interest or profits interest of such partnership, or (iii) the beneficial interest of such trust or estate, is owned directly or indirectly or held by a person described in subparagraph (A), (B), (D), or (E); (H) an official (including a director) of, or an individual employed by, a person described in subparagraph (A), (B), (D), (E), or (G), or an individual having powers or responsibilities similar to those of such an official; (I) a holder (directly or indirectly) of at least 10 percent of the shares in a person described in any subparagraph referred to in subparagraph (H); and (J) a person who, directly or indirectly, is at least a 10 percent partner or joint venturer (measured in capital or profits) in a person described in any subparagraph referred to in subparagraph (H). (b) Duties To the extent not inconsistent with the provisions of this Act and the policies prescribed by the Board, a fiduciary shall discharge the fiduciary’s responsibilities with respect to the Fund or applicable portion thereof solely in the interest of the participants and beneficiaries and— (1) for the exclusive purpose of— (A) providing benefits to participants and their beneficiaries; and (B) defraying reasonable expenses of administering the Fund or applicable portions thereof; (2) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent individual acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like objectives; and (3) to the extent permitted by section 102, by diversifying the investments of the Fund or applicable portions thereof so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. (c) Ownership jurisdictions No fiduciary may maintain the indicia of ownership of any assets of the Fund outside the jurisdiction of the district courts of the United States. (d) Transactions (1) Prohibited transactions A fiduciary shall not permit the Fund to engage in any of the following transactions, except in exchange for adequate consideration: (A) A transfer of any assets of the Fund to any person the fiduciary knows or should know to be a party in interest or the use of such assets by any such persons. (B) An acquisition of any property from or sale of any property to the Fund by any person the fiduciary knows or should know to be a party in interest. (C) A transfer or exchange of services between the Fund and any person the fiduciary knows or should know to be a party in interest. (2) Prohibited actions Notwithstanding paragraph (1), a fiduciary with respect to the Fund shall not— (A) deal with any assets of the Fund in the fiduciary’s own interest or for the fiduciary’s own account; (B) act, in an individual capacity or any other capacity, in any transaction involving the Fund on behalf of a party, or representing a party, whose interests are adverse to the interests of the Fund or the interests of its participants or beneficiaries; or (C) receive any consideration of the fiduciary’s own personal account from any party dealing with sums credited to the Fund in connection with a transaction involving assets of the Fund. (3) Secretary of Labor (A) In general The Secretary of Labor may, in accordance with procedures which the Secretary of Labor shall by regulation prescribe, grant a conditional or unconditional exemption of any fiduciary or transaction, or class of fiduciaries or transactions, from all or any of the restrictions imposed by paragraph (2). An exemption granted under this subparagraph shall not relieve a fiduciary from any other applicable provision of this Act. (B) Conditions The Secretary of Labor may not grant an exemption under subparagraph (A) unless the Secretary of Labor finds that such exemption is— (i) administratively feasible; (ii) in the interests of the Fund and its participants; and (iii) protective of the rights of participants and beneficiaries of such Fund. (C) Notice An exemption under subparagraph (A) may not be granted unless— (i) notice of the proposed exemption is published in the Federal Register; (ii) interested persons are given an opportunity to present views; and (iii) the Secretary of Labor affords an opportunity for a hearing and makes a determination on the record with respect to the respective requirements of clauses (i), (ii), and (iii) of subparagraph (B). (D) Application of ERISA fiduciary exemptions Notwithstanding subparagraph (C), the Secretary of Labor may determine that an exemption granted for any class of fiduciaries or transactions under section 408(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1108(a) ) shall, upon publication of notice in the Federal Register under this subparagraph, constitute an exemption from the application of paragraph (2). (e) Nonapplication This section does not prohibit any fiduciary from— (1) receiving any benefit which the fiduciary is entitled to receive under this Act as a participant, former participant, or beneficiary; (2) receiving any reasonable compensation authorized by this Act for services rendered, or for reimbursement of expenses properly and actually incurred, in the performance of the fiduciary’s duties under this Act; or (3) serving as a fiduciary in addition to being an officer, employee, agent, or other representative of a party in interest. (f) Liability (1) In general Any fiduciary that breaches the responsibilities, duties, and obligations set out in subsection (b) or violates subsection (c) shall be personally liable to the Fund for any losses to such Fund resulting from each such breach or violation and to restore to such Fund any profits made by the fiduciary through use of assets of such Fund by the fiduciary, and, except as provided in paragraphs (3) and (4), shall be subject to such other equitable or remedial relief as a court considers appropriate. A fiduciary may be removed for a breach referred to in the preceding sentence. (2) Civil penalties The Secretary of Labor may assess a civil penalty against a party in interest with respect to each transaction prohibited by subsection (d) which is engaged in by the party in interest. The amount of such penalty shall be equal to 5 percent of the amount involved in each such transaction (as defined in section 4975(f)(4) of the Internal Revenue Code of 1986) for each year or part thereof during which the prohibited transaction continues, except that, if the transaction is not corrected (in such manner as the Secretary of Labor shall prescribe by regulation consistent with section 4975(f)(5) of such Code) within 90 days after the date the Secretary of Labor transmits notice to the party in interest (or such longer period as the Secretary of Labor may permit), such penalty may be in the amount of not more than 100 percent of the amount involved. (3) Special rules (A) In general A fiduciary shall not be liable under paragraph (1)— (i) with respect to a breach of fiduciary duty under subsection (b) committed before becoming a fiduciary or after ceasing to be a fiduciary; (ii) for providing for the automatic enrollment of a participant in accordance with section 104; (iii) for enrolling a participant or beneficiary in a default investment fund or option in accordance with section 104; or (iv) for allowing a participant or beneficiary to invest through the mutual fund window or for establishing restrictions applicable to participants’ or beneficiaries’ ability to invest through the mutual fund window. (B) Joint and several liability A fiduciary shall be jointly and severally liable under paragraph (1) for a breach of fiduciary duty under subsection (b) by another fiduciary only if— (i) the fiduciary participates knowingly in, or knowingly undertakes to conceal, an act or omission of such other fiduciary, knowing such act or omission is such a breach; (ii) by the fiduciary’s failure to comply with subsection (b) in the administration of the fiduciary’s specific responsibilities which give rise to the fiduciary status, the fiduciary has enabled such other fiduciary to commit such a breach; or (iii) the fiduciary has knowledge of a breach by such other fiduciary, unless the fiduciary makes reasonable efforts under the circumstances to remedy the breach. (4) Allocation of duties The Secretary of Labor shall prescribe, in regulations, procedures for allocating fiduciary responsibilities among fiduciaries, including asset managers. Any fiduciary who, pursuant to such procedures, allocates to any person any fiduciary responsibility shall not be liable for an act or omission of such person unless such fiduciary violated subsection (b) with respect to the allocation, with respect to the implementation of the procedures prescribed by the Secretary of Labor. (5) Other civil actions (A) In general No civil action may be maintained against any fiduciary with respect to the responsibilities, liabilities, and penalties authorized or provided for in this section except in accordance with subparagraphs (B) and (C). (B) Actions permitted A civil action may be brought in the district courts of the United States— (i) by the Secretary of Labor against any fiduciary other than a member of the Board or the Executive Director of the Board— (I) to determine and enforce a liability under paragraph (1); (II) to collect any civil penalty under paragraph (2); (III) to enjoin any act or practice which violates any provision of subsection (b) or (c); (IV) to obtain any appropriate equitable relief to redress a violation of any such provision; or (V) to enjoin any act or practice which violates subsection (g)(2) or (h) of section 201; (ii) by any participant, beneficiary, or fiduciary— (I) to enjoin any act or practice which violates any provision of subsection (b) or (c); (II) to obtain any other appropriate equitable relief to redress a violation of any such provision; or (III) to enjoin any act or practice which violates subsection (g)(2) or (h) of section 201; or (iii) by any participant or beneficiary— (I) to recover benefits of such participant or beneficiary under the provisions of title I, to enforce any right of such participant or beneficiary under such provisions, or to clarify any such right to future benefits under such provisions; or (II) to enforce a claim otherwise cognizable under sections 1346(b) and 2671 through 2680 of title 28, United States Code, except that the remedy against the United States provided by section 1346(b) and 2672 of such title 28 for damages for injury or loss of property caused by the negligent or wrongful act or omission of any fiduciary while acting within the scope of the fiduciary’s duties or employment shall be exclusive of any other civil action or proceeding by the participant or beneficiary for recovery of money by reason of the same subject matter against the fiduciary (or the estate of such fiduciary) whose act or omission gave rise to such action or proceeding, whether or not such action or proceeding is based on an alleged violation of subsection (b) or (c). (C) Representation (i) In general In all civil actions under subparagraph (B)(i), attorneys appointed by the Secretary may represent the Secretary (except as provided in section 518(a) of title 28, United States Code), however, all such litigation shall be subject to the direction and control of the Attorney General. (ii) Attorney General The Attorney General shall defend any civil action or proceeding brought in any court against any fiduciary referred to in subparagraph (B)(iii)(II) (or the estate of such fiduciary) for any such injury. Any fiduciary against whom such a civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such fiduciary (or an attested copy thereof) to the Executive Director, who shall promptly furnish copies of the pleading and process to the Attorney General and the United States Attorney for the district wherein the action or proceeding is brought. (iii) Certification of scope of duty Upon certification by the Attorney General that a fiduciary described in subparagraph (B)(iii)(II) was acting in the scope of such fiduciary’s duties or employment as a fiduciary at the time of the occurrence or omission out of which the action arose, any such civil action or proceeding commenced in the State court shall be— (I) removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division in which it is pending; and (II) deemed a tort action brought against the United States under the provisions of title 28, United States Code, and all references thereto. (iv) Compromise or settlement The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, United States Code, and with the same effect. To the extent section 2672 of title 28, United States Code, provides that persons other than the Attorney General or the Attorney General’s designee may compromise and settle claims, and that payments of such claims may be made from agency appropriations, such provisions shall not apply to claims based upon an alleged violation of subsection (b) or (c). (v) Certain claims For the purposes of subparagraph (B)(iii)(II), the provisions of section 2680(h) of title 28, United States Code, shall not apply to any claim based upon an alleged violation of subsection (b) or (c). (vi) Payment of awards Notwithstanding sections 1346(b) and 2671 through 2680 of title 28, United States Code, whenever an award, compromise, or settlement is made under such section upon any claim based upon an alleged violation of subsection (b) or (c), payment of such award, compromise, or settlement shall be made to the appropriate account with in the Fund, or where there is no such appropriate account, to the participant or beneficiary bringing the claim. (vii) Definition For purposes of subparagraph (B)(iii)(II), the term fiduciary includes only the members of the Board and the Board’s Executive Director. (D) Limitation on monetary relief Any relief awarded against a member of the Board or the Board’s Executive Director in a civil action authorized by subparagraph (B) may not include any monetary damages or any other recovery of money. (E) Time for commencement of action An action may not be commenced under clause (i) or (ii) of subparagraph (B) with respect to a fiduciary’s breach of any responsibility, duty, or obligation under subsection (b) or a violation of subsection (c) after the earlier of— (i) 6 years after— (I) the date of the last action which constituted a part of the breach or violation; or (II) in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation; or (ii) 3 years after the earliest date on which the plaintiff had actual knowledge of the breach or violation, except that, in the case of fraud or concealment, such action may be commenced not later than 6 years after the date of discovery of such breach or violation. (F) Jurisdiction (i) In general The district courts of the United States shall have exclusive jurisdiction of civil actions under this subsection. (ii) Venue An action under this subsection may be brought in the District Court of the United States for the District of Columbia or a district court of the United States in the district where the breach alleged in the complaint or petition filed in the action took place or in the district where a defendant resides or may be found. Process may be served in any other district where a defendant resides or may be found. (G) Other rules (i) In general A copy of the complaint or petition filed in any action brought under this subsection (other than by the Secretary of Labor) shall be served on the Executive Director, the Secretary of Labor, and the Secretary of the Treasury by certified mail. (ii) Intervention Any officer referred to in clause (i) shall have the right in the officer’s discretion to intervene in any action. If the Secretary of Labor brings an action under subparagraph (B)(i) on behalf of a participant or beneficiary, the Secretary of Labor shall notify the Executive Director and the Secretary of the Treasury. (g) Regulations The Secretary of Labor may prescribe regulations to carry out this section. (h) Audits (1) In general The Secretary of Labor shall establish a program to carry out audits to determine the level of compliance with the requirements of this section relating to fiduciary responsibilities and prohibited activities of fiduciaries. (2) Delegation An audit under this subsection may be conducted by the Secretary of Labor, by contract with a qualified non-governmental organization, or in cooperation with the Comptroller General of the United States, as the Secretary of Labor considers appropriate. 207. Bonding (a) Requirements (1) In general Except as provided in paragraph (2), each fiduciary and each person who handles funds or property of the Fund shall be bonded as provided in this section. (2) Exceptions (A) In general Bond shall not be required of a fiduciary (or of any officer or employee of such fiduciary) if such fiduciary— (i) is a corporation organized and doing business under the laws of the United States or of any State; (ii) is authorized under such laws to exercise trust powers or to conduct an insurance business; (iii) is subject to supervision or examination by Federal or State authority; and (iv) has at all times a combined capital and surplus in excess of such minimum amount (not less than $1,000,000) as the Secretary of Labor prescribes in regulations. (B) Limitation If— (i) a bank or other financial institution would, but for this subparagraph, not be required to be bonded under this section by reason of the application of the exception provided in subparagraph (A), (ii) the bank or financial institution is authorized to exercise trust powers, and (iii) the deposits of the bank or financial institution are not insured by the Federal Deposit Insurance Corporation, such exception shall apply to such bank or financial institution only if the bank or institution meets bonding requirements under State law which the Secretary of Labor determines are at least equivalent to those imposed on banks by Federal law. (b) Regulations (1) In general The Secretary of Labor shall prescribe the amount of a bond under this section at the beginning of each fiscal year. Such amount shall not be less than 10 percent of the amount of funds handled, except that in no case shall such bond be less than $1,000 or more than $500,000, or such higher amount as the Secretary of Labor, after due notice and opportunity for hearing to all interested parties, and other consideration of the record, may prescribe. (2) Amount of funds handled For the purpose of prescribing the amount of a bond under paragraph (1), the amount of funds handled shall be determined by reference to the amount of the funds handled by the person, group, or class to be covered by such bond or by their predecessor or predecessors, if any, during the preceding fiscal year, or to the amount of funds to be handled during the current fiscal year by such person, group, or class, estimated as provided in regulations prescribed by the Secretary of Labor. (c) Terms A bond required by subsection (a)— (1) shall include such terms and conditions as the Secretary of Labor considers necessary to protect the Fund against loss by reason of acts of fraud or dishonesty on the part of the bonded person directly or through connivance with others; (2) shall have as surety thereon a corporate surety company which is an acceptable surety on Federal bonds under authority granted by the Secretary of the Treasury pursuant to sections 9304 through 9308 of title 31, United States Code; and (3) shall be in a form or of a type approved by the Secretary of Labor, including individual bonds or schedule or blanket forms of bonds which cover a group or class. (d) Custody of funds (1) In general It shall be unlawful for any person to whom subsection (a) applies, to receive, handle, disburse, or otherwise exercise custody or control of any of the funds or other property of the Fund without being bonded as required by this section. (2) Fiduciaries It shall be unlawful for any fiduciary, or any other person having authority to direct the performance of functions described in paragraph (1), to permit any such function to be performed by any person to whom subsection (a) applies unless such person has met the requirements of such subsection. (e) Exemption Notwithstanding any other provision of law, any person who is required to be bonded as provided in subsection (a) shall be exempt from any other provision of law which would, but for this subsection, require such person to be bonded for the handling of the funds or other property of the Fund. (f) Regulations The Secretary of Labor shall prescribe such regulations as may be necessary to carry out the provisions of this section, including exempting a person or class of persons from the requirements of this section. 208. Investigative authority Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1134 ) is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision of sections 206 or 207. 209. Exculpatory provisions; insurance (a) Exculpatory provisions void Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this title shall be void. (b) Insurance In accordance with section 101(e), the sums credited to the Fund shall be available to pay administrative expenses which may include, at the discretion of the Executive Director, the purchase of insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Fund, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation. 210. Subpoena authority (a) Subpoena authority In order to carry out the responsibilities specified in this Act, the Executive Director may issue subpoenas commanding each person to whom the subpoena is directed to produce designated books, documents, records, electronically stored information, or tangible materials in the possession or control of that individual. (b) Liability Notwithstanding any Federal, State, or local law, any person, including officers, agents, and employees, receiving a subpoena under this section, who complies in good faith with the subpoena and thus produces the materials sought, shall not be liable in any court of any State or the United States to any individual, domestic or foreign corporation or upon a partnership or other unincorporated association for such production. (c) Enforcement When a person fails to obey a subpoena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpoena. The court may punish as contempt any disobedience of its order. (d) Regulations The Executive Director shall prescribe regulations to carry out subsection (a). III Government Match Tax Credit 301. Government Match Tax Credit (a) Credit Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25E the following new section: 25F. Government Match Tax Credit (a) Allowance of credit In the case of an eligible individual, there shall be allowed as a credit for the taxable year an amount equal to the sum of— (1) 1 percent of the eligible individual’s gross income, plus (2) the applicable percentage of the participant’s contributions to the American Worker Retirement Fund during the taxable year. (b) Applicable percentage For purposes of this section, the applicable percentage is— (1) 100 percent of so much of the contributions to the American Worker Retirement Fund as do not exceed 3 percent of gross income, (2) 50 percent of so much of such contributions as exceeds 3 percent but does not exceed 5 percent of gross income, and (3) 0 percent for such contributions that exceed 5 percent of so much of such contributions as exceeds 5 percent of gross income. (c) Phaseout (1) In general The credit determined under subsection (a) shall be reduced by $75 for each $1,000 or portion thereof by which the eligible individual’s gross income exceeds the phaseout amount. (2) Phaseout amount For purposes of paragraph (1), the phaseout amount is— (A) in the case of a joint return, an amount equal to 200 percent of the United States median income for the preceding taxable year, as determined by the Secretary, (B) in the case of a head of household (as defined in section 2(b)), 3/4 of the amount determined under subparagraph (A), and (C) in any other case, 1/2 of the amount determined under subparagraph (A). (d) Eligible individual For purposes of this section, the term eligible individual has the meaning given the term participant by section 2(13) of the Retirement Savings for Americans Act of 2022. (e) American Worker Retirement Fund For purposes of this section, the American Worker Retirement Fund is the Fund created under section 101(a) of the Retirement Savings for Americans Act of 2022. (f) Deposit into participant’s account (1) In general Any amount allowed as a credit under subsection (a)— (A) shall not be allowed as a credit against any tax imposed by this subtitle, and (B) shall be treated as an overpayment under section 6401(b). (2) Payment The Secretary shall contribute the amount treated as an overpayment under paragraph (1) to the eligible individual’s account with the American Worker Retirement Fund. (g) Advance payment (1) Regulations The Secretary shall prescribe regulations to provide that the payments made under subsection (f) are made as concurrently as is reasonably possible with contributions by a taxpayer to the American Worker Retirement Fund. Such regulations shall provide that, for purposes of such payments, the credit under subsection (a) may be determined on the basis of the eligible individual’s gross income for the preceding taxable year. (2) Excess payments If the aggregate amount of payments under subsection (f) with respect to an eligible individual for any taxable year exceeds the amount of the credit allowed under subsection (a) to such individual for such taxable year, the tax imposed by this chapter for such taxable year shall be increased by the amount of such excess. Any failure to so increase the tax shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). (h) Forfeit of amounts (1) In general If any contribution described in subsection (a) does not remain in the American Worker Retirement Fund for at least 6 months after such contribution is made, the amount of the credit under this section attributable to such contribution shall be forfeited as provided in paragraph (2). (2) Treatment of forfeited amounts In the case of any contribution to which paragraph (1) applies— (A) the Executive Director of the American Worker Retirement Fund, as appointed under section 203 of the Retirement Savings for Americans Act of 2022 , shall make a distribution from the individual’s account in an amount equal to such contribution to the Secretary for deposit into the general fund of the Treasury, and (B) in the case of any earnings on such contribution, such earnings shall be distributed by such Executive Director from the individual’s account and shall be available to the Executive Director, without need of further appropriation, for administrative expenses described in section 101(e) of such Act. (3) Forfeited amounts not includible in gross income Any distribution made under paragraph (2) shall not be includible in the gross income of the individual. . (b) Clerical amendments The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 26E the following new item: Sec. 25F. Government Match Tax Credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s5271is/xml/BILLS-117s5271is.xml |
117-s-5272 | II 117th CONGRESS 2d Session S. 5272 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Brown (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to expand access to psychological and behavioral services.
1. Short title This Act may be cited as the Increasing Mental Health Options Act of 2022 . 2. Expanding eligibility for incentives to practice in rural and underserved areas Section 1833(m) of the Social Security Act ( 42 U.S.C. 1395l(m) ) is amended— (1) in paragraph (1)— (A) by inserting (A) before In the case ; and (B) by adding at the end the following new subparagraph: (B) In the case of services furnished by a clinical psychologist (as defined by the Secretary for purposes of section 1861(ii)) in a year to an individual, who is covered under the insurance program established by this part and who incurs expenses for such services, in an area that is designated (under section 332(a)(1)(A) of the Public Health Service Act) as a health professional shortage area as identified by the Secretary prior to the beginning of such year, in addition to the amount otherwise paid under this part, there also shall be paid to the clinical psychologist (or to an employer or facility in the cases described in clause (A) of section 1842(b)(6)) (on a monthly or quarterly basis) from the Federal Supplementary Medical Insurance Trust Fund an amount equal to 10 percent of the payment amount for the service under this part ; and (2) in paragraph (2), by inserting or clinical psychologist after physician . 3. Eliminating unnecessary oversight and approval requirements for behavioral health services provided by clinical psychologists (a) Comprehensive Outpatient Rehabilitation Facilities Section 1835(a)(2)(E)(iii) of the Social Security Act ( 42 U.S.C. 1395n(a)(2)(E)(iii) ) is amended by inserting , except that an individual receiving qualified psychologist services as described in section 1861(ii) may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law before the semicolon. (b) Skilled Nursing Facilities Section 1819(b) of such Act ( 42 U.S.C. 1395i–3(b) ) is amended— (1) in paragraph (5)(G), by inserting clinical psychologist, after nurse practitioner, ; and (2) in paragraph (6)(A), by inserting , except that a resident receiving qualified psychologist services as described in section 1861(ii) may be under the supervision of a clinical psychologist with respect to such services to the extent authorized under State law before the semicolon. (c) Partial hospitalization services (1) Section 1835(a)(2)(F)(iii) of the Social Security Act ( 42 U.S.C. 1395n(a)(2)(F)(iii) ) is amended by inserting , except that an individual receiving qualified psychologist services as described in section 1861(ii) may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law before the period. (2) Section 1861(ff)(1) of such Act ( 42 U.S.C. 1395x(ff)(1) ) is amended by inserting (or, in the case of qualified psychologist services, under the supervision of a clinical psychologist to the extent authorized under State law) after under the supervision of a physician . (d) Home health services (1) Section 1861(m) of such Act ( 42 U.S.C. 1395x(m) ) is amended— (A) in paragraph (6), by striking and at the end; (B) in paragraph (7), by inserting and after the semicolon; and (C) by inserting after paragraph (7) the following new paragraph: (8) an individual receiving qualified psychologist services may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law. . (2) Section 1891(a)(3)(F) of such Act ( 42 U.S.C. 1395bbb(a)(3)(F) ) is amended by inserting clinical psychologist, after physician, . (e) Inpatient psychiatric hospital services Section 1814(a)(2)(A) of such Act ( 42 U.S.C. 1395f(a)(2)(A) ) is amended by inserting (or, in the case of qualified psychologist services, under the supervision of a clinical psychologist to the extent authorized under State law) after under the supervision of a physician . (f) Rule of construction In accordance with section 410.71(e) of title 42, Code of Federal Regulations (or any successor regulation), nothing in the provisions of, and amendments made by, this section shall be construed as changing or eliminating existing requirements regarding clinical consultation by clinical psychologists with a beneficiary’s physician, in accordance with accepted professional ethical norms and taking into consideration patient confidentiality. | https://www.govinfo.gov/content/pkg/BILLS-117s5272is/xml/BILLS-117s5272is.xml |
117-s-5273 | II 117th CONGRESS 2d Session S. 5273 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require a determination of whether certain Chinese entities are responsible for human rights abuses that meet the criteria for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act or the Uyghur Human Rights Policy Act of 2020.
1. Short title This Act may be cited as the Uyghur Human Rights Sanctions Review Act . 2. Determination of whether actions of certain Chinese entities meet criteria for imposition of sanctions (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, shall— (1) determine whether any entity specified in subsection (b)— (A) is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuses against Uyghurs or other predominantly Muslim ethnic groups in the Xinjiang Uyghur Autonomous Region of the People's Republic of China; and (B) meets the criteria for the imposition of sanctions under— (i) the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ); (ii) section 6 of the Uyghur Human Rights Policy Act of 2020 ( Public Law 116–145 ; 22 U.S.C. 6901 note); or (iii) Executive Order 13818 ( 50 U.S.C. 1701 note; relating to blocking the property of persons involved in serious human rights abuse or corruption), as amended on or after the date of the enactment of this Act; and (2) submit to Congress a report on that determination that includes the reasons for the determination. (b) Entities specified An entity specified in this subsection is any of the following: (1) Hangzhou Hikvision Digital Technology Co., Ltd. (2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group). (3) Tiandy Technologies Co., Ltd. (4) Zhejiang Dahua Technology Co., Ltd. | https://www.govinfo.gov/content/pkg/BILLS-117s5273is/xml/BILLS-117s5273is.xml |
117-s-5274 | II 117th CONGRESS 2d Session S. 5274 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to reinstate criminal penalties for persons charging veterans unauthorized fees relating to claims for benefits under the laws administered by the Secretary of Veterans Affairs, and for other purposes.
1. Reinstatement of penalties for charging veterans unauthorized fees relating to claims for benefits under laws administered by the Secretary of Veterans Affairs Section 5905 of title 38, United States Code, is amended— (1) in the section heading, by striking Penalty and inserting Penalties (and conforming the table of sections at the beginning of chapter 59 of such title accordingly); (2) by striking Whoever and inserting the following: (a) Withholding of benefits Whoever ; and (3) by adding at the end the following new subsection: (b) Charging of unauthorized fees Except as provided in sections 5904 or 1984 of this title, whoever solicits, contracts for, charges, or receives, or attempts to solicit, contract for, charge, or receive, any fee or compensation with respect to the preparation, presentation, or prosecution of any claim for benefits under the laws administered by the Secretary shall be fined as provided in title 18. . 2. Limitation on attorney fees for Federal cause of action relating to water at Camp Lejeune, North Carolina Section 804 of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 ( Public Law 117–168 ; 28 U.S.C. 2671 note prec.) is amended by adding at the end the following new subsection: (k) Attorney fees (1) Limitations No legal representative of an individual who brings an action under subsection (b) or who presents a claim under section 2675 of title 28, United States Code, pursuant to subsection (h) shall charge, demand, receive, or collect for services rendered in bringing such action or presenting such claim, fees in excess of— (A) 20 percent of an award, compromise, or settlement made or reached within 180 days after presenting a claim under section 2675 of title 28, United States Code, pursuant to subsection (h); and (B) 33.3 percent on a claim that is resolved by settlement, compromise, or judgement after the initiation of an action. (2) Terms for payment of fees Any judgment rendered, settlement entered, compromise made, or other award made with respect to an action brought under subsection (b) or a claim presented under section 2675 of title 28, United States Code, pursuant to subsection (h) by a legal representative of an individual shall require the following: (A) All funds from the judgment, settlement, compromise, or other award shall be deposited into an account held in trust for the individual in accordance with all applicable provisions of State law. (B) The legal representative shall— (i) once any funds described in subparagraph (A) have been deposited into an account pursuant to such subparagraph, notify the individual of such deposit; and (ii) promptly deliver to such individual such amount of such funds as the individual is entitled to receive. (C) That no funds shall be paid from the account described in subparagraph (A) to a legal representative of the individual as compensation for services rendered to such individual until the relevant funds from such account have been disbursed to the individual in accordance with subparagraph (B). (3) Penalties (A) Fee limitations Any legal representative who charges, demands, receives, or collects for services rendered in connection with an action under subsection (b) or a claim under section 2675 of title 28, United States Code, pursuant to subsection (h), any amount in excess of that allowed under paragraph (1) of this subsection, if recovery be had, shall be fined not more than $5,000. (B) Terms for payment Failure of a legal representative subject to paragraph (2) to comply with a requirement of such paragraph shall be punishable consistent with the penalties provided in section 2678 of title 28, United States Code. (4) Rule of construction Nothing in this subsection shall be construed to annul, alter, affect, or exempt any person from complying with the laws of any State or locality with respect to the practice of law, except to the extent that those laws are inconsistent with any provision of this subsection, and then only to the extent of the inconsistency. . | https://www.govinfo.gov/content/pkg/BILLS-117s5274is/xml/BILLS-117s5274is.xml |
117-s-5275 | II 117th CONGRESS 2d Session S. 5275 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Casey (for himself and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require that certain aspects of bridge projects be carried out by certified contractors, and for other purposes.
1. Short title This Act may be cited as the Bridge Quality Preservation Act . 2. Corrosion prevention for bridges (a) Definitions In this section: (1) Applicable bridge project The term applicable bridge project means a project for construction, replacement, rehabilitation, preservation, or protection, other than de minimis work, as determined by the entity carrying out the project, on— (A) a bridge project that receives financial assistance under title 23, United States Code; or (B) a project for a railroad bridge (as defined in section 237.5 of title 49, Code of Federal Regulations (or successor regulations)) that receives financial assistance under title 49, United States Code. (2) Certified contractor The term certified contractor means a contracting or subcontracting firm that has been certified by a third-party organization recognized industry-wide that evaluates the capability of the contractor or subcontractor to properly perform 1 or more specified aspects of an applicable bridge project described in subsection (b)(2). (3) Qualified training program The term qualified training program means a training program in corrosion control, mitigation, and prevention that is— (A) offered or accredited by an organization that sets industry corrosion standards; or (B) an industrial coatings applicator training program— (i) 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. ); and (ii) that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations (or successor regulations). (b) Applicable bridge projects (1) Quality control A certified contractor shall carry out aspects of an applicable bridge project described in paragraph (2). (2) Aspects of applicable bridge projects Aspects of an applicable bridge project referred to in paragraph (1) include— (A) surface preparation or coating application on steel, concrete, or rebar of an applicable bridge project; (B) removal of a lead-based or other hazardous coating from steel or concrete of an existing applicable bridge project; and (C) shop painting of structural steel or rebar fabricated for installation on an applicable bridge project. (3) Corrosion management system In carrying out an applicable bridge project, the entity carrying out the project shall— (A) implement a corrosion management system that utilizes industry-recognized standards and corrosion mitigation and prevention methods to address different considerations, including— (i) surface preparation; (ii) protective coatings; (iii) materials selection; (iv) cathodic protection; (v) corrosion engineering; (vi) personnel training; and (vii) best practices in environmental protection to prevent environmental degradation and uphold public health; and (B) require certified contractors, for the purpose of carrying out aspects of applicable bridge projects described in paragraph (2), to employ a substantial number of individuals that are trained and certified by a qualified training program as meeting the ANSI/NACE Number 13/SSPC–ACS–1 standard (or a successor standard). (4) Certification For an applicable bridge project that includes an aspect described in paragraph (2), the entity carrying out the project shall only accept bids from a certified contractor that presents written proof that the certification of the contractor meets the relevant SSPC–QP standards (or a successor standard). (c) Training program As a condition of entering into a contract for an applicable bridge project, each certified contractor shall provide training for each individual who is not a certified coating applicator but that the certified contractor employs to carry out aspects of applicable bridge projects described in subsection (b)(2). 3. Availability of Federal grant funding for corrosion control work on rail bridges Section 22402(b)(1) of title 49, United States Code, is amended— (1) in subparagraph (E), by striking or at the end; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) to perform corrosion control work on rail bridges; or . 4. Study on efficacy of weathering steel (a) Findings Congress finds that— (1) weathering steel is often used for bridge construction projects because of its ability to withstand weather conditions better than other forms of steel; (2) the recent collapse of the Fern Hollow Bridge in Pittsburgh, Pennsylvania, in January 2022 highlights the real threat that corrosion poses to the bridges of the United States; (3) more research is needed into the vulnerabilities of weathering steel; and (4) States and units of local government need more information on when and how to address the risk of corrosion to weathering steel. (b) Study Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall— (1) carry out a study on best practices for— (A) the frequency and method of inspecting corrosion on weathering steel bridges; and (B) addressing corrosion on weathering steel bridges; (2) submit to the Committee on Environment and Public Works of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under paragraph (1); and (3) make the report under paragraph (2) available to State departments of transportation, metropolitan planning organizations (as defined in section 134(b) of title 23, United States Code), regional transportation planning organizations (as defined in that section), and units of local government that own bridge assets. | https://www.govinfo.gov/content/pkg/BILLS-117s5275is/xml/BILLS-117s5275is.xml |
117-s-5276 | II 117th CONGRESS 2d Session S. 5276 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Duckworth (for herself, Mrs. Murray , Mrs. Gillibrand , 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 prohibit the limitation of access to assisted reproductive technology, and all medically necessary care surrounding such technology.
1. Short title This Act may be cited as the Right to Build Families Act of 2022 . 2. Definitions In this Act: (1) Assisted reproductive technology The term assisted reproductive technology has the meaning given such term in section 8 of the Fertility Clinic Success Rate and Certification Act of 1992 ( 42 U.S.C. 263a–7(1) ). (2) Health care provider The term health care provider means any entity or individual (including any physician, nurse practitioner, physician assistant, pharmacist, and other individuals, as determined by the Secretary of Health and Human Services) that— (A) is engaged or seeks to engage in the delivery of assisted reproductive technology, such as through the provision of evidence-based information, counseling, or items and services related to fertility treatment; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services— (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized but for the individual's or entity's past, present, or potential provision of assisted reproductive technology in accordance with section 3. (3) State The term State includes each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any political subdivision of a State. 3. Right to assisted reproductive technology (a) Prohibition No State, or official or employee of a State acting in the scope of such appointment or employment, may prohibit or unreasonably limit, for reasons other than to enforce regulations described in subsection (c)— (1) any individual from— (A) accessing assisted reproductive technology; (B) continuing or completing an ongoing assisted reproductive technology treatment or procedure pursuant to a written plan or agreement with a health care provider; or (C) retaining all rights regarding the use of reproductive genetic materials, including gametes; (2) any health care provider from— (A) performing assisted reproductive technology treatments or procedures; or (B) providing evidence-based information related to assisted reproductive technology; or (3) any insurance provider from covering assisted reproductive technology treatments or procedures. (b) Enforcement (1) The 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 subsection (a). The court shall hold unlawful and set aside the limitation or requirement if it is in violation of subsection (a). (2) Private right of action Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State that violates this section or against any government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (3) Health care provider A health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, and on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of subsection (a). (4) Equitable relief In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (5) Costs In any action under this section, 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 non-frivolous action under this section. (6) Jurisdiction The district courts of the United States shall have jurisdiction over proceedings under this section 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. (7) 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 subsection (a) 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. (8) 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. (c) State regulation of medicine Nothing in this Act shall be construed to prohibit enforcement of health and safety regulations a State requires of medical facilities or providers, if such regulations— (1) advance the safety of health care services or the health of patients; and (2) cannot be advanced by a less restrictive alternative measure or action. (d) Insurance Nothing in this Act shall be construed to modify, supersede, or otherwise affect any Federal or State law regarding insurance coverage of assisted reproductive technologies and treatments. (e) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to carry out this section. 4. Severability If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s5276is/xml/BILLS-117s5276is.xml |
117-s-5277 | II 117th CONGRESS 2d Session S. 5277 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Durbin (for himself, Mr. Markey , Mr. Murphy , Mr. Sanders , Ms. Klobuchar , Ms. Smith , Mr. Schatz , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To reform the financing of Senate elections, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Fair Elections Now Act of 2022 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Small Donor Incentive Programs Sec. 101. Sense of the Senate regarding small donor incentive programs. TITLE II—Small Dollar Financing of Senate Election Campaigns Sec. 201. Eligibility requirements and benefits of fair elections financing of Senate election campaigns. Sec. 202. Prohibition on joint fundraising committees. Sec. 203. Exception to limitation on coordinated expenditures by political party committees with participating candidates. TITLE III—Responsibilities of the Federal Election Commission Sec. 301. Petition for certiorari. Sec. 302. Electronic filing of FEC reports. TITLE IV—Revenue Provisions Sec. 401. Freedom From Influence Fund revenue. TITLE V—Miscellaneous Provisions Sec. 501. Severability. Sec. 502. Effective date. I Small Donor Incentive Programs 101. Sense of the Senate regarding small donor incentive programs It is the sense of the Senate that Congress should take steps to allow more Americans to fully participate in our democracy through authorizing publicly financed small donor incentive programs, including small-dollar voucher programs that broaden and diversify the number of Americans who are able to have their voice heard in the marketplace of ideas. II Small Dollar Financing of Senate Election Campaigns 201. Eligibility requirements and benefits of fair elections financing of Senate election campaigns The Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by adding at the end the following: V Fair Elections Financing of Senate Election Campaigns A General provisions 501. Definitions In this title: (1) Allocation from the fund The term allocation from the Fund means an allocation of money from the Freedom From Influence Fund to a participating candidate pursuant to section 522. (2) Commission The term Commission means the Federal Election Commission. (3) Enhanced matching contribution The term enhanced matching contribution means an enhanced matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 524. (4) Enhanced support qualifying period The term enhanced support qualifying period means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. (5) Fair elections qualifying period The term Fair Elections qualifying period means, with respect to any candidate for Senator, the period— (A) beginning on the date on which the candidate files a statement of intent under section 511(a)(1); and (B) ending on the date that is 30 days before— (i) the date of the primary election; or (ii) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (6) Fair elections start date The term Fair Elections start date means, with respect to any candidate, the date that is 180 days before— (A) the date of the primary election; or (B) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (7) Fund The term Fund means the Freedom From Influence Fund established by section 502. (8) Immediate family The term immediate family means, with respect to any candidate— (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (9) Matching contribution The term matching contribution means a matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 523. (10) Nonparticipating candidate The term nonparticipating candidate means a candidate for Senator who is not a participating candidate. (11) Participating candidate The term participating candidate means a candidate for Senator who is certified under section 514 as being eligible to receive an allocation from the Fund. (12) Qualifying contribution The term qualifying contribution means, with respect to a candidate, a contribution that— (A) is in an amount that is— (i) not less than $5; and (ii) not more than $200; (B) is made by an individual who is not otherwise prohibited from making a contribution under this Act; (C) is made during the Fair Elections qualifying period; and (D) meets the requirements of section 512(b). (13) Qualified small dollar contribution The term qualified small dollar contribution means, with respect to a candidate, any contribution (or series of contributions)— (A) which is not a qualifying contribution (or does not include a qualifying contribution); (B) which is made by an individual who is not prohibited from making a contribution under this Act; and (C) the aggregate amount of which does not exceed $200 per election. (14) Qualifying multicandidate political committee contribution (A) In general The term qualifying multicandidate political committee contribution means any contribution to a candidate that is made from a qualified account of a multicandidate political committee (within the meaning of section 315(a)(2)). (B) Qualified account For purposes of subparagraph (A), the term qualified account means, with respect to a multicandidate political committee, a separate, segregated account of the committee that consists solely of contributions which meet the following requirements: (i) All contributions to such account are made by individuals who are not prohibited from making contributions under this Act. (ii) The aggregate amount of contributions from each individual to such account and all other accounts of the political committee do not exceed the amount described in paragraph (13)(C). 502. Freedom from Influence Fund (a) Establishment There is established in the Treasury a fund to be known as the Freedom from Influence Fund . (b) Amounts held by Fund The Fund shall consist of the following amounts: (1) Appropriated amounts (A) In general Amounts appropriated to the Fund. (B) Sense of the Senate regarding appropriations It is the sense of the Senate that— (i) there should be imposed on any payment made to any person (other than a State or local government or a foreign nation) who has a contract with the Government of the United States in excess of $10,000,000 a tax equal to 0.50 percent of amount paid pursuant to each contract, except that the aggregate tax on each contract for any taxable year shall not exceed $500,000; and (ii) the revenue from such tax should be appropriated to the Fund. (2) Voluntary contributions Voluntary contributions to the Fund. (3) Other deposits Amounts deposited into the Fund under— (A) section 513(c) (relating to exceptions to contribution requirements); (B) section 521(c) (relating to remittance of allocations from the Fund); (C) section 532 (relating to violations); and (D) any other section of this Act. (4) Investment returns Interest on, and the proceeds from, the sale or redemption of, any obligations held by the Fund under subsection (c). (c) Investment The Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) of the Internal Revenue Code of 1986. (d) Use of Fund (1) In general The sums in the Fund shall be used to provide benefits to participating candidates as provided in subtitle C. (2) Insufficient amounts Under regulations established by the Commission, rules similar to the rules of section 9006(c) of the Internal Revenue Code shall apply. B Eligibility and certification 511. Eligibility (a) In general A candidate for Senator is eligible to receive an allocation from the Fund for any election if the candidate meets the following requirements: (1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate under this title during the period beginning on the Fair Elections start date and ending on the last day of the Fair Elections qualifying period. (2) The candidate meets the qualifying contribution requirements of section 512. (3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 513(d)(2). (4) Not later than the last day of the Fair Elections qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate’s principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 513; (B) if certified, will not run as a nonparticipating candidate during such year in any election for the office that such candidate is seeking; and (C) has either qualified or will take steps to qualify under State law to be on the ballot. (b) General election Notwithstanding subsection (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate otherwise qualified to be on the ballot under State law. 512. Qualifying contribution requirement (a) In general A candidate for Senator meets the requirement of this section if, during the Fair Elections qualifying period, the candidate obtains— (1) a number of qualifying contributions equal to the sum of— (A) 2,000; plus (B) 500 for each congressional district in the State with respect to which the candidate is seeking election; and (2) a total dollar amount of qualifying contributions equal to 10 percent of the amount of the allocation such candidate would be entitled to receive for the primary election under section 522(c)(1) (determined without regard to paragraph (5) thereof) if such candidate were a participating candidate. (b) Requirements relating to receipt of qualifying contribution Each qualifying contribution— (1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account; (2) shall be accompanied by a signed statement containing the contributor’s name and the contributor’s address in the State in which the contributor is registered to vote; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. (c) Verification of qualifying contributions The Commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section. 513. Contribution and expenditure requirements (a) General rule A candidate for Senator meets the requirements of this section if, during the election cycle of the candidate, the candidate— (1) except as provided in subsection (b), accepts no contributions other than— (A) qualifying contributions; (B) qualified small dollar contributions; (C) qualifying multicandidate political committee contributions; (D) allocations from the Fund under section 522; (E) matching contributions under section 523; (F) enhanced matching contributions under section 524; (G) vouchers provided to the candidate under section 525; (H) subject to subsection (c), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions); and (I) subject to subsection (d), contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000; and (2) makes no expenditures from any amounts other than from— (A) qualifying contributions; (B) qualified small dollar contributions; (C) qualifying multicandidate political committee contributions; (D) allocations from the Fund under section 522; (E) matching contributions under section 523; (F) enhanced matching contributions under section 524; (G) vouchers provided to the candidate under section 525; (H) subject to subsection (c), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions); and (I) subject to subsection (d), contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. For purposes of this subsection, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. (b) Contributions for leadership PACs, etc A political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in subsection (a)(1) from any person if— (1) the aggregate contributions from such person for any calendar year do not exceed $200; and (2) no portion of such contributions is disbursed in connection with the campaign of the participating candidate. (c) Special rules for personal funds A candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as— (1) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate’s certification as a participating candidate) does not exceed $50,000; and (2) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. (d) Requirements relating to subsequent contributions and notification requirements (1) Restriction on subsequent contributions (A) Prohibiting donor from making subsequent nonqualified contributions during election cycle An individual who makes a qualified small dollar contribution to a candidate with respect to an election may not make any subsequent contribution to such candidate with respect to the election cycle which is not a qualified small dollar contribution. (B) Treatment of subsequent nonqualified contributions If, notwithstanding the prohibition described in subparagraph (A), an individual who makes a qualified small dollar contribution to a candidate with respect to an election makes a subsequent contribution to such candidate with respect to the election which is prohibited under subparagraph (A) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: (i) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (13)(C) of section 501 (relating to the aggregate amount of qualified small dollar contributions that may be made by an individual to a candidate), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in such paragraph. (ii) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission for deposit in the Freedom from Influence Fund established by section 502 an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. (C) No effect on ability to make multiple contributions Nothing in this subsection may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets the definition of a qualified small dollar contribution under section 501(13). (2) Notification requirements for candidates (A) Notification Each authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: (i) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. (ii) A statement that a contribution which meets the definition of a qualified small dollar contribution under section 501(13) shall be treated as a qualified small dollar contribution under this title. (iii) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. (B) Alternative methods of meeting requirements An authorized committee may meet the requirements of subparagraph (A)— (i) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or (ii) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet). (e) Exception Notwithstanding subsection (a), a candidate shall not be treated as having failed to meet the requirements of this section if any contributions that are not qualified small dollar contributions, qualifying contributions, qualifying multicandidate political committee contributions, or contributions that meet the requirements of subsection (b) and that are accepted before the date the candidate files a statement of intent under section 511(a)(1) are— (1) returned to the contributor; or (2) submitted to the Commission for deposit in the Fund. 514. Certification (a) In general Not later than 5 days after a candidate for Senator files an affidavit under section 511(a)(4), the Commission shall— (1) certify whether or not the candidate is a participating candidate; and (2) notify the candidate of the Commission’s determination. (b) Revocation of certification (1) In general The Commission may revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification; or (B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Repayment of benefits If certification is revoked under paragraph (1), the candidate shall repay to the Fund an amount equal to the value of benefits received under this title plus interest (at a rate determined by the Commission) on any such amount received. C Benefits 521. Benefits for participating candidates (a) In general For each election with respect to which a candidate is certified as a participating candidate under section 514, such candidate shall be entitled to— (1) an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 522; (2) matching contributions, as provided in section 523; (3) enhanced matching contributions, as provided in section 524; and (4) for the general election, vouchers for broadcasts of political advertisements, as provided in section 525. (b) Restriction on uses of allocations from the fund Allocations from the Fund received by a participating candidate under section 522, matching contributions under section 523, and enhanced matching contributions under section 524 may only be used for campaign-related costs. (c) Remitting allocations from the fund (1) In general Not later than the date that is 180 days after an election in which the participating candidate appeared on the ballot, such participating candidate shall remit to the Commission for deposit in the Fund an amount equal to the lesser of— (A) the amount of money in the candidate’s campaign account; or (B) the sum of the allocations from the Fund received by the candidate under section 522, the matching contributions received by the candidate under section 523, and the enhanced matching contributions under section 524. (2) Exceptions (A) Subsequent election In the case of a candidate who qualifies to be on the ballot for a primary runoff election, a general election, or a general runoff election, the amounts described in paragraph (1) may be retained by the candidate and used in such subsequent election. (B) Candidate seeking certification for next election cycle Notwithstanding paragraph (1), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under paragraph (1) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission’s determination that the candidate does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. 522. Allocations from the fund (a) In general The Commission shall make allocations from the Fund under section 521(a)(1) to a participating candidate— (1) in the case of amounts provided under subsection (d)(1), after the date on which such candidate is certified as a participating candidate under section 514; (2) in the case of a general election after— (A) the date of the certification of the results of the primary election or the primary runoff election; or (B) in any case in which there is no primary election, the date the candidate qualifies to be placed on the ballot; and (3) in the case of a primary runoff election or a general runoff election, after the certification of the results of the primary election or the general election, as the case may be. (b) Method of payment The Commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card. (c) Timing of payment The Commission shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after date of the applicable certification as described in subsection (a). (d) Amounts (1) Primary election allocation; initial allocation Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a primary election to a participating candidate in an amount equal to 67 percent of the base amount with respect to such participating candidate. (2) Primary runoff election allocation The Commission shall make an allocation from the Fund for a primary runoff election to a participating candidate in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the primary election. (3) General election allocation Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a general election to a participating candidate in an amount equal to the base amount with respect to such candidate. (4) General runoff election allocation The Commission shall make an allocation from the Fund for a general runoff election to a participating candidate in an amount equal to 25 percent of the base amount with respect to such candidate. (5) Uncontested elections (A) In general In the case of a primary or general election that is an uncontested election, the Commission shall make an allocation from the Fund to a participating candidate for such election in an amount equal to 25 percent of the allocation which such candidate would be entitled to under this section for such election if this paragraph did not apply. (B) Uncontested election defined For purposes of this subparagraph, an election is uncontested if not more than 1 candidate has campaign funds (including payments from the Fund) in an amount equal to or greater than 10 percent of the allocation a participating candidate would be entitled to receive under this section for such election if this paragraph did not apply. (e) Base amount (1) In general Except as otherwise provided in this subsection, the base amount for any candidate is an amount equal to the sum of— (A) $750,000; plus (B) $150,000 for each congressional district in the State with respect to which the candidate is seeking election. (2) Indexing In each even-numbered year after 2027— (A) each dollar amount under paragraph (1) shall be increased by the percent difference between the price index (as defined in section 315(c)(2)(A)) for the 12 months preceding the beginning of such calendar year and the price index for calendar year 2022; (B) each dollar amount so increased shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (C) if any amount after adjustment under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. 523. Matching payments for qualified small dollar contributions (a) In general The Commission shall pay to each participating candidate an amount equal to 600 percent of the amount of qualified small dollar contributions received by the candidate from individuals after the date on which such candidate is certified under section 514. (b) Limitation The aggregate payments under subsection (a) with respect to any candidate shall not exceed 400 percent of the allocation such candidate is entitled to receive for such election under section 522 (determined without regard to subsection (d)(5) thereof). (c) Time of payment The Commission shall make payments under this section not later than 2 business days after the receipt of a report made under subsection (d). (d) Reports (1) In general Each participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the Commission may by regulations prescribe. (2) Contents of reports Each report under this subsection shall disclose— (A) the amount of each qualified small dollar contribution received by the candidate; and (B) the name, address, and occupation of each individual who made a qualified small dollar contribution to the candidate. (3) Frequency of reports Reports under this subsection shall be made no more frequently than— (A) once every month until the date that is 90 days before the date of the election; and (B) once every week after the period described in subparagraph (A) and until the date of the election. (4) Limitation on regulations The Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election. (e) Appeals The Commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide the opportunity for review and reconsideration within 5 business days of such denial. 524. Enhanced matching support (a) In general In addition to the payments made under section 523, the Commission shall make an additional payment to an eligible candidate under this section. (b) Eligibility A candidate is eligible to receive an additional payment under this section if the candidate meets each of the following requirements: (1) The candidate is on the ballot for the general election for the office the candidate seeks. (2) The candidate is certified as a participating candidate under this title with respect to the election. (3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than the sum of $15,000 for each congressional district in the State with respect to which the candidate is seeking election. (4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes— (A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; (B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and (C) such other information and assurances as the Commission may require. (5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this title. (c) Amount (1) In general Subject to paragraph (2), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of— (A) the amount of the payment made to the candidate under section 523 with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under (b)(4)(A)); or (B) in the case of a candidate who is not eligible to receive a payment under section 523 with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under section 523, the amount of the payment which would have been made to the candidate under section 523 with respect to such qualified small dollar contributions if the candidate had not reached such limit. (2) Limit The amount of the additional payment determined under paragraph (1) with respect to a candidate may not exceed the sum of $150,000 for each congressional district in the State with respect to which the candidate is seeking election. (3) No effect on aggregate limit The amount of the additional payment made to a candidate under this section shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 523. 525. Political advertising vouchers (a) In general The Commission shall establish and administer a voucher program for the purchase of airtime on broadcasting stations for political advertisements in accordance with the provisions of this section. (b) Candidates The Commission shall only disburse vouchers under the program established under subsection (a) to participants certified pursuant to section 514 who have agreed in writing to keep and furnish to the Commission such records, books, and other information as it may require. (c) Amounts The Commission shall disburse vouchers to each candidate certified under subsection (b) in an aggregate amount equal to $100,000 multiplied by the number of congressional districts in the State with respect to which such candidate is running for office. (d) Use (1) Exclusive use Vouchers disbursed by the Commission under this section may be used only for the purchase of broadcast airtime for political advertisements relating to a general election for the office of Senate by the participating candidate to which the vouchers were disbursed, except that— (A) a candidate may exchange vouchers with a political party under paragraph (2); and (B) a political party may use vouchers only to purchase broadcast airtime for political advertisements for generic party advertising (as defined by the Commission in regulations), to support candidates for State or local office in a general election, or to support participating candidates of the party in a general election for Federal office, but only if it discloses the value of the voucher used as an expenditure under section 315(d). (2) Exchange with political party committee (A) In general A participating candidate who receives a voucher under this section may transfer the right to use all or a portion of the value of the voucher to a committee of the political party of which the individual is a candidate (or, in the case of a participating candidate who is not a member of any political party, to a committee of the political party of that candidate’s choice) in exchange for money in an amount equal to the cash value of the voucher or portion exchanged. (B) Continuation of candidate obligations The transfer of a voucher, in whole or in part, to a political party committee under this paragraph does not release the candidate from any obligation under the agreement made under subsection (b) or otherwise modify that agreement or its application to that candidate. (C) Party committee obligations Any political party committee to which a voucher or portion thereof is transferred under subparagraph (A)— (i) shall account fully, in accordance with such requirements as the Commission may establish, for the receipt of the voucher; and (ii) may not use the transferred voucher or portion thereof for any purpose other than a purpose described in paragraph (1)(B). (D) Voucher as a contribution under FECA If a candidate transfers a voucher or any portion thereof to a political party committee under subparagraph (A)— (i) the value of the voucher or portion thereof transferred shall be treated as a contribution from the candidate to the committee, and from the committee to the candidate, for purposes of sections 302 and 304; (ii) the committee may, in exchange, provide to the candidate only funds subject to the prohibitions, limitations, and reporting requirements of title III of this Act; and (iii) the amount, if identified as a voucher exchange , shall not be considered a contribution for the purposes of sections 315 and 513. (e) Value; acceptance; redemption (1) Voucher Each voucher disbursed by the Commission under this section shall have a value in dollars, redeemable upon presentation to the Commission, together with such documentation and other information as the Commission may require, for the purchase of broadcast airtime for political advertisements in accordance with this section. (2) Acceptance A broadcasting station shall accept vouchers in payment for the purchase of broadcast airtime for political advertisements in accordance with this section. (3) Redemption The Commission shall redeem vouchers accepted by broadcasting stations under paragraph (2) upon presentation, subject to such documentation, verification, accounting, and application requirements as the Commission may impose to ensure the accuracy and integrity of the voucher redemption system. (4) Expiration (A) Candidates A voucher may only be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on the day before the date of the Federal election in connection with which it was issued and shall be null and void for any other use or purpose. (B) Exception for political party committees A voucher held by a political party committee may be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on December 31st of the odd-numbered year following the year in which the voucher was issued by the Commission. (5) Voucher as expenditure under feca The use of a voucher to purchase broadcast airtime constitutes an expenditure as defined in section 301(9)(A). (f) Definitions In this section: (1) Broadcasting station The term broadcasting station has the meaning given that term by section 315(f)(1) of the Communications Act of 1934. (2) Political party The term political party means a major party or a minor party as defined in section 9002 (3) or (4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002 (3) or (4)). D Administrative provisions 531. Duties of the Federal Election Commission (a) Duties and powers (1) Administration The Commission shall have the power to administer the provisions of this title and shall prescribe regulations to carry out the purposes of this title, including regulations— (A) to establish procedures for— (i) verifying the amount of valid qualifying contributions with respect to a candidate; (ii) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (iii) monitoring the raising of qualifying multicandidate political committee contributions through effectively and efficiently monitoring and enforcing the limits on individual contributions to qualified accounts of multicandidate political committees; (iv) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; (v) monitoring the use of allocations from the Fund and matching contributions under this title through audits or other mechanisms; and (vi) the administration of the voucher program under section 525; and (B) regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. (2) Review of Fair Elections financing (A) In general After each general election for Federal office, the Commission shall conduct a comprehensive review of the Fair Elections financing program under this title, including— (i) the maximum dollar amount of qualified small dollar contributions under section 501(13); (ii) the maximum and minimum dollar amounts for qualifying contributions under section 501(12); (iii) the number and value of qualifying contributions a candidate is required to obtain under section 512 to qualify for allocations from the Fund; (iv) the amount of allocations from the Fund that candidates may receive under section 522; (v) the maximum amount of matching contributions a candidate may receive under section 523; (vi) the maximum amount of enhanced matching contributions a candidate may receive under section 524; (vii) the amount and usage of vouchers under section 525; (viii) the overall satisfaction of participating candidates and the American public with the program; and (ix) such other matters relating to financing of Senate campaigns as the Commission determines are appropriate. (B) Criteria for review In conducting the review under subparagraph (A), the Commission shall consider the following: (i) Qualifying contributions and qualified small dollar contributions The Commission shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Commission determines is appropriate. (ii) Review of program benefits The Commission shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualifying contributions and small dollar contributions), allocations from the Fund under section 522, matching contributions under section 523, enhanced matching contributions under section 524, and vouchers under section 525 are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Commission determines is appropriate. (C) Recommendations for adjustment of amounts Based on the review conducted under subparagraph (A), the Commission shall make recommendations to Congress for any adjustment of the following amounts: (i) The maximum dollar amount of qualified small dollar contributions under section 501(13)(C). (ii) The maximum and minimum dollar amounts for qualifying contributions under section 501(12)(A). (iii) The number and value of qualifying contributions a candidate is required to obtain under section 512(a)(1). (iv) The base amount for candidates under section 522(d). (v) The maximum amount of matching contributions a candidate may receive under section 523(b). (vi) The maximum amount of enhanced matching contributions a candidate may receive under section 524(c). (vii) The dollar amount for vouchers under section 525(c). (D) Report Not later than March 30 following any general election for Federal office, the Commission shall submit a report to Congress on the review conducted under subparagraph (A) and any recommendations developed under subparagraph (C). Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission based on such review. (b) Reports Not later than March 30, 2026, and every 2 years thereafter, the Commission shall submit to the Senate Committee on Rules and Administration a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle. 532. Violations and penalties (a) Civil penalty for violation of contribution and expenditure requirements If a candidate who has been certified as a participating candidate under section 514 accepts a contribution or makes an expenditure that is prohibited under section 513, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Fund. (b) Repayment for improper use of freedom from influence fund (1) In general If the Commission determines that any benefit made available to a participating candidate under this title was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— (A) the amount of benefits so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. . 202. Prohibition on joint fundraising committees Section 302(e) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102(e) ) is amended by adding at the end the following new paragraph: (6) No authorized committee of a participating candidate (as defined in section 501) may establish a joint fundraising committee with a political committee other than an authorized committee of a candidate. . 203. Exception to limitation on coordinated expenditures by political party committees with participating candidates Section 315(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (3)(A), by striking in the case of and inserting except as provided in paragraph (6), in the case of ; and (2) by adding at the end the following new paragraph: (6) (A) The limitation under paragraph (3)(A) shall not apply with respect to any expenditure from a qualified political party-participating candidate coordinated expenditure fund. (B) In this paragraph, the term qualified political party-participating candidate coordinated expenditure fund means a fund established by the national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, for purposes of making expenditures in connection with the general election campaign of a candidate for election to the office of Senator who is a participating candidate (as defined in section 501), that only accepts qualified coordinated expenditure contributions. (C) In this paragraph, the term qualified coordinated expenditure contribution means, with respect to the general election campaign of a candidate for election to the office of Senator who is a participating candidate (as defined in section 501), any contribution (or series of contributions)— (i) which is made by an individual who is not prohibited from making a contribution under this Act; and (ii) the aggregate amount of which does not exceed $500 per election. . III Responsibilities of the Federal Election Commission 301. Petition for certiorari Section 307(a)(6) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107(a)(6) ) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal . 302. Electronic filing of FEC reports Section 304(a)(11) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(a)(11) ) is amended— (1) in subparagraph (A), by striking under this Act— and all that follows and inserting under this Act shall be required to maintain and file such designation, statement, or report in electronic form accessible by computers. ; (2) in subparagraph (B), by striking 48 hours and all that follows through filed electronically) and inserting 24 hours ; and (3) by striking subparagraph (D). IV Revenue Provisions 401. Freedom From Influence Fund revenue (a) In general The Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: 37 Tax on Payments Pursuant to Certain Government Contracts Sec. 4501. Imposition of tax. 4501. Imposition of tax (a) Tax imposed There is hereby imposed on any payment made to a qualified person pursuant to a contract with the Government of the United States a tax equal to 0.50 percent of the amount paid. (b) Limitation The aggregate amount of tax imposed per contract under subsection (a) for any calendar year shall not exceed $500,000. (c) Qualified person For purposes of this section, the term qualified person means any person which— (1) is not a State or local government, a foreign nation, or an organization described in section 501(c)(3) which is exempt from taxation under section 501(a), and (2) has a contract with the Government of the United States with a value in excess of $10,000,000. (d) Payment of tax The tax imposed by this section shall be paid by the person receiving such payment. (e) Use of revenue generated by tax It is the sense of the Senate that amounts equivalent to the revenue generated by the tax imposed under this chapter should be appropriated for the financing of a Freedom From Influence Fund and used for the public financing of Senate elections. . (b) Conforming amendment The table of chapters of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following: Chapter 37—Tax on Payments Pursuant to Certain Government Contracts . (c) Effective date The amendments made by this section shall apply to contracts entered into after the date of the enactment of this Act. V Miscellaneous Provisions 501. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. 502. Effective date (a) In general Except as may otherwise be provided in this Act and in the amendments made by this Act, this Act and the amendments made by this Act shall apply with respect to elections occurring during 2028 or any succeeding year, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this Act and the amendments made by this Act by the deadline set forth in subsection (b). (b) Deadline for regulations Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this Act and the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5277is/xml/BILLS-117s5277is.xml |
117-s-5278 | II 117th CONGRESS 2d Session S. 5278 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Plant Protection Act to require the publication of information on violations of wood packaging material regulations, and for other purposes.
1. Short title This Act may be cited as the Transparency in Invasive Pests on Pallets Improvement Act of 2022 or the TIPPI Act of 2022 . 2. Publication of information on violations of wood packaging material regulations Subtitle C of the Plant Protection Act ( 7 U.S.C. 7751 et seq. ) is amended by adding at the end the following: 439. Publication of information on violations of wood packaging material regulations (a) In general Beginning on January 1, 2024, the Secretary shall make publicly available on the website of the Department of Agriculture information on each violation of the regulations on wood packaging material (including solid wood pallets, crates, spools and other packaging, and solid wood dunnage) under subpart I of part 319 of title 7, Code of Federal Regulations (or successor regulations), with respect to cargo entering the United States. (b) Contents The information made publicly available under subsection (a) shall include, for each violation— (1) the date of the violation; (2) the type of violation; (3) the type of insect found if the violation is an insect infestation; (4) the type of wood packaging material; (5) information from the International Sanitary and Phytosanitary Measures No. 15 mark on the wood packaging material (including country, facility number, and treatment type); (6) the port of entry of the wood packaging material containing the commodity being shipped; (7) the country of origin of shipment of the wood packaging material containing the commodity being shipped; and (8) the commodity shipped in the wood packaging material. (c) Effect Nothing in this section establishes a cause of action against the Animal and Plant Health Inspection Service relating to the publication of information pursuant to this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s5278is/xml/BILLS-117s5278is.xml |
117-s-5279 | II 117th CONGRESS 2d Session S. 5279 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a pilot program to address technology-related abuse in domestic violence cases.
1. Short title This Act may be cited as the Tech Safety for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Act . 2. Findings Congress finds the following: (1) In the United States, 27 percent of women and 11 percent of men experience some form of physical violence or stalking by an intimate partner. (2) Many victims of intimate partner violence also experience nonphysical forms of abuse. (3) With the proliferation of digital technology, technological abuse has become increasingly prevalent and pervasive among victims of intimate partner violence. (4) According to a 2021 study by the National Network to End Domestic Violence, 97 percent of the programs providing support to victims of intimate partner violence have indicated that abusers are making use of technology to stalk, harass, or control victims. (5) In the United States, 1 in 3 women under the age of 35 report being sexually harassed online, and over half of LGBTQ+ individuals report being the target of online abuse based on their sexual orientation or gender. (6) Of victims who are stalked using technology— (A) 67 percent received unwanted phone calls, voice messages, or text messages; (B) 50 percent received unwanted emails or messages via the internet; (C) about 35 percent said their activities were monitored using social media; (D) 27 percent experienced the offender posting or threatening to post inappropriate, unwanted, or personal information about them on the internet; and (E) 19 percent said the offender spied on them or monitored their activities using technologies such as listening devices, cameras, or computer or cellphone monitoring software. (7) Technological abuse runs the gamut of technical sophistication, from the most basic social media platforms and phone-based apps to specialty stalkerware apps, demonstrating that technological abuse does not require huge financial resources or complex knowledge of technology. (8) Rapid advances in the technology and methods for technological abuse present challenges for advocates seeking to advise victims and prevent technological abuse. (9) The integration of trained technology experts into survivor support networks has been successful in preventing and shielding survivors from technological abuse. 3. Definitions In this Act: (1) Director The term Director means the Director of the Office on Violence Against Women. (2) Eligible consortium The term eligible consortium means an association— (A) between— (i) (I) 1 or more institutions of higher education that offers a masters, doctoral, or vocational program in information technology, cybersecurity, computer science, or other similar technological discipline; or (II) 1 or more private or public sector partners in the community with a technical workforce and a plan for recruiting technologists or volunteers to work alongside a victim service provider (as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) )); and (ii) 1 or more public or private domestic violence or sexual violence centers; and (B) which has a letter of support from the local, State, Tribal, or territorial government with jurisdiction over the area in which the activities to combat technological abuse will be implemented. (3) Institution of higher education The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) Pilot program The term pilot program means the pilot program established under section 4(a)(1). (5) Technological abuse The term technological abuse has the meaning given the term in section 40002(a)(40) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a)(40) ). 4. Pilot program to combat technological abuse (a) Pilot program authorized (1) In general The Director, in accordance with paragraph (2), shall establish a pilot program under which the Director may award grants to eligible consortia to combat technological abuse. (2) Consultation In preparing to establish the pilot program— (A) the Director shall consult with— (i) the Secretary of Health and Human Services; (ii) the Secretary of Education; and (iii) the Chairman of the Federal Communications Commission; and (B) the Director and the officers described in subparagraph (A) shall consult with relevant stakeholders, including— (i) groups that work on reducing technological abuse; and (ii) population specific and culturally specific victim service providers. (3) Application An eligible consortium desiring a grant under this section shall submit to the Director an application at such time, in such manner, and containing or accompanied by such information, as the Director may reasonably require. (4) Grant limits (A) Award amount A grant awarded under the pilot program shall be in an amount that is not more than $2,000,000. (B) Number of recipients Not more than 15 grants may be awarded under the pilot program. (5) Duration of pilot program The pilot program shall terminate on the date that is 5 years after the date of the first award under the pilot program. (b) Use of grant funds A recipient of a grant under this section may use the amounts received under the grant to combat technological abuse, including for— (1) the purchase of new technological devices for victims and survivors of technological abuse; and (2) any other use, including the provision of victim services, that will reduce technological abuse or assist victims and survivors of technological abuse. (c) Pilot program review (1) During pilot program Not later than 3 years after the date of the first award under the pilot program, the Director shall submit to each committee of Congress with jurisdiction of the activities carried out under the pilot program a report— (A) reviewing the efficacy of the pilot program; (B) indicating challenges to implementation and possible solutions; and (C) including a recommendation relating to whether the pilot program should be turned into a permanent program. (2) After pilot program termination Not later than 1 year after the date on which the pilot program terminates under subsection (a)(5), the Director shall submit to each committee of Congress with jurisdiction of the activities carried out under the pilot program a report reviewing the efficacy of the pilot program, including best practices and improvements needed to combat technological abuse. (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 5. Grant program to provide education on technological abuse (a) Grant program authorized The Director in consultation with the Secretary of Education and the Secretary of Health and Human Services shall establish a program under which the Director may award grants to nonprofit organizations and institutions of higher education to develop and implement training and educational programs and technical assistance for organizations and individuals who provide support for victims of technological abuse. (b) Multiple grants A recipient of a grant under section 4 is not barred from receiving a grant under this section. (c) Use of grant funds A nonprofit organization or institution of higher education shall use the amounts received under a grant under this section to develop tools, curricula, and other materials. (d) Grant program limits (1) Maximum amount The Director may award a total of not more than $20,000,000 in grants under this section. (2) Period of grants The Director shall award grants under this section for a period of 5 years. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s5279is/xml/BILLS-117s5279is.xml |
117-s-5280 | II 117th CONGRESS 2d Session S. 5280 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Toomey (for himself and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Consumer Financial Protection Act of 2010 to subject the Bureau of Consumer Financial Protection to the regular appropriations process, and for other purposes.
1. Short title This Act may be cited as the CFPB Stability Act of 2022 . 2. Making the Bureau a commission (a) In general The Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. ) is amended— (1) in section 1011— (A) in subsection (a), by striking in the Federal Reserve System, ; (B) by striking subsections (b), (c), and (d); (C) by redesignating subsection (e) as subsection (j); (D) in subsection (j), as so redesignated, by striking , including in cities in which the Federal reserve banks, or branches of such banks, are located, ; and (E) by inserting after subsection (a) the following: (b) Authority To prescribe regulations The Bureau may prescribe such regulations and issue such orders in accordance with this title as the Bureau may determine to be necessary for carrying out this title and all other laws within the Bureau’s jurisdiction and shall exercise any authorities granted under this title and all other laws within the Bureau’s jurisdiction. (c) Composition of the Bureau (1) In general The Bureau shall be composed of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Staggering The members of the Bureau shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 3, 4, and 5 years, respectively. (3) Terms (A) In general Each member of the Bureau, including the Chair, shall serve for a term of 5 years. (B) Removal The President may remove any member of the Bureau for inefficiency, neglect of duty, or malfeasance in office. (C) Vacancies Any member of the Bureau appointed to fill a vacancy occurring before the expiration of the term to which that member’s predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. (D) Continuation of service Each member of the Bureau may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member’s term would otherwise expire. (E) Other employment prohibited No member of the Bureau shall engage in any other business, vocation, or employment. (d) Affiliation Not more than 3 members of the Bureau shall be members of any one political party. (e) Chair of the Bureau (1) Initial Chair The first member and Chair of the Bureau shall be the individual serving as Chair of the Bureau of Consumer Financial Protection on the day before the date of the enactment of this subsection. (2) Subsequent Chair Of the 5 members appointed in accordance with subsection (c), the President shall appoint 1 member to serve as the subsequent Chair of the Bureau. (3) Authority The Chair shall be the principal executive officer of the Bureau, and shall exercise all of the executive and administrative functions of the Bureau, including with respect to— (A) the appointment and supervision of personnel employed under the Bureau (other than personnel employed regularly and full time in the immediate offices of members of the Bureau other than the Chair); (B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Bureau; and (C) the use and expenditure of funds. (4) Limitation In carrying out any of the Chair’s functions under the provisions of this subsection the Chair shall be governed by general policies of the Bureau and by such regulatory decisions, findings, and determinations as the Bureau may by law be authorized to make. (5) Requests or estimates related to appropriations Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Bureau may not be submitted by the Chair without the prior approval of the Bureau. (6) Term The term of each Chair serving under this subsection shall expire on the earlier of— (A) the date that is 5 years after the date on which the Chair began serving; and (B) the date on which the individual who was President while the Chair was serving leaves office. (f) Initial quorum established The first member and Chair of the Bureau described under subsection (e)(1) shall constitute a quorum for the transaction of business until the President has appointed all 5 members of the Bureau in accordance with subsection (c). Following such appointment of 5 members, the quorum requirements of subsection (g) shall apply. (g) No impairment by reason of vacancies No vacancy in the members of the Bureau after the establishment of an initial quorum under subsection (f) shall impair the right of the remaining members of the Bureau to exercise all the powers of the Bureau. Three members of the Bureau shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Bureau because of vacancies in the Bureau, 2 members of the Bureau shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Bureau because of vacancies in the Bureau, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Bureau members to decline to 2. (h) Seal The Bureau shall have an official seal. (i) Compensation (1) Chair The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. (2) Other members of the Bureau The 4 other members of the Bureau shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code. ; (2) in section 1012(c), by striking paragraphs (2), (3), (4), and (5); (3) in section 1013(a), by striking paragraph (2) and inserting the following: (2) Compensation Notwithstanding any otherwise applicable provision of title 5, United States Code, concerning compensation, including the provisions of chapter 51 and chapter 53, the rates of basic pay for all employees of the Bureau may be set and adjusted by the Chair. ; and (4) in section 1014(b), by striking Not fewer than 6 members shall be appointed upon the recommendation of the regional Federal Reserve Bank Presidents, on a rotating basis. . (b) Presidential appointment of Inspector General of the Financial Product Safety Bureau The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G— (A) in subsection (a)(2), by striking and the Bureau of Consumer Financial Protection ; (B) in subsection (c), by striking For the purposes of implementing this section and all that follows through the end of the subsection; and (C) in subsection (g)(3), by striking and the Bureau of Consumer Financial Protection ; and (2) in section 12— (A) in paragraph (1), by inserting the Chair of the Bureau of Consumer Financial Protection; after the President of the Export-Import Bank; ; and (B) in paragraph (2), by inserting the Bureau of Consumer Financial Protection, after the Export-Import Bank, . 3. Subjecting the Bureau of Consumer Financial Protection to the regular appropriations process (a) In general Section 1017 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5497 ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking “ Transfer of Funds From Board Of Governors.— ” and inserting Budget and Financial Management.— ; (B) by striking paragraphs (1) through (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and (D) in paragraph (1), as so redesignated— (i) in the paragraph heading, by striking Budget and financial management.— and inserting In general.— ; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraph (F) as subparagraph (E); (2) by striking subsections (b) and (c); (3) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; (4) in subsection (b), as so redesignated— (A) in paragraph (2)— (i) in the first sentence, by inserting direct before victims ; and (ii) by striking the second sentence; and (B) by adding at the end the following: (3) Treatment of excess amounts If, after the Bureau obtains a civil penalty in a judicial or administrative action under Federal consumer financial laws, deposits that civil penalty into the Civil Penalty Fund under paragraph (1), and, under paragraph (2), makes payments to all of the direct victims of activities for which that civil penalty was imposed, amounts remain in the Civil Penalty Fund with respect to that civil penalty, the Bureau shall transfer those excess amounts to the general fund of the Treasury. ; and (5) in subsection (c), as so redesignated— (A) by striking paragraphs (1) through (3) and inserting the following: (1) Authorization of appropriations There is authorized to be appropriated such funds as may be necessary to carry out this title for fiscal year 2024. ; and (B) by redesignating paragraph (4) as paragraph (2). (b) Effective date The amendments made by this section shall take effect on October 1, 2023. 4. Conforming amendments (a) Consumer Financial Protection Act of 2010 (1) In general Except as provided under paragraph (2), the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. ) is amended— (A) by striking Director of the Bureau each place the term appears, other than where the term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection, and inserting Chair of the Bureau ; (B) by striking Director each place the term appears and inserting Chair , other than where the term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection; and (C) in section 1002, by striking paragraph (10). (2) Exceptions The Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. ) is amended— (A) in section 1013(c)(3)— (i) in the matter preceding subparagraph (A), by striking Assistant Director of the Bureau for and inserting Head of the Office of ; and (ii) in subparagraph (B), by striking Assistant Director and inserting Head of the Office ; and (B) in section 1013(g)(2)— (i) by striking Assistant director and inserting Head of the Office ; and (ii) by striking an assistant director and inserting a Head of the Office of Financial Protection for Older Americans . (b) Dodd-Frank Wall Street Reform and Consumer Protection Act The Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 et seq. ) is amended— (1) in section 111(b)(1)(D), by striking Director and inserting Chair ; and (2) in section 1447, by striking Director each place the term appears and inserting Chair . (c) Electronic Fund Transfer Act Section 920(a)(4)(C) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–2(a)(4)(C) ), as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau of Consumer Financial Protection and inserting Chair of the Bureau of Consumer Financial Protection . (d) Expedited Funds Availability Act The Expedited Funds Availability Act ( 12 U.S.C. 4001 et seq. ) is amended by striking Director of the Bureau each place the term appears and inserting Chair of the Bureau . (e) Federal Deposit Insurance Act Section 2 of the Federal Deposit Insurance Act ( 12 U.S.C. 1812 ) is amended by striking Director of the Consumer Financial Protection Bureau each place the term appears and inserting Chair of the Consumer Financial Protection Bureau . (f) Federal Financial Institutions Examination Council Act of 1978 Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3303(a)(4) ) is amended by striking Director of the Consumer Financial Protection Bureau and inserting Chair of the Consumer Financial Protection Bureau . (g) Financial Literacy and Education Improvement Act Section 513 of the Financial Literacy and Education Improvement Act ( 20 U.S.C. 9702 ) is amended by striking Director each place the term appears and inserting Chair . (h) Home Mortgage Disclosure Act of 1975 Section 307 of the Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2806 ) is amended by striking Director of the Bureau of Consumer Financial Protection each place the term appears and inserting Chair of the Bureau of Consumer Financial Protection . (i) Interstate Land Sales Full Disclosure Act The Interstate Land Sales Full Disclosure Act ( 15 U.S.C. 1701 et seq. ) is amended— (1) in section 1402 ( 15 U.S.C. 1701 ), by striking paragraph (1) and inserting the following: (1) Chair means the Chair of the Bureau of Consumer Financial Protection; ; and (2) by striking Director each place the term appears and inserting Chair . (j) Real Estate Settlement Procedures Act of 1974 Section 5 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2604 ) is amended— (1) by striking The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the Director ) and inserting The Chair of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the Chair ) ; and (2) by striking Director each place the term appears and inserting Chair . (k) S.A.F.E. Mortgage Licensing Act of 2008 The S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5101 et seq. ) is amended— (1) by striking Director each place the term appears in headings and text, other than where the term is used in the context of the Director of the Office of Thrift Supervision, and inserting Chair ; and (2) in section 1503 ( 12 U.S.C. 5102 ), by striking paragraph (10) and inserting the following: (10) Chair The term Chair means the Director of the Bureau of Consumer Financial Protection. . (l) Title 44, United States Code Section 3513(c) of title 44, United States Code is amended by striking Director of the Bureau of Consumer Financial Protection and inserting Chair of the Bureau of Consumer Financial Protection . | https://www.govinfo.gov/content/pkg/BILLS-117s5280is/xml/BILLS-117s5280is.xml |
117-s-5281 | II 117th CONGRESS 2d Session S. 5281 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Casey (for himself, Mr. Van Hollen , Mr. Padilla , Mr. Booker , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to promote the matriculation, and increase in the graduation rates, of individuals with disabilities within higher education.
1. Short title This Act may be cited as the Expanding Disability Access to Higher Education Act . 2. Findings and purposes (a) Findings Congress finds the following: (1) Students who are low income attend institutions of higher education at a rate significantly lower than middle- and high-income students. (2) Similarly, students who are first-generation college students or are from minority backgrounds attend institutions of higher education at lower rates than the general public. (3) Many students who are low income, first generation, or minorities also have a disability. (4) In the last decade, both high school and postsecondary graduation rates for students with disabilities were significantly lower than for students without disabilities. (5) In 2015, approximately 65 percent of the total population of adults 25 to 34 years old had completed some postsecondary education compared with approximately 44 percent of adults with disabilities in the same age range. (6) For students with disabilities who do attend an institution of higher education, only half will receive a diploma compared to 72 percent of students without disabilities. (7) Many researchers cite lack of support, such as in-class accommodations, accessible housing, and accessible technology, as a significant challenge as students with disabilities transition from high school to postsecondary education. (8) As with their peers without disabilities who are first-generation students or come from low-income backgrounds, students who are first-generation or low-income students with disabilities who receive mentoring and support services can successfully prepare for, enroll in, and graduate from postsecondary education programs and gain greater economic control of their lives. (b) Sense of Congress It is the sense of Congress that individuals with disabilities, particularly those who are low income or first generation, should be able to attend institutions of higher education at the same rate as their peers in the general population. (c) Purposes The purposes of this Act are the following: (1) To provide first-generation or low-income students with disabilities with information, support, and resources to matriculate and complete a course of study at an institution of higher education. (2) To encourage and support first-generation or low-income students with disabilities to achieve postsecondary credentials that benefit them and their communities both socially and economically. (3) To increase the number of faculty with disabilities in institutions of higher education. (4) To provide programs authorized under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 et seq. ) with the resources necessary to support first-generation or low-income students with disabilities to prepare for, enroll in, and graduate from institutions of higher education. 3. Preparing and supporting students with disabilities for postsecondary education Section 402A of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 ) is amended— (1) in subsection (c)(4)(A), by striking , and Native American Pacific Islanders (including Native Hawaiians), and inserting , Native American Pacific Islanders (including Native Hawaiians), and individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )), ; (2) in subsection (g), by inserting (except subsection (i)) after For the purpose of making grants and contracts under this chapter ; and (3) by adding at the end the following: (i) Preparing and supporting students with disabilities for postsecondary education (1) Funds for Federal TRIO programs (A) In general (i) Authorization The Secretary shall award funds under this paragraph, on a competitive basis, to an eligible entity that applies for a grant or contract for a program under this chapter (except section 402E) and also applies for such funds under this paragraph in order to serve eligible students, as described in clause (ii). The period for such award of funds under this paragraph shall be the same period for the associated grant or contract for a program under this chapter (except section 402E) (referred to in this paragraph as the associated program ). (ii) Eligible students An eligible student is described in this clause if the student— (I) is eligible to receive assistance under a program authorized under this chapter (except section 402E); and (II) has an individualized education program, as defined in section 602 of the Individuals with Disabilities Education Act, is covered under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or has other documentation establishing the student's disability (as such term is defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )), such as— (aa) a cognitive or learning disability; (bb) a sensory disability; (cc) a physical or medical disability; (dd) a mental health disability; or (ee) another disability. (B) Application (i) In general Except as provided in clause (ii), an applicant for a grant or contract for a program under this chapter (except section 402E) that desires to receive funds under this paragraph shall submit an application for such funds to the Secretary at the same time such applicant submits an application for the grant or contract for a program under this chapter (except section 402E) (referred to in this paragraph as the associated application ). (ii) Application mid-cycle An applicant that desires to receive funds under this paragraph that, at the time such applicant desires to apply for such funds, has a grant or contract for a program under this chapter (except section 402E) that is in existence may submit an application for such funds to the Secretary independent of an associated application. (iii) Content of application An application for funds under this paragraph shall include the following: (I) A description of any programs being carried out under this chapter by the applicant on the date of the application, including the number of existing students served. (II) The number of eligible students proposed to be served with funds received under this paragraph. (III) The cost of serving such students proposed to be served, including a description of expenditures. (IV) An explanation of how funds received under this paragraph will be used for such students. (V) An explanation of how such students proposed to be served will be identified and enrolled. (VI) An explanation of how the program will work with disability student support services and other services that support students with disabilities. (C) Awarding of funds (i) Priority In awarding funds under this paragraph, the Secretary shall give priority to applicants that— (I) have established programs funded under this chapter; and (II) describe how eligible students proposed to be served will be included in the established associated program. (ii) Amount The Secretary shall award funds under this paragraph to an applicant in an amount that maximizes the number of eligible students served in a manner that meets such students' needs for successful programmatic outcomes. (iii) Distribution The Secretary shall award funds under this paragraph— (I) to not less than 10 percent of all the eligible entities that, on the date of enactment of the Expanding Disability Access to Higher Education Act , have a grant or contract awarded under this chapter (except section 402E); and (II) across— (aa) geographic regions; and (bb) sizes of programs. (iv) Requirements In awarding funds under this paragraph, the Secretary shall— (I) require an assurance that— (aa) in the case in which the associated program is under section 402B, not less than two-thirds of the eligible students who are served with the funds under this paragraph be low-income individuals who are first-generation college students; (bb) in the case in which the associated program is under section 402C— (AA) not less than two-thirds of the eligible students who are served with the funds under this paragraph be low-income individuals who are first-generation college students; and (BB) the remaining eligible students who are served with the funds under this paragraph be low-income individuals or first-generation college students; (cc) in the case in which the associated program is under section 402D— (AA) not less than two-thirds of the eligible students who are served with the funds under this paragraph be low-income individuals who are first-generation college students; and (BB) the remaining eligible students who are served with the funds under this paragraph be low-income individuals or first-generation college students; and (dd) in the case in which the associated program is under section 402F— (AA) not less than two-thirds of the eligible students who are served with the funds under this paragraph be low-income individuals who are first-generation college students; and (BB) the eligible students who are served with the funds under this paragraph are at least nineteen years of age, unless the imposition of such limitation with respect to any person would defeat the purposes of this paragraph; (II) require an assurance that such eligible students who are served do not have access to services from another program funded under this chapter; (III) require an assurance that the program funded under this paragraph and the associated program will— (aa) be accessible to the eligible students proposed to be served by the program; (bb) serve all students, including eligible students; (cc) incorporate universal design for learning; and (dd) ensure that accommodations are provided as needed for eligible students and address how the program plans to enroll such students; (IV) require the program funded under this paragraph— (aa) to comply with all program requirements of the associated program; and (bb) to include educational assistance as determined necessary for eligible students to transition to postsecondary education, such as— (AA) academic and social supports; (BB) student advising and family engagement; (CC) college search and application processes; (DD) financial planning; and (EE) targeted learning programs; (V) require an assurance that the applicant will serve a number of eligible students with the funds under this paragraph that is not less than the number determined under subparagraph (D); and (VI) require an assurance that— (aa) the funds under this paragraph and funds provided under the associated program will be used to incorporate eligible students into the associated program; and (bb) such eligible students have access to all the program services of the associated program, as well as any additional services they require to be full participants in the associated program. (D) Number of eligible students to be served (i) In general An applicant that receives funds under this paragraph shall use such funds to serve eligible students who are in addition to the students served through the associated program. (ii) Number of students to be served The number of eligible students to be served with funds under this paragraph shall be the number that maximizes the number of eligible students served in a manner that meets such students' needs for successful programmatic outcomes. (2) Postbaccalaureate achievement program (A) In general The Secretary shall award funds under this paragraph, on a competitive basis, to an eligible entity that applies for assistance for a project under section 402E and also applies for such funds under this paragraph in order to serve eligible students, as described in subparagraph (B). (B) Eligible students An eligible student is described in this subparagraph if the student— (i) is eligible to receive assistance under a project assisted under section 402E; (ii) has an individualized education program, as defined in section 602 of the Individuals with Disabilities Education Act, is covered under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or has other documentation establishing the student's disability (as such term is defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )), such as— (I) a cognitive or learning disability; (II) a sensory disability; (III) a physical or medical disability; (IV) a mental health disability; or (V) another disability; and (iii) is registered as full time in six or more credits. (C) Application (i) In general Except as provided in clause (ii), an applicant for assistance for a project under section 402E that desires to receive funds under this paragraph shall submit an application for such funds to the Secretary at the same time such applicant submits an application under section 402E (referred to in this paragraph as the associated application ). (ii) Application mid-cycle An applicant that desires to receive funds under this paragraph that, at the time such applicant desires to apply for such funds, is receiving assistance for a project under section 402E may submit an application for such funds to the Secretary independent of an associated application. (iii) Content of application An application for funds under this paragraph shall— (I) describe identification, recruitment, and implementation strategies as well as programmatic elements specifically for eligible students; and (II) indicate whether this is a new project or will fund a project existing on the date of the application. (D) Awarding of funds (i) In general The Secretary shall award funds under this paragraph to an applicant in an amount that maximizes the number of eligible students served in a manner that meets such students' needs for successful programmatic outcomes. (ii) Requirements In awarding funds under this paragraph, the Secretary shall require an assurance that— (I) not less than two-thirds of the eligible students who are served with the funds under this paragraph be low-income individuals who are first-generation college students; and (II) the remaining eligible students who are served with the funds under this paragraph be from a group that is underrepresented in graduate education, including— (aa) Alaska Natives, as defined in section 6306 of the Elementary and Secondary Education Act of 1965; (bb) Native Hawaiians, as defined in section 6207 of such Act; and (cc) Native American Pacific Islanders, as defined in section 320. (E) Number of eligible students to be served (i) In general An applicant that receives funds under this paragraph shall use such funds to serve eligible students who are in addition to the students served through the associated program. (ii) Number of students to be served The number of eligible students to be served with funds under this paragraph shall be the number that maximizes the number of eligible students served in a manner that meets such students' needs for successful programmatic outcomes. (3) Supplement, not supplant Funds awarded under this subsection shall be used to supplement, and not supplant, other funds available to carry out the activities described in this subsection. (4) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2023 through 2027. . 4. Staff development activities Subpart 1 of part D of title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1140a et seq. ) is amended— (1) in section 761, by striking model demonstration ; and (2) in section 762— (A) in subsection (b)(2)— (i) in subparagraph (A), by inserting and application after The development ; and (ii) in subparagraph (B), by inserting and application after The development ; and (B) by striking subsection (d) and inserting the following: (d) Reports (1) Initial report Not later than 1 year after the date of enactment of the Expanding Disability Access to Higher Education Act , the Secretary shall prepare and submit to the authorizing committees, and make available to the public, a report on all projects awarded grants under this part for any of fiscal years 2024 through 2029, including a review of the activities and program performance of such projects based on existing information as of the date of the report. (2) Subsequent report Not later than 3 years after the date of the first award of a grant under this subpart after the date of enactment of the Expanding Disability Access to Higher Education Act , the Secretary shall prepare and submit to the authorizing committees, and make available to the public, a report that— (A) reviews the activities and program performance of the projects authorized under this subpart; and (B) provides guidance and recommendations on how effective projects can be replicated. . 5. Offices of training, technical assistance, and accommodations grant program (a) Authorization of grant program The Secretary of Education shall award grants, on a competitive basis, to institutions of higher education to enable the institutions to establish an Office of Accessibility at the institution. (b) Duration and amount A grant under this section shall be 5 years in duration and in an amount equal to not less than $30,000 and not more than $80,000 for each year. (c) Application An institution of higher education that desires 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, including an explanation of how the institution will sustain the Office of Accessibility after the grant period ends. (d) Awarding of grants (1) Preference In awarding grants under this section, the Secretary shall give preference to— (A) 2-year institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); and (B) institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) that intend to hire individuals with disabilities as staff at the Office of Accessibility. (2) Diversity In awarding grants under this section, the Secretary shall ensure geographic, institutional, and urban or rural award distribution diversity. (e) Use of funds An institution of higher education that receives a grant under this section shall establish an Office of Accessibility at the institution, which Office— (1) shall— (A) serve as a site for confidential requests for accommodations for faculty members with disabilities; (B) include an accommodations officer who has demonstrated expertise in addressing the needs of individuals with disabilities and who is trained to serve, and provide outreach to, faculty members with disabilities, staff with disabilities, and students with disabilities; and (C) provide training and technical assistance for faculty and staff on rights and accommodations for individuals with disabilities, including protecting the civil rights of individuals with disabilities on campus and in classrooms; and (2) may— (A) develop professional development activities for faculty and staff about rights and accommodations for individuals with disabilities; (B) create a website, that is accessible to individuals with disabilities, to serve as a clearinghouse of information for individuals with disabilities; and (C) carry out other activities that the institution determines appropriate. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2023 and each of the 4 succeeding fiscal years. 6. Data collection and reporting (a) Data collection and reporting (1) Outcome criteria Section 402A(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(f) ) is amended— (A) by striking paragraph (2) and inserting the following: (2) Disaggregation of relevant data (A) In general Except as provided in subparagraph (B), the outcome criteria under this subsection shall be disaggregated by low-income students, first-generation college students, individuals with disabilities (including for each of the categories described in items (aa) through (dd) of subsection (i)(1)(A)(ii)(II)), gender, race and ethnicity, language status, and delayed enrollment in postsecondary education after high school, in the schools and institutions of higher education served by the program to be evaluated. (B) Exception Disaggregation under subparagraph (A) shall not be required in a case in which 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. ; (B) in paragraph (3)— (i) in subparagraph (C)(iii), by inserting (and, if the entity received funds under subsection (i), to a total number of eligible students as described in such subsection) after students, ; (ii) in subparagraph (D)(i), by inserting (and, if the entity received funds under subsection (i), to a total number of eligible students as described in such subsection) after program, ; and (iii) by adding at the end the following: (F) For— (i) programs authorized under this chapter for which funds are awarded under subsection (i), the number of eligible students (as defined in subsection (i)(2)(A)(ii)) served with such funds; and (ii) each of subparagraphs (A) through (E), the extent to which the programs described in each of such subparagraphs served individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )). . (2) Reports Section 402H of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–18 ) is amended— (A) in subsection (a)— (i) in the subsection heading, by striking to the authorizing committees ; (ii) in paragraph (1)(E), by inserting (including for each of the categories of such students described in items (aa) through (dd) of section 402A(i)(1)(A)(ii)(II)) after disabilities ; and (iii) by adding at the end the following: (3) Annual report (A) In general Each entity that receives a grant or contract under this chapter shall submit an annual report to the Secretary on activities assisted and students served under the program funded under this chapter, including information on— (i) student persistence in the program; (ii) student enrollment in challenging courses; (iii) graduation rates; (iv) postsecondary enrollment rates; (v) the types of services and supports provided to enrolled students; and (vi) any other information requested by the Secretary. (B) Disaggregation (i) In general Except as provided in clause (ii), the information provided under subparagraph (A) shall be disaggregated by low-income student status, first-generation college student status, disability status (including for each of the categories described in items (aa) through (dd) of section 402A(i)(1)(A)(ii)(II)), gender, race and ethnicity, language status, and delayed enrollment in postsecondary education after high school. (ii) Exception Disaggregation under clause (i) shall not be required in a case in which 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. ; and (B) in subsection (b)(2)(A)(i), by striking and first-generation college students and inserting , first-generation college students, and students with disabilities . (3) GEAR UP Section 404G of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–27 ) is amended by adding at the end the following: (e) Data collection and reporting (1) In general Each eligible entity receiving a grant under this chapter shall submit an annual report to the Secretary on activities assisted and students served under the program funded under this chapter, including information on— (A) student persistence in the program; (B) student enrollment in challenging courses; (C) graduation rates; (D) postsecondary enrollment rates; (E) the types of services and supports provided to enrolled students; and (F) any other information requested by the Secretary. (2) Disaggregation and availability (A) In general Information contained in the annual report described in paragraph (1) shall be— (i) except as provided in subparagraph (B), disaggregated by low-income student status, first-generation college student status, disability status (including for each of the categories described in items (aa) through (dd) of section 402A(i)(1)(A)(ii)(II)), gender, race and ethnicity, language status, and delayed enrollment in postsecondary education after high school; (ii) cross-tabulated; and (iii) made publicly available without personally identifiable information. (B) Exception Disaggregation under subparagraph (A)(i) shall not be required in a case in which 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. (3) Public availability The Secretary shall make such report publicly available online. . (b) GAO report (1) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall begin a review that examines— (A) what is known about the population of students with disabilities, including by subcategories of disability, who attend institutions of higher education; (B) how students with disabilities are identified and supported by the Department of Education and grantee agencies through all Federal TRIO programs under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 et seq. ), including— (i) any information related to whether and how students disclose if they have a disability; (ii) what, if any, transition services are provided to students with disabilities between high school and postsecondary education; and (iii) how such Federal TRIO programs work with other campus and non-campus based services that support students with disabilities; and (C) what information is reported by the Department of Education about services for students with disabilities through such Federal TRIO programs. (2) Report The Comptroller General of the United States shall submit to the appropriate congressional committees a report on the review conducted under paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s5281is/xml/BILLS-117s5281is.xml |
117-s-5282 | II 117th CONGRESS 2d Session S. 5282 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing agricultural labor or services, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Affordable and Secure Food 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—Securing the Domestic Agricultural Workforce Subtitle A—Temporary status for certified agricultural workers Sec. 101. Certified agricultural worker status. Sec. 102. Terms and conditions of certified status. Sec. 103. Extensions of certified status. Sec. 104. Determination of continuous presence. Sec. 105. Employer obligations. Sec. 106. Administrative and judicial review. Subtitle B—Optional earned residence for long-Term workers Sec. 111. Optional adjustment of status for long-term agricultural workers. Sec. 112. Payment of taxes. Sec. 113. Adjudication and decision; review. Subtitle C—General Provisions Sec. 121. Definitions. Sec. 122. Rulemaking; fees. Sec. 123. Background checks. Sec. 124. Protection for children. Sec. 125. Limitation on removal. Sec. 126. Documentation of agricultural work history. Sec. 127. Employer protections. Sec. 128. Correction of social security records; conforming amendments. Sec. 129. Disclosures and privacy. Sec. 130. Penalties for false statements in applications. Sec. 131. Dissemination of information. Sec. 132. Exemption from numerical limitations. Sec. 133. Reports to Congress. Sec. 134. Grant program to assist eligible applicants. Sec. 135. Authorization of appropriations. TITLE II—Ensuring an Agricultural Workforce for the Future Subtitle A—Reforming the H–2A Temporary Worker Program Sec. 201. Comprehensive and streamlined electronic H–2A platform. Sec. 202. H–2A program requirements. Sec. 203. Agency roles and responsibilities. Sec. 204. Worker protection and compliance. Sec. 205. Report on wage protections. Sec. 206. Portable H–2A visa pilot program. Sec. 207. Improving access to permanent residence. Subtitle B—Preservation and construction of farm worker housing Sec. 220. Short title. Sec. 221. New farm worker housing. Sec. 222. Loan and grant limitations. Sec. 223. Operating assistance subsidies. Sec. 224. Rental assistance contract authority. Sec. 225. Eligibility for rural housing vouchers. Sec. 226. Permanent establishment of housing preservation and revitalization program. Sec. 227. Amount of voucher assistance. Sec. 228. Funding for multifamily technical improvements. Sec. 229. Plan for preserving affordability of rental projects. Sec. 230. Covered housing programs. Sec. 231. Eligibility of certified workers. Subtitle C—Foreign Labor Recruiter Accountability Sec. 251. Definitions. Sec. 252. Registration of foreign labor recruiters. Sec. 253. Enforcement. Sec. 254. Authorization of appropriations. TITLE III—Electronic Verification of Employment Eligibility Sec. 301. Electronic employment eligibility verification system. Sec. 302. Mandatory electronic verification for the agricultural industry. Sec. 303. Coordination with E-Verify Program. Sec. 304. Fraud and misuse of documents. Sec. 305. Technical and conforming amendments. Sec. 306. Protection of Social Security Administration programs. Sec. 307. Report on the implementation of the electronic employment verification system. Sec. 308. Modernizing and streamlining the employment eligibility verification process. Sec. 309. Rulemaking; Paperwork Reduction Act. I Securing the Domestic Agricultural Workforce A Temporary status for certified agricultural workers 101. Certified agricultural worker status (a) Requirements for certified agricultural worker status (1) Principal aliens The Secretary may grant certified agricultural worker status to an alien who submits a completed application, including the required processing fees, before the end of the period set forth in subsection (c) and who— (A) performed agricultural labor or services in the United States for at least 1,035 hours (or 180 work days) during the 2-year period preceding the date of the introduction of this Act; (B) on the date of the introduction of this Act— (i) is inadmissible or deportable from the United States; or (ii) is under a grant of deferred enforced departure, has been paroled into the United States, or has temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ); (C) subject to section 104, has been continuously present in the United States since the date of the introduction of this Act and until the date on which the alien is granted certified agricultural worker status; and (D) is not otherwise ineligible for certified agricultural worker status as provided in subsection (b). (2) Dependent spouse and children The Secretary may grant certified agricultural dependent status to the spouse or child of an alien granted certified agricultural worker status under paragraph (1) if the spouse or child is not ineligible for certified agricultural dependent status as provided in subsection (b). (b) Grounds for ineligibility (1) Grounds of inadmissibility Except as provided in paragraph (3), an alien is ineligible for certified agricultural worker or certified agricultural dependent status if the Secretary determines that the alien is inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except that in determining inadmissibility— (A) paragraphs (4), (5), (7), and (9)(B) of such section shall not apply; (B) subparagraphs (A), (C), (D), (F), and (G) of such section 212(a)(6) and paragraphs (9)(C) and (10)(B) of such section 212(a) shall not apply unless based on the act of unlawfully entering the United States after the date of introduction of this Act; and (C) paragraphs (6)(B) and (9)(A) of such section 212(a) shall not apply unless the relevant conduct began on or after the date of filing of the application for certified agricultural worker status. (2) Additional criminal bars Except as provided in paragraph (3), an alien is ineligible for certified agricultural worker status or certified agricultural dependent status if the Secretary determines that (other than any offense under State law for which an essential element is the alien’s immigration status, simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, any offense involving civil disobedience without violence, and any minor traffic offense) the alien has been convicted of— (A) any felony offense; (B) an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) at the time of the conviction); (C) 2 misdemeanor offenses involving moral turpitude (as described in section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(A)(i)(I) )), unless an offense is waived by the Secretary under paragraph (3)(B); or (D) 3 or more misdemeanor offenses not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct. (3) Waivers for certain grounds of inadmissibility For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary may waive the grounds of inadmissibility under— (A) paragraph (1), (6)(E), or (10)(D) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ); or (B) subparagraphs (A) and (D) of section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) ), unless inadmissibility is based on a conviction that would otherwise render the alien ineligible under subparagraph (A), (B), or (D) of paragraph (2). (c) Application (1) Application period Except as provided in paragraph (2), the Secretary shall accept initial applications for certified agricultural worker status during the 18-month period beginning on the date on which the interim final rule is published in the Federal Register pursuant to section 122(a). (2) Extension If the Secretary determines, during the initial period described in paragraph (1), that additional time is required to process initial applications for certified agricultural worker status or for other good cause, the Secretary may extend the period for accepting applications for up to an additional 12 months. (3) Submission of applications (A) In general An alien may file an application with the Secretary under this section with the assistance of an attorney or a nonprofit religious, charitable, social service, or similar organization recognized by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations. The Secretary shall also create a procedure for accepting applications filed by qualified designated entities with the consent of the applicant. (B) Farm service agency offices The Secretary, in consultation with the Secretary of Agriculture, shall establish a process for the filing of applications under this section at Farm Service Agency offices throughout the United States. (4) Evidence of application filing As soon as practicable after receiving an application for certified agricultural worker status, the Secretary shall provide the applicant with a document acknowledging the receipt of such application. Such document shall serve as interim proof of the alien’s authorization to accept employment in the United States and shall be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(1)(C) ), if the employer is employing the holder of such document to perform agricultural labor or services, pending a final administrative decision on the application. (5) Effect of pending application During the period beginning on the date on which an alien applies for certified agricultural worker status under this subtitle, and ending on the date on which the Secretary makes a final administrative decision regarding such application, the alien and any dependents included in the application— (A) may apply for advance parole, which shall be granted upon demonstrating a legitimate need to travel outside the United States for a temporary purpose; (B) may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for certified agricultural worker status; (C) may not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) ); and (D) may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )). (6) Withdrawal of application The Secretary shall, upon receipt of a request from the applicant to withdraw an application for certified agricultural worker status under this subtitle, cease processing of the application, and close the case. Withdrawal of the application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act or under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (7) Processing fee A principal alien, his or her spouse, or his or her child who submits an application for certified agricultural worker states under this subtitle shall pay a $250 processing fee, which shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ). (d) Adjudication and decision (1) In general Subject to section 123, the Secretary shall render a decision on an application for certified agricultural worker status not later than 180 days after the date the application is filed. (2) Notice Before denying an application for certified agricultural worker status, the Secretary shall provide the alien with— (A) written notice that describes the basis for ineligibility or the deficiencies in the evidence submitted; and (B) at least 90 days to contest ineligibility or submit additional evidence. (3) Amended application An alien whose application for certified agricultural worker status is denied under this section may submit an amended application for such status to the Secretary if the amended application is submitted within the application period described in subsection (c) and contains all the required information and fees that were missing from the initial application. (e) Alternative H–2A status An alien who has not met the required period of agricultural labor or services under subsection (a)(1)(A), but is otherwise eligible for certified agricultural worker status under such subsection, shall be eligible for classification as a nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ) upon approval of a petition submitted by a sponsoring employer, if the alien has performed at least 690 hours (or 120 work days) of agricultural labor or services during the 3-year period preceding the date of the introduction of this Act. The Secretary shall create a procedure to provide for such classification without requiring the alien to depart the United States and obtain a visa abroad. 102. Terms and conditions of certified status (a) In general (1) Approval Upon approval of an application for certified agricultural worker status, or an extension of such status pursuant to section 103, the Secretary shall issue— (A) documentary evidence of such status to the applicant; and (B) documentary evidence of certified agricultural dependent status to any qualified dependent included on such application. (2) Documentary evidence In addition to any other features and information as the Secretary may prescribe, the documentary evidence described in paragraph (1)— (A) shall be machine-readable and tamper-resistant; (B) shall contain a digitized photograph; (C) shall serve as a valid travel and entry document for purposes of applying for admission to the United States; and (D) shall be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(1)(B) ). (3) Validity period Certified agricultural worker and certified agricultural dependent status shall be valid for 5 1/2 years beginning on the date of approval. (4) Travel authorization An alien with certified agricultural worker or certified agricultural dependent status may— (A) travel within and outside of the United States, including commuting to the United States from a residence in a foreign country; and (B) be admitted to the United States upon return from travel abroad without first obtaining a visa if the alien is in possession of— (i) valid, unexpired documentary evidence of certified agricultural worker or certified agricultural worker dependent status as described in subsection (a); or (ii) a travel document that has been approved by the Secretary and was issued to the alien after the alien’s original documentary evidence was lost, stolen, or destroyed. (b) Ability To change status (1) Change to certified agricultural worker status Notwithstanding section 101(a), an alien with valid certified agricultural dependent status may apply to change to certified agricultural worker status, at any time, if the alien— (A) submits a completed application, including the required processing fees; and (B) is not ineligible for certified agricultural worker status under section 101(b). (2) Clarification Nothing in this title prohibits an alien granted certified agricultural worker or certified agricultural dependent status from changing status to any other immigrant or nonimmigrant classification for which the alien may be eligible. (c) Public benefits, tax benefits, and health care subsidies Aliens granted certified agricultural worker or certified agricultural dependent status— (1) shall be considered lawfully present in the United States for all purposes for the duration of their status; (2) shall be eligible for Federal means-tested public benefits to the same extent as other individuals who are not qualified aliens under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ); (3) are entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 ( 26 U.S.C. 36B ); (4) shall not be subject to the rules applicable to individuals who are not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(e) ); and (5) shall not be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 5000A(d)(3) ). (d) Revocation of status (1) In general The Secretary may revoke certified agricultural worker or certified agricultural dependent status if, after providing notice to the alien and the opportunity to provide evidence to contest the proposed revocation, the Secretary determines that the alien no longer meets the eligibility requirements for such status under section 101(b). (2) Invalidation of documentation Upon the Secretary’s final determination to revoke an alien’s certified agricultural worker or certified agricultural dependent status, any documentation issued by the Secretary to such alien under subsection (a) shall automatically be rendered invalid for any purpose except for departure from the United States. 103. Extensions of certified status (a) Requirements for extensions of status (1) Principal aliens The Secretary may extend certified agricultural worker status for additional periods of 5 1/2 years to an alien who submits a completed application, including the required processing fees, within the 120-day period beginning 60 days before the expiration of the fifth year of the immediately preceding grant of certified agricultural worker status, if the alien— (A) except as provided in section 126(c), has performed agricultural labor or services in the United States for at least 690 hours (or 120 work days) for each of the prior 5 years in which the alien held certified agricultural worker status; and (B) has not become ineligible for certified agricultural worker status under section 101(b). (2) Dependent spouse and children The Secretary may grant or extend certified agricultural dependent status to the spouse or child of an alien granted an extension of certified agricultural worker status under paragraph (1) if the spouse or child is not ineligible for certified agricultural dependent status under section 101(b). (3) Waiver for late filings The Secretary may waive an alien’s failure to timely file before the expiration of the 120-day period described in paragraph (1) if the alien demonstrates that the delay was due to extraordinary circumstances beyond the alien’s control or for other good cause. (b) Status for workers with pending applications (1) In general Certified agricultural worker status of an alien who timely files an application to extend such status under subsection (a) (and the status of the alien’s dependents) shall be automatically extended through the date on which the Secretary makes a final administrative decision regarding such application. (2) Documentation of employment authorization As soon as practicable after receipt of an application to extend certified agricultural worker status under subsection (a), the Secretary shall issue a document to the alien acknowledging the receipt of such application. An employer of the worker may not refuse to accept such document as evidence of employment authorization under section 274A(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(1)(C) ), pending a final administrative decision on the application. (c) Notice Prior to denying an application to extend certified agricultural worker status, the Secretary shall provide the alien with— (1) written notice that describes the basis for ineligibility or the deficiencies of the evidence submitted; and (2) at least 90 days to contest ineligibility or submit additional evidence. 104. Determination of continuous presence (a) Effect of notice To appear The continuous presence in the United States of an applicant for certified agricultural worker status under section 101 shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ). (b) Treatment of certain breaks in presence (1) In general Except as provided in paragraphs (2) and (3), an alien shall be considered to have failed to maintain continuous presence in the United States under this subtitle if the alien departed the United States for any period exceeding 90 days, or for any periods, in the aggregate, exceeding 180 days. (2) Extensions for extenuating circumstances The Secretary may extend the time periods described in paragraph (1) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien’s control, including the serious illness of the alien, or death or serious illness of a spouse, parent, son or daughter, grandparent, or sibling of the alien. (3) Travel authorized by the Secretary Any period of travel outside of the United States by an alien that was authorized by the Secretary shall not be counted toward any period of departure from the United States under paragraph (1). 105. Employer obligations (a) Record of employment An employer of an alien in certified agricultural worker status shall provide such alien with a written record of employment each year during which the alien provides agricultural labor or services to such employer as a certified agricultural worker. (b) Civil penalties (1) In general If the Secretary determines, after notice and an opportunity for a hearing, that an employer of an alien with certified agricultural worker status has knowingly failed to provide the record of employment required under subsection (a), or has provided a false statement of material fact in such a record, the employer shall be subject to a civil penalty in an amount not to exceed $400 per violation. (2) Limitation The penalty under paragraph (1) for failure to provide employment records shall not apply unless the alien has provided the employer with evidence of employment authorization described in section 102 or 103. (3) Deposit of civil penalties Civil penalties collected under this paragraph shall be deposited into the Immigration Examinations Fee Account under section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ). 106. Administrative and judicial review (a) Administrative review The Secretary shall establish a process by which an applicant may seek administrative review of a denial of an application for certified agricultural worker status under this subtitle, an application to extend such status, or a revocation of such status. (b) Admissibility in immigration court Each record of an alien’s application for certified agricultural worker status under this subtitle, application to extend such status, revocation of such status, and each record created pursuant to the administrative review process under subsection (a) is admissible in immigration court, and shall be included in the administrative record. (c) Judicial review Notwithstanding any other provision of law, judicial review of the Secretary’s decision to deny an application for certified agricultural worker status, an application to extend such status, or the decision to revoke such status, shall be limited to the review of an order of removal under section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ). B Optional earned residence for long-Term workers 111. Optional adjustment of status for long-term agricultural workers (a) Requirements for adjustment of status (1) Principal aliens The Secretary may adjust the status of an alien from that of a certified agricultural worker to that of a lawful permanent resident if the alien submits a completed application, including the required processing and penalty fees, and the Secretary determines that— (A) except as provided in section 126(c), the alien performed agricultural labor or services for not less than 690 hours (or 120 work days) each year for at least 10 years and for at least 4 years while in certified agricultural worker status; and (B) the alien has not become ineligible for certified agricultural worker status under section 101(b). (2) Dependent aliens (A) In general The spouse and each child of an alien described in paragraph (1) whose status has been adjusted to that of a lawful permanent resident may be granted lawful permanent residence under this subtitle if— (i) the qualifying relationship to the principal alien existed on the date on which such alien was granted adjustment of status under this subtitle; and (ii) the spouse or child is not ineligible for certified agricultural worker dependent status under section 101(b). (B) Protections for spouses and children The Secretary of Homeland Security shall establish procedures to allow the spouse or child of a certified agricultural worker to self-petition for lawful permanent residence under this subtitle in cases involving— (i) the death of the certified agricultural worker, so long as the spouse or child submits a petition not later than 2 years after the date of the worker’s death; or (ii) the spouse or a child being battered or subjected to extreme cruelty by the certified agricultural worker. (3) Documentation of work history (A) In general An applicant for adjustment of status under this section shall not be required to resubmit evidence of work history that has been previously submitted to the Secretary in connection with an approved extension of certified agricultural worker status. (B) Presumption of compliance The Secretary shall presume that the work requirement has been met if the applicant attests, under penalty of perjury, that he or she— (i) has satisfied the requirement; (ii) demonstrates presence in the United States during the most recent 10-year period; and (iii) presents documentation demonstrating compliance with the work requirement while the applicant was in certified agricultural worker status. (b) Penalty fee In addition to any processing fee that the Secretary may assess in accordance with section 122(b), a principal alien seeking adjustment of status under this subtitle shall pay a $750 penalty fee, which shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ). (c) Effect of pending application During the period beginning on the date on which an alien applies for adjustment of status under this subtitle, and ending on the date on which the Secretary makes a final administrative decision regarding such application, the alien and any dependents included on the application— (1) may apply for advance parole, which shall be granted upon demonstrating a legitimate need to travel outside the United States for a temporary purpose; (2) may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for adjustment of status under subsection (a); (3) may not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) ); and (4) may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )). (d) Evidence of application filing As soon as practicable after receiving an application for adjustment of status under this subtitle, the Secretary shall provide the applicant with a document acknowledging the receipt of such application. Such document shall serve as interim proof of the alien’s authorization to accept employment in the United States and shall be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(1)(C) ), pending a final administrative decision on the application. (e) Withdrawal of application The Secretary shall, upon receipt of a request to withdraw an application for adjustment of status under this subtitle, cease processing of the application, and close the case. Withdrawal of the application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act or under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). 112. Payment of taxes (a) In general An alien may not be granted adjustment of status under this subtitle unless the applicant has satisfied any applicable Federal tax liability. (b) Compliance An alien may demonstrate compliance with subsection (a) by submitting such documentation as the Secretary, in consultation with the Secretary of the Treasury, may require by regulation. 113. Adjudication and decision; review (a) In general Subject to the requirements of section 123, the Secretary shall render a decision on an application for adjustment of status under this subtitle not later than 180 days after the date on which the application is filed. (b) Notice Prior to denying an application for adjustment of status under this subtitle, the Secretary shall provide the alien with— (1) written notice that describes the basis for ineligibility or the deficiencies of the evidence submitted; and (2) at least 90 days to contest ineligibility or submit additional evidence. (c) Administrative review The Secretary shall establish a process by which an applicant may seek administrative review of a denial of an application for adjustment of status under this subtitle. (d) Judicial review Notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status under this title in an appropriate United States district court. C General Provisions 121. Definitions In this title: (1) In general Except as otherwise provided, any term used in this title that is used in the immigration laws shall have the meaning given such term in the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )). (2) Agricultural labor or services The term agricultural labor or services means— (A) agricultural labor or services (as such term is used in section 101(a)(15)(H)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii) )), without regard to whether the labor or services are of a seasonal or temporary nature; and (B) agricultural employment (as such term is defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802 )), and including employment with any agricultural cooperative, without regard to whether the specific service or activity is temporary or seasonal. (3) Applicable Federal tax liability The term applicable Federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986 beginning on the date on which the applicant was authorized to work in the United States as a certified agricultural worker. (4) Appropriate United States district court The term appropriate United States district court means the United States District Court for the District of Columbia or the United States district court with jurisdiction over the alien’s principal place of residence. (5) Child The term child has the meaning given such term in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ). (6) Convicted or conviction The term convicted or conviction does not include a judgment that has been expunged or set aside, that resulted in a rehabilitative disposition, or the equivalent. (7) Employer The term employer means any person or entity, including any labor contractor or any agricultural association, that employs workers in agricultural labor or services. (8) Qualified designated entity The term qualified designated entity means— (A) a qualified farm labor organization or an association of employers designated by the Secretary; or (B) any other entity that the Secretary designates as having substantial experience, demonstrated competence, and a history of long-term involvement in the preparation and submission of application for adjustment of status under title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ). (9) Secretary The term Secretary means the Secretary of Homeland Security. (10) Work day The term work day means any day in which the individual is employed 5.75 or more hours in agricultural labor or services. 122. Rulemaking; fees (a) Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register an interim final rule implementing this title. Notwithstanding section 553 of title 5, United States Code, the rule shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for comment. The Secretary shall finalize such rule not later than 1 year after the date of the enactment of this Act. (b) Fees (1) In general The Secretary may require an alien applying for any benefit under this title to pay a reasonable fee that is commensurate with the cost of processing the application. (2) Fee waiver; installments (A) In general The Secretary shall establish procedures to allow an alien to— (i) request a waiver of any fee that the Secretary may assess under this title if the alien demonstrates to the satisfaction of the Secretary that the alien is unable to pay the prescribed fee; or (ii) pay any fee or penalty that the Secretary may assess under this title in installments. (B) Clarification Nothing in this section shall be read to prohibit an employer from paying any fee or penalty that the Secretary may assess under this title on behalf of an alien and the alien’s spouse or children. 123. Background checks (a) Submission of biometric and biographic data The Secretary may not grant or extend certified agricultural worker or certified agricultural dependent status under subtitle A, or grant adjustment of status to that of a lawful permanent resident under subtitle B, unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who cannot provide all required biometric or biographic data because of a physical impairment. (b) Background checks The Secretary shall use biometric, biographic, and other data that the Secretary determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for status under this title. An alien may not be granted any such status under this title unless security and law enforcement background checks are completed to the satisfaction of the Secretary. 124. Protection for children (a) In general Except as provided in subsection (b), for purposes of eligibility for certified agricultural dependent status or lawful permanent resident status under this title, a determination of whether an alien is a child shall be made using the age of the alien on the date on which the initial application for certified agricultural worker status is filed with the Secretary of Homeland Security. (b) Limitation Subsection (a) shall apply for no more than 10 years after the date on which the initial application for certified agricultural worker status is filed with the Secretary of Homeland Security. 125. Limitation on removal (a) In general An alien who appears to be prima facie eligible for status under this title shall be given a reasonable opportunity to apply for such status. Such an alien may not be placed in removal proceedings or removed from the United States until a final administrative decision establishing ineligibility for such status is rendered. (b) Aliens in removal proceedings Notwithstanding any other provision of the law, the Attorney General shall (upon motion by the Secretary with the consent of the alien, or motion by the alien) terminate removal proceedings, without prejudice, against an alien who appears to be prima facie eligible for status under this title, and provide such alien a reasonable opportunity to apply for such status. (c) Effect of final order An alien present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for status under this title. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall notify the Attorney General of such approval, and the Attorney General shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted. (d) Effect of departure Section 101(g) of the Immigration and Nationality Act ( 8 U.S.C. 1101(g) ) shall not apply to an alien who departs the United States— (1) with advance permission to return to the United States granted by the Secretary under this title; or (2) after having been granted certified agricultural worker status or lawful permanent resident status under this title. 126. Documentation of agricultural work history (a) Burden of proof An alien applying for certified agricultural worker status under subtitle A or adjustment of status under subtitle B has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of hours or days required under section 101, 103, or 111, as applicable. The Secretary shall establish special procedures to properly credit work in cases in which an alien was employed under an assumed name. (b) Evidence An alien may meet the burden of proof under subsection (a) by producing sufficient evidence to show the extent of such employment as a matter of just and reasonable inference. Such evidence may include— (1) an annual record of certified agricultural worker employment as described in section 105(a), or other employment records from employers; (2) employment records maintained by collective bargaining associations; (3) tax records or other government records; (4) sworn affidavits from individuals who have direct knowledge of the alien’s work history; or (5) any other documentation designated by the Secretary for such purpose. (c) Exceptions for extraordinary circumstances (1) Impact of COVID–19 (A) In general The Secretary may grant certified agricultural worker status to an alien who is otherwise eligible for such status if such alien is able to only partially satisfy the requirement under section 101(a)(1)(A) as a result of reduced hours of employment or other restrictions associated with the 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 ) with respect to COVID–19. (B) Limitation The exception described in subparagraph (A) shall apply only to agricultural labor or services required to be performed during the period that— (i) begins on the first day of the public health emergency described in subparagraph (A); and (ii) ends 90 days after the date on which such public health emergency terminates. (2) Extraordinary circumstances In determining whether an alien has met the requirement under section 103(a)(1)(A) or 111(a)(1)(A), the Secretary may credit the alien with not more than 690 hours (or 120 work days) of agricultural labor or services in the United States if the alien was unable to perform the required agricultural labor or services due to— (A) pregnancy, parental leave, illness, disease, disabling injury, or physical limitation of the alien; (B) injury, illness, disease, or other special needs of the alien’s child or spouse; (C) severe weather conditions that prevented the alien from engaging in agricultural labor or services; (D) reduced hours of employment or other restrictions associated with 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 ); or (E) termination from agricultural employment, if the Secretary determines that— (i) the termination was without just cause; and (ii) the alien was unable to find alternative agricultural employment after a reasonable job search. (3) Effect of determination A determination under paragraph (1)(E) shall not be conclusive, binding, or admissible in a separate or subsequent judicial or administrative action or proceeding between the alien and a current or prior employer of the alien or any other party. (4) Hardship waiver (A) In general As part of the rulemaking described in section 122(a), the Secretary shall establish procedures allowing for a partial waiver of the requirement under section 111(a)(1)(A) for a certified agricultural worker if such worker— (i) has continuously maintained certified agricultural worker status since the date such status was initially granted; (ii) has partially completed the requirement under section 111(a)(1)(A); and (iii) is no longer able to engage in agricultural labor or services safely and effectively because of— (I) a permanent disability suffered while engaging in agricultural labor or services; or (II) deteriorating health or physical ability combined with advanced age. (B) Disability In establishing the procedures described in subparagraph (A), the Secretary shall consult with the Secretary of Health and Human Services and the Commissioner of Social Security to define permanent disability for purposes of a waiver under subparagraph (A)(iii)(I). 127. Employer protections (a) Continuing employment An employer that continues to employ an alien knowing that the alien intends to apply for certified agricultural worker status under subtitle A shall not violate section 274A(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(2) ) by continuing to employ the alien for the duration of the application period described in section 101(c), and with respect to an alien who applies for certified agricultural status, for the duration of the period during which the alien’s application is pending final determination. (b) Use of employment records Copies of employment records or other evidence of employment provided by an alien or by an alien’s employer in support of an alien’s application for certified agricultural worker or adjustment of status under this title may not be used in a civil or criminal prosecution or investigation of that employer under section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) or the Internal Revenue Code of 1986 for the prior unlawful employment of that alien regardless of the outcome of such application. (c) Additional protections Employers that provide unauthorized aliens with copies of employment records or other evidence of employment in support of an application for certified agricultural worker status or adjustment of status under this title shall not be subject to civil and criminal liability pursuant to such section 274A for employing such unauthorized aliens. Records or other evidence of employment provided by employers in response to a request for such records for the purpose of establishing eligibility for status under this title may not be used for any purpose other than establishing such eligibility. (d) Limitation on protection The protections for employers under this section shall not apply if the employer provides employment records to the alien that are determined to be fraudulent. 128. Correction of social security records; conforming amendments (a) In general Section 208(e)(1) of the Social Security Act ( 42 U.S.C. 408(e)(1) ) is amended— (1) in subparagraph (B)(ii), by striking or at the end; (2) in subparagraph (C), by inserting or at the end; (3) by inserting after subparagraph (C) the following: (D) who is granted certified agricultural worker status, certified agricultural dependent status, or lawful permanent resident status under title I of the Affordable and Secure Food Act of 2022 , ; and (4) in the undesignated matter following subparagraph (D), as added by paragraph (3), by striking 1990. and inserting 1990, or in the case of an alien described in subparagraph (D), if such conduct is alleged to have occurred before the date on which the alien was granted status under title I of the Affordable and Secure Food Act of 2022 . . (b) Effective date The amendments made by subsection (a) shall take effect on the first day of the seventh month that begins after the date of the enactment of this Act. (c) Conforming amendments (1) Social Security Act Section 210(a)(1) of the Social Security Act ( 42 U.S.C. 410(a)(1) ) is amended by inserting before the semicolon the following: (other than aliens granted certified agricultural worker status or certified agricultural dependent status under title I of the Affordable and Secure Food Act of 2022 . (2) Internal Revenue Code of 1986 Section 3121(b)(1) of the Internal Revenue Code of 1986 is amended by inserting before the semicolon the following: (other than aliens granted certified agricultural worker status or certified agricultural dependent status under title I of the Affordable and Secure Food Act of 2022 . (3) Effective date The amendments made by this subsection shall apply with respect to service performed after the date of the enactment of this Act. (d) Automated system To assign Social Security account numbers Section 205(c)(2)(B) of the Social Security Act ( 42 U.S.C. 405(c)(2)(B) ) is amended by adding at the end the following: (iv) The Commissioner of Social Security shall, to the extent practicable, coordinate with the Secretary of the Department of Homeland Security to implement an automated system for the Commissioner to assign social security account numbers to aliens granted certified agricultural worker status or certified agricultural dependent status under title I of the Affordable and Secure Food Act of 2022 . An alien who is granted such status, and who was not previously assigned a social security account number, shall request assignment of a social security account number and a social security card from the Commissioner through such system. The Secretary shall collect and provide to the Commissioner such information as the Commissioner deems necessary for the Commissioner to assign a social security account number, which information may be used by the Commissioner for any purpose for which the Commissioner is otherwise authorized under Federal law. The Commissioner may maintain, use, and disclose such information only as permitted by the Privacy Act and other Federal law. . 129. Disclosures and privacy (a) In general The Secretary may not disclose or use information provided in an application for certified agricultural worker status or adjustment of status under this title (including information provided during administrative or judicial review) for the purpose of immigration enforcement. (b) Referrals prohibited The Secretary, based solely on information provided in an application for certified agricultural worker status or adjustment of status under this title (including information provided during administrative or judicial review), may not refer an applicant to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity. (c) Exceptions Notwithstanding subsections (a) and (b), information provided in an application for certified agricultural worker status or adjustment of status under this title may be shared with Federal security and law enforcement agencies— (1) for assistance in the consideration of an application under this title; (2) to identify or prevent fraudulent claims or schemes; (3) for national security purposes; or (4) for the investigation or prosecution of any felony not related to immigration status. (d) Penalty Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000. (e) Privacy The Secretary shall ensure that appropriate administrative and physical safeguards are in place to protect the security, confidentiality, and integrity of personally identifiable information collected, maintained, and disseminated pursuant to this title. 130. Penalties for false statements in applications (a) Criminal penalty Any person who— (1) files an application for certified agricultural worker status or adjustment of status under this title and knowingly falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or (2) creates or supplies a false writing or document for use in making such an application, shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both. (b) Inadmissibility An alien who is convicted under subsection (a) shall be deemed inadmissible to the United States under section 212(a)(6)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(i) ). (c) Deposit Fines collected under subsection (a) shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ). 131. Dissemination of information (a) In general Beginning not later than the first day of the application period described in section 101(c)— (1) the Secretary of Homeland Security, in cooperation with qualified designated entities, shall broadly disseminate information described in subsection (b); and (2) the Secretary of Agriculture, in consultation with the Secretary of Homeland Security and the Secretary of Labor, shall disseminate to agricultural employers a document containing the information described in subsection (b) for posting at employer worksites. (b) Information described The information described in this subsection shall include— (1) the benefits that aliens may receive under this title; and (2) the requirements that an alien must meet to receive such benefits. 132. Exemption from numerical limitations The numerical limitations under title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) shall not apply to the adjustment of aliens to lawful permanent resident status under this title, and such aliens shall not be counted toward any such numerical limitation. 133. Reports to Congress Not later than 180 days after the publication of the final rule under section 122(a), and annually thereafter for the following 10 years, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that identifies, for the previous fiscal year— (1) the number of principal aliens who applied for certified agricultural worker status under subtitle A, and the number of dependent spouses and children included in such applications; (2) the number of principal aliens who were granted certified agricultural worker status under subtitle A, and the number of dependent spouses and children who were granted certified agricultural dependent status; (3) the number of principal aliens who applied for an extension of their certified agricultural worker status under subtitle A, and the number of dependent spouses and children included in such applications; (4) the number of principal aliens who were granted an extension of certified agricultural worker status under subtitle A, and the number of dependent spouses and children who were granted certified agricultural dependent status under such an extension; (5) the number of principal aliens who applied for adjustment of status under subtitle B, and the number of dependent spouses and children included in such applications; (6) the number of principal aliens who were granted lawful permanent resident status under subtitle B, and the number of spouses and children who were granted such status as dependents; (7) the number of principal aliens included in petitions described in section 101(e), and the number of dependent spouses and children included in such applications; and (8) the number of principal aliens who were granted H–2A status pursuant to petitions described in section 101(e), and the number of dependent spouses and children who were granted H–4 status. 134. Grant program to assist eligible applicants (a) Establishment The Secretary shall establish a program to award grants, on a competitive basis, to eligible nonprofit organizations to assist eligible applicants under this title by providing them with the services described in subsection (c). (b) Eligible nonprofit organization In this section, the term eligible nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (excluding a recipient of funds under title X of the Economic Opportunity Act of 1964 ( 42 U.S.C. 2996 et seq. )) that has demonstrated qualifications, experience, and expertise in providing quality services to farm workers or aliens. (c) Use of funds Grant funds awarded under this section may be used for the design and implementation of programs that provide— (1) information to the public regarding the eligibility and benefits of certified agricultural worker status authorized under this title; and (2) assistance, within the scope of authorized practice of immigration law, to individuals submitting applications for certified agricultural worker status or adjustment of status under this title, including— (A) screening prospective applicants to assess their eligibility for such status; (B) completing applications, including providing assistance in obtaining necessary documents and supporting evidence; and (C) providing any other assistance that the Secretary determines useful to assist aliens in applying for certified agricultural worker status or adjustment of status under this title. (d) Source of funds In addition to any funds appropriated to carry out this section, the Secretary shall use up to $10,000,000 from the Immigration Examinations Fee Account under section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ) to carry out this section. (e) Eligibility for services Section 504(a)(11) of Public Law 104–134 (110 Stat. 1321–53 et seq.) shall not be construed to prevent a recipient of funds under title X of the Economic Opportunity Act of 1964 ( 42 U.S.C. 2996 et seq. ) from providing legal assistance directly related to an application for status under this title or to an alien granted such status. 135. Authorization of appropriations There is authorized to be appropriated to the Secretary, such sums as may be necessary to implement this title, including any amounts needed for costs associated with the initiation of such implementation, for each of fiscal years 2023 through 2025. II Ensuring an Agricultural Workforce for the Future A Reforming the H–2A Temporary Worker Program 201. Comprehensive and streamlined electronic H–2A platform (a) Streamlined H–2A platform (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Agriculture, the Secretary of State, and United States Digital Service, shall ensure the establishment of an electronic platform through which a petition for an H–2A worker may be filed. Such platform shall— (A) serve as a single point of access for an employer to input all information and supporting documentation required for obtaining labor certification from the Secretary of Labor and the adjudication of the H–2A petition by the Secretary of Homeland Security; (B) serve as a single point of access for the Secretary of Homeland Security, the Secretary of Labor, and State workforce agencies to concurrently perform their respective review and adjudicatory responsibilities in the H–2A process; (C) facilitate communication between employers and agency adjudicators, including by allowing employers to— (i) receive and respond to notices of deficiency and requests for information; (ii) submit requests for inspections and licensing; (iii) receive notices of approval and denial; and (iv) request reconsideration or appeal of agency decisions; and (D) provide information to the Secretary of State and U.S. Customs and Border Protection necessary for the efficient and secure processing of H–2A visas and applications for admission. (2) Objectives In developing the platform described in paragraph (1), the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Agriculture, the Secretary of State, and United States Digital Service, shall streamline and improve the H–2A process, including by— (A) eliminating the need for employers to submit duplicate information and documentation to multiple agencies; (B) eliminating redundant processes, where a single matter in a petition is adjudicated by more than one agency; (C) reducing the occurrence of common petition errors, and otherwise improving and expediting the processing of H–2A petitions; and (D) ensuring compliance with H–2A program requirements and the protection of the wages and working conditions of workers. (3) Reports to congress Not later than 6 months after the date of the enactment of this Act, and every 3 months thereafter until the H–2A worker electronic platform is established pursuant to paragraph (1), the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that outlines the status of the electronic platform development. (b) Online job registry The Secretary of Labor shall maintain a national, publicly accessible online job registry and database of all job orders submitted by H–2A employers. The registry and database shall— (1) be searchable using relevant criteria, including the types of jobs needed to be filled, the date(s) and location(s) of need, and the employer(s) named in the job order; (2) provide an interface for workers in English, Spanish, and any other language that the Secretary of Labor determines to be appropriate; and (3) provide for public access of job orders approved under section 218(h)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1188(h)(2) ). 202. H–2A program requirements Section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ) is amended to read as follows: 218. Admission of temporary H–2A workers (a) Labor certification conditions The Secretary of Homeland Security may not approve a petition to admit an H–2A worker unless the Secretary of Labor has certified that— (1) there are not sufficient United States workers who are able, willing and qualified, and who will be available at the time and place needed, to perform the agricultural labor or services described in the petition; and (2) the employment of the H–2A worker in such labor or services will not adversely affect the wages and working conditions of workers in the United States who are similarly employed. (b) H–2A petition requirements An employer filing a petition for an H–2A worker to perform agricultural labor or services shall attest to and demonstrate compliance, as and when appropriate, with all applicable requirements under this section, including the following: (1) Need for labor or services The employer has described the need for agricultural labor or services in a job order that includes a description of the nature and location of the work to be performed, the material terms and conditions of employment, the anticipated period or periods (expected start and end dates) for which the workers will be needed, the number of job opportunities in which the employer seeks to employ the workers, and any other requirement for a job order. (2) Nondisplacement of United States workers The employer has not and will not displace United States workers employed by the employer during the period of employment of the H–2A worker and during the 60-day period immediately preceding such period of employment in the job for which the employer seeks approval to employ the H–2A worker. (3) Strike or lockout Each place of employment described in the petition is not, at the time of filing the petition and until the petition is approved, subject to a strike or lockout in the course of a labor dispute. (4) Recruitment of United States workers The employer shall engage in the recruitment of United States workers as described in subsection (c) and shall hire such workers who are able, willing and qualified, and who will be available at the time and place needed, to perform the agricultural labor or services described in the petition. The employer may reject a United States worker only for lawful, job-related reasons. (5) Wages, benefits, and working conditions The employer shall offer and provide, at a minimum, the wages, benefits, and working conditions required by this section to the H–2A worker and all workers who are similarly employed. The employer— (A) shall offer such similarly employed workers not less than the same benefits, wages, and working conditions that the employer is offering or will provide to the H–2A worker; and (B) may not impose on such similarly employed workers any restrictions or obligations that will not be imposed on the H–2A worker. (6) Workers’ compensation If the job opportunity is not covered by or is exempt from the State workers’ compensation law, the employer shall provide, at no cost to the worker, insurance covering injury and disease arising out of, and in the course of, the worker’s employment which will provide benefits at least equal to those provided under the State workers’ compensation law. (7) Compliance with applicable laws The employer shall comply with all applicable Federal, State and local laws and regulations. (8) Compliance with worker protections The employer shall comply with section 204 of the Affordable and Secure Food Act of 2022 . (9) Compliance with foreign labor recruitment laws The employer shall comply with subtitle C of title II of the Affordable and Secure Food Act of 2022 . (c) Recruiting requirements (1) In general The employer may satisfy the recruitment requirement described in subsection (b)(4) by satisfying all of the following: (A) Job order As provided in subsection (h)(1), the employer shall complete a job order for posting on the electronic job registry maintained by the Secretary of Labor and for distribution by the appropriate State workforce agency. Such posting shall remain on the job registry as an active job order through the period described in paragraph (2)(B). (B) Former workers At least 45 days before each start date identified in the petition, the employer shall— (i) make reasonable efforts to contact any United States worker who the employer or agricultural producer for whom the employer is supplying labor employed in the previous year in the same occupation and area of intended employment for which an H–2A worker is sought (excluding workers who were terminated for cause or abandoned the worksite); and (ii) post such job opportunity in a conspicuous location or locations at the place of employment. (C) Positive recruitment During the period of recruitment, the employer shall complete any other positive recruitment steps within a multi-State region of traditional or expected labor supply where the Secretary of Labor finds that there are a significant number of qualified United States workers who, if recruited, would be willing to make themselves available for work at the time and place needed. (2) Period of recruitment (A) In general For purposes of this subsection, the period of recruitment begins on the date on which the job order is posted on the online job registry and ends on the date that H–2A workers depart for the employer’s place of employment. For a petition involving more than one start date under subsection (h)(1)(C), the end of the period of recruitment shall be determined by the date of departure of the H–2A workers for the final start date identified in the petition. (B) Requirement to hire us workers (i) In general Notwithstanding the limitations of subparagraph (A), the employer will provide employment to any qualified United States worker who applies to the employer for any job opportunity included in the petition until the later of— (I) the date that is 30 days after the date on which work begins; or (II) the date on which— (aa) 33 percent of the work contract for the job opportunity has elapsed; or (bb) if the employer is a labor contractor, 50 percent of the work contract for the job opportunity has elapsed. (ii) Staggered entry For a petition involving more than one start date under subsection (h)(1)(C), each start date designated in the petition shall establish a separate job opportunity. An employer may not reject a United States worker because the worker is unable or unwilling to fill more than one job opportunity included in the petition. (iii) Exception Notwithstanding clause (i), the employer may offer a job opportunity to an H–2A worker instead of an alien granted certified agricultural worker status under title I of the Affordable and Secure Food Act of 2022 if the H–2A worker was employed by the employer in each of 3 years during the 4-year period immediately preceding the date of the enactment of such Act. (3) Recruitment report (A) In general The employer shall maintain a recruitment report through the applicable period described in paragraph (2)(B) and submit regular updates through the electronic platform on the results of recruitment. The employer shall retain the recruitment report, and all associated recruitment documentation, for a period of 3 years from the date of certification. (B) Burden of proof If the employer asserts that any eligible individual who has applied or been referred is not able, willing or qualified, the employer bears the burden of proof to establish that the individual is not able, willing or qualified because of a lawful, employment-related reason. (d) Wage requirements (1) In general Each employer under this section will offer the worker, during the period of authorized employment, wages that are at least the greatest of— (A) the agreed-upon collective bargaining wage; (B) the adverse effect wage rate (or any successor wage established under paragraph (7)); (C) the prevailing wage (hourly wage or piece rate); or (D) the Federal or State minimum wage. (2) Adverse effect wage rate determinations (A) In general Except as provided under subparagraph (B), the applicable adverse effect wage rate for each State and classification for a calendar year shall be the annual average hourly gross wage for all hired agricultural workers in the State, as reported by the Secretary of Agriculture and the Secretary of Labor based on a wage survey conducted by such secretaries under subparagraph (C). If such wage is not reported, the applicable wage shall be the State or regional annual gross average hourly wage for all hired agricultural workers based on the Agricultural Labor Wage survey conducted pursuant to subparagraph (C). (B) Limitations on wage fluctuations (i) Wage freeze for calendar year 2023 For calendar year 2023, the adverse effect wage rate for each State classification under this subsection shall be the adverse effect wage rate that was in effect for H–2A workers in the applicable State on the date of the introduction of the Affordable and Secure Food Act of 2022 . (ii) Calendar years 2024 through 2034 For each of calendar years 2024 through 2034, the adverse effect wage rate for each State classification under this subsection shall be the wage calculated under subparagraph (A), except that such wage may not— (I) be more than 1.25 percent lower than the wage in effect for H–2A workers in the applicable State classification in the immediately preceding calendar year; (II) except as provided in clause (III), be more than 3 percent higher than the wage in effect for H–2A workers in the applicable State classification in the immediately preceding calendar year; and (III) if the application of clause (II) results in a wage that is lower than 110 percent of the applicable Federal or State minimum wage, be more than 4 percent higher than the wage in effect for H–2A workers in the applicable State classification in the immediately preceding calendar year. (iii) Calendar years after 2034 For any calendar year after 2034, the applicable wage rate described in paragraph (1)(B) shall be the wage rate established pursuant to paragraph (7)(D). Until such wage rate is effective, the adverse effect wage rate for each State classification under this subsection shall be the wage calculated under subparagraph (A), except that such wage may not be more than 0.5 percent lower or 3 percent higher than the wage in effect for H–2A workers in the applicable State classification in the immediately preceding calendar year. (C) Wage surveys and data (i) Agricultural labor survey The Secretary of Labor, in carrying out the responsibilities in setting the adverse effect wage rate under subparagraph (A), shall rely on statistically valid data from the Department of Agriculture National Agricultural Statistics Service’s annual findings from the Agricultural Labor Survey (commonly referred to as the Farm Labor Survey ). (ii) Form; data The Secretary of Agriculture shall conduct the Agricultural Labor Survey in the form of a quarterly survey of the number of hired agricultural workers, the number of hours worked, and the total gross wages paid by type of worker, including field workers, livestock workers, and supervisors or managers, disaggregated by occupational groups and other workers (who may be classified by the Standard Occupational Classification system). (iii) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture and the Secretary of Labor, such sums as may be necessary for the purposes of carrying out this subsection. (3) Publication; wages in effect (A) Publication Before the first day of each calendar year, the Secretary of Labor shall publish the applicable adverse effect wage rate (or successor wage rate, if any), and prevailing wage, if available, for each State and occupational classification through notice in the Federal Register. (B) Job orders in effect Except as provided in subparagraph (C), publication by the Secretary of Labor of an updated adverse effect wage rate or prevailing wage for a State and occupational classification shall not affect the wage rate guaranteed in any approved job order for which work has commenced at the time of publication. (C) Exception for year-round jobs If the Secretary of Labor publishes an updated adverse effect wage rate or prevailing wage for a State and occupational classification concerning a petition described in subsection (i), and the updated wage is higher than the wage rate guaranteed in the work contract, the employer shall pay the updated wage not later than 14 days after publication of the updated wage in the Federal Register. (4) Productivity standard requirements If an employer requires 1 or more minimum productivity standards as a condition of job retention, such standards shall be specified in the job order and shall be no more than those normally required (at the time of the first petition for H–2A workers) by other employers for the activity in the area of intended employment, unless the Secretary of Labor approves a higher minimum standard resulting from material changes in production methods. (5) Guarantee of employment (A) Offer to worker The employer shall guarantee the worker employment for the hourly equivalent of at least 80 percent of the work days of the total period of employment, beginning with the first work day after the arrival of the worker at the place of employment and ending on the date specified in the job offer. For purposes of this subparagraph, the hourly equivalent means the number of hours in the work days as stated in the job offer and shall exclude the worker’s Sabbath and Federal holidays. If the employer affords the worker less employment than that required under this paragraph, the employer shall pay the worker the amount which the worker would have earned had the worker, in fact, worked for the guaranteed number of hours. (B) Failure to work Any hours which the worker fails to work, up to a maximum of the number of hours specified in the job offer for a work day, when the worker has been offered an opportunity to do so, and all hours of work actually performed (including voluntary work in excess of the number of hours specified in the job offer in a work day, on the worker’s Sabbath, or on Federal holidays) may be counted by the employer in calculating whether the period of guaranteed employment has been met. (C) Abandonment of employment; termination for cause If the worker voluntarily abandons employment without good cause before the end of the contract period, or is terminated for cause, the worker is not entitled to the guarantee of employment described in subparagraph (A). (D) Contract impossibility If, before the expiration of the period of employment specified in the job offer, the services of the worker are no longer required for reasons beyond the control of the employer due to any form of natural disaster before the guarantee in subparagraph (A) is fulfilled, the employer may terminate the worker’s employment. In the event of such termination, the employer shall fulfill the employment guarantee in subparagraph (A) for the work days that have elapsed from the first work day after the arrival of the worker to the termination of employment. The employer shall make efforts to transfer a worker to other comparable employment acceptable to the worker. If such transfer is not effected, the employer shall provide the return transportation required in subsection (f)(2). (6) Wage standards after 2034 (A) Study of adverse effect wage rate Beginning in fiscal year 2031, the Secretary of Agriculture and the Secretary of Labor shall jointly conduct a study that addresses— (i) whether the employment of H–2A workers has depressed the wages of United States farm workers; (ii) whether an adverse effect wage rate is necessary to protect the wages of United States farm workers in occupations in which H–2A workers are employed; (iii) whether alternative wage standards would be sufficient to prevent wages in occupations in which H–2A workers are employed from falling below the wage level that would have prevailed in the absence of H–2A employment; (iv) whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage rate; and (v) recommendations for future wage protection under this section. (B) Final report Not later than October 1, 2032, the Secretary of Agriculture and the Secretary of Labor shall jointly prepare and submit a report to Congress setting forth the findings of the study conducted under subparagraph (A) and recommendations for future wage protections under this section. (C) Consultation In conducting the study under subparagraph (A) and preparing the report under subparagraph (B), the Secretary of Agriculture and the Secretary of Labor shall consult with representatives of agricultural employers and an equal number of representatives of agricultural workers, at the national, State and local level. (D) Wage determination after 2034 Upon publication of the report described in subparagraph (B), the Secretary of Labor, in consultation with the Secretary of Agriculture, shall make a rule to establish a process for annually determining the wage rate for purposes of paragraph (1)(B) for fiscal years after 2034. Such process shall be designed to ensure that the employment of H–2A workers does not undermine the wages and working conditions of similarly employed United States workers. (e) Housing requirements Employers shall furnish housing in accordance with regulations established by the Secretary of Labor. Such regulations shall be consistent with the following: (1) In general The employer shall be permitted at the employer’s option to provide housing meeting applicable Federal standards for temporary labor camps or to secure housing which meets the local standards for rental and/or public accommodations or other substantially similar class of habitation: Provided, That in the absence of applicable local standards, State standards for rental and/or public accommodations or other substantially similar class of habitation shall be met: Provided further, That in the absence of applicable local or State standards, Federal temporary labor camp standards shall apply. (2) Family housing Except as otherwise provided in subsection (i)(5), the employer shall provide family housing to workers with families who request it when it is the prevailing practice in the area and occupation of intended employment to provide family housing. (3) United States workers Notwithstanding paragraphs (1) and (2), an employer is not required to provide housing to United States workers who are reasonably able to return to their residence within the same day. (4) Timing of inspection (A) In general The Secretary of Labor or designee shall make a determination as to whether the housing furnished by an employer for a worker meets the requirements imposed by this subsection prior to the date on which the Secretary of Labor is required to make a certification with respect to a petition for the admission of such worker. (B) Timely inspection The Secretary of Labor shall provide a process for— (i) an employer to request inspection of housing up to 60 days before the date on which the employer will file a petition under this section; and (ii) annual inspection of housing for workers who are engaged in agricultural employment that is not of a seasonal or temporary nature. (f) Transportation requirements (1) Travel to place of employment A worker who completes 50 percent of the period of employment specified in the job order shall be reimbursed by the employer for the cost of the worker’s transportation and subsistence from the place from which the worker came to work for the employer (or place of last employment, if the worker traveled from such place) to the place of employment. (2) Travel from place of employment For a worker who completes the period of employment specified in the job order or who is terminated without cause, the employer shall provide or pay for the worker’s transportation and subsistence from the place of employment to the place from which the worker, disregarding intervening employment, came to work for the employer, or to the place of next employment, if the worker has contracted with a subsequent employer who has not agreed to provide or pay for the worker’s transportation and subsistence to such subsequent employer’s place of employment. (3) Transportation between living quarters and place of employment The employer shall provide transportation for a worker between housing provided or secured by the employer and the employer’s place of employment at no cost to the worker. (4) Limitation (A) Amount of reimbursement Except as provided in subparagraph (B), the amount of reimbursement provided under paragraph (1) or (2) to a worker need not exceed the lesser of— (i) the actual cost to the worker of the transportation and subsistence involved; or (ii) the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved. (B) Distance traveled For travel to or from the worker’s home country, if the travel distance between the worker’s home and the relevant consulate is 50 miles or less, reimbursement for transportation and subsistence may be based on transportation to or from the consulate. (g) Heat illness prevention plan (1) In general The employer shall maintain a reasonable plan that describes the employer’s procedures for the prevention of heat illness, including appropriate training, access to water and shade, the provision of breaks, and the protocols for emergency response. Such plan shall— (A) be in writing in English and, to the extent necessary, any language common to a significant portion of the workers if they are not fluent in English; and (B) be posted at a conspicuous location at the worksite and provided to employees prior to the commencement of labor or services. (2) Clarification Nothing in this subsection is intended to limit any other Federal or State authority to promulgate, enforce, or maintain health and safety standards related to heat-related illness. (3) Template Not later than 1 year after the date of the enactment of the Affordable and Secure Food Act of 2022 , the Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, shall publish, on the website of the Occupational Safety and Health Administration, a template for a Heat Illness Prevention Plan, which employers could use, at their discretion, to help them develop such a plan. (h) H–2A petition procedures (1) Submission of petition and job order (A) In general The employer shall submit information required for the adjudication of the H–2A petition, including a job order, through the electronic platform no more than 75 calendar days and no fewer than 60 calendar days before the employer’s first date of need specified in the petition. (B) Filing by agricultural associations An association of agricultural producers that use agricultural services may file an H–2A petition under subparagraph (A). If an association is a joint or sole employer of workers, including agricultural cooperatives, who perform agricultural labor or services, H–2A workers may be used for the approved job opportunities of any of the association’s producer members and such workers may be transferred among its producer members to perform the agricultural labor or services for which the petition was approved. (C) Petitions involving staggered entry (i) In general Except as provided in clause (ii), an employer may file a petition involving employment in the same occupational classification and same area of intended employment with multiple start dates if— (I) the petition involves temporary or seasonal employment and no more than 10 start dates; (II) the multiple start dates share a common end date; (III) no more than 120 days separate the first start date and the final start date listed in the petition; and (IV) the need for multiple start dates arises from variations in labor needs associated with the job opportunity identified in the petition. (ii) Labor contractors A labor contractor may not file a petition described in clause (i). (2) Labor certification (A) Review of job order (i) In general The Secretary of Labor, in consultation with the relevant State workforce agency, shall review the job order for compliance with this section and notify the employer through the electronic platform of any deficiencies not later than 7 business days from the date the employer submits the necessary information required under paragraph (1)(A). The employer shall be provided 5 business days to respond to any such notice of deficiency. (ii) Standard The job order must include all material terms and conditions of employment, including the requirements of this section, and must be otherwise consistent with the minimum standards provided under Federal, State or local law. In considering the question of whether a specific qualification is appropriate in a job order, the Secretary of Labor shall apply the normal and accepted qualification required by non-H–2A employers in the same or comparable occupations and crops. (iii) Emergency procedures The Secretary of Labor shall establish emergency procedures for the curing of deficiencies that cannot be resolved during the period described in clause (i). (B) Approval of job order (i) In general Upon approval of the job order, the Secretary of Labor shall immediately place for public examination a copy of the job order on the online job registry, and the State workforce agency serving the area of intended employment shall commence the recruitment of United States workers. (ii) Referral of United States workers The Secretary of Labor and State workforce agency shall keep the job order active until the end of the period described in subsection (c)(2) and shall refer to the employer each United States worker who applies for the job opportunity. (C) Review of information for deficiencies Not later than 7 business days after the approval of the job order, the Secretary of Labor shall review the information necessary to make a labor certification and notify the employer through the electronic platform if such information does not meet the standards for approval. Such notification shall include a description of any deficiency, and the employer shall be provided 5 business days to cure such deficiency. (D) Certification and authorization of workers Not later than 30 days before the date that labor or services are first required to be performed, the Secretary of Labor shall issue the requested labor certification if the Secretary determines that the requirements set forth in this section have been met. (E) Expedited administrative appeals of certain determinations The Secretary of Labor shall by regulation establish a procedure for an employer to request the expedited review of a denial of a labor certification under this section, or the revocation of such a certification. Such procedure shall require the Secretary to expeditiously, but no later than 72 hours after expedited review is requested, issue a de novo determination on a labor certification that was denied in whole or in part because of the availability of able, willing and qualified workers if the employer demonstrates, consistent with subsection (c)(3)(B), that such workers are not actually available at the time or place such labor or services are required. (3) Petition decision (A) In general Not later than 7 business days after the Secretary of Labor issues the certification, the Secretary of Homeland Security shall issue a decision on the petition and shall transmit a notice of action to the petitioner via the electronic platform. (B) Approval Upon approval of a petition under this section, the Secretary of Homeland Security shall ensure that such approval is noted in the electronic platform and is available to the Secretary of State and U.S. Customs and Border Protection, as necessary, to facilitate visa issuance and admission. (C) Partial approval A petition for multiple named beneficiaries may be partially approved with respect to eligible beneficiaries notwithstanding the ineligibility, or potential ineligibility, of one or more other beneficiaries. (D) Post-certification amendments The Secretary of Labor shall provide a process for amending a request for labor certification in conjunction with an H–2A petition, subsequent to certification by the Secretary of Labor, in cases in which the requested amendment does not materially change the petition (including the job order). (4) Roles of agricultural associations (A) Member’s violation does not necessarily disqualify association or other members If an individual producer member of a joint employer association is determined to have committed an act that results in the denial of a petition with respect to the member, the denial shall apply only to that member of the association unless the Secretary of Labor determines that the association or other member participated in, had knowledge of, or reason to know of, the violation. (B) Association’s violation does not necessarily disqualify members (i) If an association representing agricultural producers as a joint employer is determined to have committed an act that results in the denial of a petition with respect to the association, the denial shall apply only to the association and does not apply to any individual producer member of the association unless the Secretary of Labor determines that the member participated in, had knowledge of, or reason to know of, the violation. (ii) If an association of agricultural producers certified as a sole employer is determined to have committed an act that results in the denial of a petition with respect to the association, no individual producer member of such association may be the beneficiary of the services of H–2A workers in the commodity and occupation in which such aliens were employed by the association which was denied during the period such denial is in force, unless such producer member employs such aliens in the commodity and occupation in question directly or through an association which is a joint employer of such workers with the producer member. (5) Special procedures For occupations with established special procedures that were in place on the date of the enactment of the Affordable and Secure Food Act of 2022 , the Secretary of Labor, in consultation with the Secretary of Agriculture and Secretary of Homeland Security, may by regulation establish alternate procedures that reasonably modify program requirements under this section, when the Secretary determines that such modifications are required due to the unique nature of the work involved. (6) Construction occupations An employer may not file a petition under this section on behalf of a worker if the majority of the worker’s duties will fall within a construction or extraction occupational classification. (i) Non-Temporary or non-Seasonal needs (1) In general Notwithstanding the requirement under section 101(a)(15)(H)(ii)(a) that the agricultural labor or services performed by an H–2A worker be of a temporary or seasonal nature, the Secretary of Homeland Security may, consistent with the provisions of this subsection, approve a petition from a fixed site farm employer for an H–2A worker to perform agricultural services or labor that is not of a temporary or seasonal nature. (2) Numerical limitations (A) First 3 fiscal years The total number of aliens who may be issued visas or otherwise provided H–2A nonimmigrant status under paragraph (1) for the first fiscal year during which the first visa is issued under such paragraph and for each of the following 2 fiscal years may not exceed 26,000. (B) Fiscal years 4 through 10 (i) In general The total number of aliens who may be issued visas or otherwise provided H–2A nonimmigrant status under paragraph (1) for the first fiscal year following the fiscal years referred to in subparagraph (A) and for each of the following 6 fiscal years may not exceed a numerical limitation jointly imposed by the Secretary of Agriculture and Secretary of Labor in accordance with clause (ii). (ii) Annual adjustments For each fiscal year referred to in clause (i), the Secretary of Agriculture and the Secretary of Labor, in consultation with the Secretary of Homeland Security, shall establish the numerical limitation referred to in clause (i). Such numerical limitation may not be lower than 26,000 and may not vary by more than 15 percent compared to the numerical limitation applicable to the immediately preceding fiscal year. In establishing such numerical limitation, the Secretaries shall consider appropriate factors, including— (I) a demonstrated shortage of agricultural workers; (II) the level of unemployment and underemployment of agricultural workers during the preceding fiscal year; (III) the number of H–2A workers sought by employers, including the number of petitions filed for H–2A workers during the preceding fiscal year to engage in agricultural labor or services not of a temporary or seasonal nature; (IV) the number of such H–2A workers issued a visa in the most recent fiscal year who remain in the United States in compliance with the terms of such visa; (V) the estimated number of United States workers, including workers who obtained certified agricultural worker status under title I of the Affordable and Secure Food Act of 2022 , who worked during the preceding fiscal year in agricultural labor or services not of a temporary or seasonal nature; (VI) the number of such United States workers who accepted jobs offered by employers using the online job registry during the preceding fiscal year; (VII) any growth or contraction of the United States agricultural industry that has increased or decreased the demand for agricultural workers; and (VIII) any changes in the real wages paid to agricultural workers in the United States as an indication of a shortage or surplus of agricultural labor. (iii) Annual report The Secretary of Agriculture and the Secretary of Labor shall submit an annual report containing the information described in clause (ii) to— (I) the Committee on Agriculture, Nutrition, and Forestry of the Senate ; (II) the Committee on Health, Education, Labor, and Pensions of the Senate ; (III) the Committee on Homeland Security and Governmental Affairs of the Senate ; (IV) the Committee on the Judiciary of the Senate ; (V) the Committee on Agriculture of the House of Representatives ; (VI) the Committee on Education and Labor of the House of Representatives ; (VII) the Committee on Homeland Security of the House of Representatives ; and (VIII) the Committee on the Judiciary of the House of Representatives . (C) Subsequent fiscal years For each of the fiscal years following the fiscal years referred to in subparagraph (B), the Secretary of Agriculture and the Secretary of Labor, in consultation with the Secretary of Homeland Security, shall jointly determine, after considering appropriate factors, including the factors listed in subclauses (I) through (VIII) of subparagraph (B)(ii), whether to establish or to no longer maintain a numerical limitation for such fiscal year. If a numerical limitation is established for such fiscal year— (i) such numerical limitation may not be lower than the number of aliens admitted under this subsection during the fiscal year immediately preceding the fiscal year for which the numerical limitation is to be established; and (ii) the total number of aliens who may be issued visas or otherwise provided H–2A nonimmigrant status under paragraph (1) for that fiscal year may not exceed such numerical limitation. (D) Automatic adjustment for significant labor shortages Not later than the last day of the third fiscal year during which the first visa is issued under paragraph (1), the Secretary of Agriculture and the Secretary of Labor, in consultation with the Secretary of Homeland Security, shall jointly establish, by regulation, procedures for immediately adjusting a numerical limitation imposed under subparagraph (B) or (C) to account for significant labor shortages. Such regulations shall take into account the factors set forth in subparagraph (B)(ii). (3) Allocation of visas (A) Bi-annual allocation The annual allocation of visas described in paragraph (2) shall be evenly allocated between two halves of the fiscal year unless the Secretary of Homeland Security, in consultation with the Secretary of Agriculture and Secretary of Labor, determines that an alternative allocation would better accommodate demand for visas. Any unused visas in the first half of the fiscal year shall be added to the allocation for the subsequent half of the same fiscal year. (B) Reserve for dairy labor or services (i) In general Of the visa numbers made available in each half of the fiscal year pursuant to subparagraph (A), 50 percent of such visas shall be reserved for employers filing petitions seeking H–2A workers to engage in agricultural labor or services in the dairy industry. (ii) Exception If, after 4 months have elapsed in one half of the fiscal year, the Secretary of Homeland Security determines that application of clause (i) will result in visas going unused during that half of the fiscal year, clause (i) shall not apply to visas under this paragraph during the remainder of such calendar half. (C) Reserve for small farmer labor or services (i) In general Except as provided in clause (ii), of the visas made available during each 6 month period of a fiscal year pursuant to subparagraph (A), 20 percent shall be reserved for employers (excluding employers eligible for a reserve under subparagraph (B)) with fewer than 50 domestic employees that file a petition seeking H–2A workers to engage in agricultural labor or services. (ii) Exception If, after 4 months have elapsed in 1/2 of the fiscal year, the Secretary of Homeland Security determines that the application of clause (i) will result in visas going unused during that 6-month period, clause (i) shall not apply to visas under this paragraph during the remainder of such 6-month period. (D) Limited allocation for certain special procedures industries (i) In general Notwithstanding the numerical limitations under paragraph (2), up to 550 aliens may be issued visas or otherwise provided H–2A nonimmigrant status under paragraph (1) in a fiscal year for range sheep or goat herding. (ii) Limitation The total number of aliens in the United States in valid H–2A status under clause (i) at any one time may not exceed 550. (iii) Clarification Any visas issued under this subparagraph may not be considered for purposes of the annual adjustments under subparagraphs (B) and (C) of paragraph (2). (4) Annual round trip home (A) In general In addition to the other requirements of this section, an employer shall provide H–2A workers employed under this subsection, at no cost to such workers, with annual round trip travel, including transportation and subsistence during travel, to their homes in their communities of origin. The employer must provide such travel within 14 months of the initiation of the worker’s employment, and no more than 14 months can elapse between each required period of travel. (B) Limitation The cost of travel under subparagraph (A) need not exceed the lesser of— (i) the actual cost to the worker of the transportation and subsistence involved; or (ii) the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved. (5) Family housing An employer seeking to employ an H–2A worker pursuant to this subsection shall offer family housing to workers with families if such workers are engaged in agricultural employment that is not of a seasonal or temporary nature. The worker may reject such an offer. The employer may not charge the worker for the worker’s housing, except that if the worker accepts family housing, a prorated rent based on the fair market value for such housing may be charged for the worker’s family members. (6) Workplace safety plan for year-round employees (A) In general If an employer is seeking to employ a worker in agricultural labor or services pursuant to this subsection, the employer shall report all work-related incidents in accordance with the requirements under section 1904.39 of title 29, Code of Federal Regulations, and maintain an effective worksite safety and compliance plan to prevent workplace accidents and otherwise ensure safety. Such plan shall— (i) be in writing in English and, to the extent necessary, any language common to a significant portion of the workers if they are not fluent in English; and (ii) be posted at a conspicuous location at the worksite and provided to employees prior to the commencement of labor or services. (B) Contents of plan The Secretary of Labor, in consultation with the Secretary of Agriculture, shall establish by regulation the minimum requirements for the plan described in subparagraph (A). Such plan shall include measures to— (i) require workers (other than the employer’s family members) whose positions require contact with animals to complete animal care training, including animal handling and job-specific animal care; (ii) protect against sexual harassment and violence, resolve complaints involving harassment or violence, and protect against retaliation against workers reporting harassment or violence; and (iii) contain other provisions necessary for ensuring workplace safety, as determined by the Secretary of Labor, in consultation with the Secretary of Agriculture. (C) Clarification Nothing in this paragraph is intended— (i) to apply to persons or entities that are not seeking to employ workers under this section; or (ii) to limit any other Federal or State authority to promulgate, enforce, or maintain health and safety standards related to the dairy industry. (j) Eligibility for H–2A status and admission to the United States (1) Disqualification An alien shall be ineligible for admission to the United States as an H–2A worker pursuant to a petition filed under this section if the alien was admitted to the United States as an H–2A worker within the past 5 years of the date the petition was filed and— (A) violated a material provision of this section, including the requirement to promptly depart the United States when the alien’s authorized period of admission has expired, unless the alien has good cause for such failure to depart; or (B) otherwise violated a term or condition of admission into the United States as an H–2A worker. (2) Visa validity A visa issued to an H–2A worker shall be valid for 3 years and shall allow for multiple entries during the approved period of admission. (3) Period of authorized stay; admission (A) In general An alien admissible as an H–2A worker shall be authorized to stay in the United States for the period of employment specified in the petition approved by the Secretary of Homeland Security under this section. The maximum continuous period of authorized stay for an H–2A worker is 36 months. (B) Requirement to remain outside the United States In the case of an H–2A worker whose maximum continuous period of authorized stay (including any extensions) has expired, the alien may not again be eligible for such stay until the alien remains outside the United States for a cumulative period of at least 45 days. (C) Exceptions The Secretary of Homeland Security shall deduct absences from the United States that take place during an H–2A worker’s period of authorized stay from the period that the alien is required to remain outside the United States under subparagraph (B), if the alien or the alien’s employer requests such a deduction, and provides clear and convincing proof that the alien qualifies for such a deduction. Such proof shall consist of evidence including, but not limited to, arrival and departure records, copies of tax returns, and records of employment abroad. (D) Admission In addition to the maximum continuous period of authorized stay, an H–2A worker’s authorized period of admission shall include an additional period of 10 days prior to the beginning of the period of employment for the purpose of traveling to the place of employment and 45 days at the end of the period of employment for the purpose of traveling home or seeking an extension of status based on a subsequent offer of employment if the worker has not reached the maximum continuous period of authorized stay under subparagraph (A) (subject to the exceptions in subparagraph (C)). (4) Continuing H–2A workers (A) Successive employment An H–2A worker is authorized to start new or concurrent employment upon the filing of a nonfrivolous H–2A petition, or as of the requested start date, whichever is later if— (i) the petition to start new or concurrent employment was filed prior to the expiration of the H–2A worker’s period of admission as defined in paragraph (3)(D); and (ii) the H–2A worker has not been employed without authorization in the United States from the time of last admission to the United States in H–2A status through the filing of the petition for new employment. (B) Protection due to immigrant visa backlogs Notwithstanding the limitations on the period of authorized stay described in paragraph (3), any H–2A worker who— (i) is the beneficiary of an approved petition, filed under section 204(a)(1)(E) or (F) for preference status under section 203(b)(3)(A)(iii); and (ii) is eligible to be granted such status but for the annual limitations on visas under section 203(b)(3)(A), may apply for, and the Secretary of Homeland Security may grant, an extension of such nonimmigrant status until the Secretary of Homeland Security issues a final administrative decision on the alien’s application for adjustment of status or the Secretary of State issues a final decision on the alien’s application for an immigrant visa. (5) Abandonment of employment (A) In general Except as provided in subparagraph (B), an H–2A worker who abandons the employment which was the basis for the worker’s authorized stay, without good cause, shall be considered to have failed to maintain H–2A status and shall depart the United States or be subject to removal under section 237(a)(1)(C)(i). (B) Grace period to secure new employment An H–2A worker shall not be considered to have failed to maintain H–2A status solely on the basis of a cessation of the employment on which the alien’s classification was based for a period of 45 consecutive days, or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. (k) Required disclosures (1) Disclosure of work contract Not later than the time at which an H–2A worker applies for a visa, or not later than the date on which work commences for a worker in corresponding employment, the employer shall provide such worker with a copy of the work contract, which shall include all of the provisions under this section, or, in the absence of such a contract, a copy of the job order and the certification described in subparagraphs (B) and (D) of subsection (h)(2), which shall be deemed to be the work contract. An H–2A worker moving from one H–2A employer to a subsequent H–2A employer shall be provided with a copy of the new employment contract no later than the time at which an offer of employment is made by the subsequent employer. (2) Hours and earnings statements The employer shall furnish to H–2A workers, on or before each payday, in one or more written statements— (A) the H–2A worker’s total earnings for the pay period; (B) the H–2A worker’s hourly rate of pay, piece rate of pay, or both; (C) the hours of employment offered to the H–2A worker and the hours of employment actually worked by the H–2A worker; (D) if piece rates of pay are used, the units produced daily by the H–2A worker; (E) an itemization of the deductions made from the H–2A worker’s wages; and (F) any other information required by Federal, State or local law. (3) Notice of worker rights The employer shall post and maintain, in a conspicuous location at the place of employment, a poster provided by the Secretary of Labor in English, and, to the extent necessary, any language common to a significant portion of the workers if they are not fluent in English, which sets out the rights and protections for workers employed pursuant to this section. (l) Labor contractors; foreign labor recruiters; prohibition on fees (1) labor contractors (A) Surety bond An employer that is a labor contractor who seeks to employ H–2A workers shall maintain a surety bond in an amount required under subparagraph (B). Such bond shall be payable to the Secretary of Labor or pursuant to the resolution of a civil or criminal proceeding, for the payment of wages and benefits, including any assessment of interest, owed to an H–2A worker or a similarly employed worker, or a worker who has been rejected or displaced in violation of this section. (B) Amount of bond The Secretary of Labor shall annually publish in the Federal Register a schedule of required bond amounts that are determined by such Secretary to be sufficient for labor contractors to discharge financial obligations under this section based on the number of workers the labor contractor seeks to employ and the wages such workers are required to be paid. (C) Use of funds Any sums paid to the Secretary under subparagraph (A) that are not paid to a worker because of the inability to do so within a period of 5 years following the date of a violation giving rise to the obligation to pay shall remain available to the Secretary without further appropriation until expended to support the enforcement of this section. (2) Foreign labor recruiting If the employer has retained the services of a foreign labor recruiter, the employer shall use a foreign labor recruiter registered under section 251 of the Affordable and Secure Food Act of 2022 . (3) Prohibition against employees paying fees Neither the employer nor its agents shall seek or receive payment of any kind from any worker for any activity related to the H–2A process, including payment of the employer’s attorneys’ fees, application fees, or recruitment costs. An employer and its agents may receive reimbursement for costs that are the responsibility and primarily for the benefit of the worker, such as government-required passport fees. (4) Third party contracts The contract between an employer and any labor contractor or any foreign labor recruiter (or any agent of such labor contractor or foreign labor recruiter) whom the employer engages shall include a term providing for the termination of such contract for cause if the contractor or recruiter, either directly or indirectly, in the placement or recruitment of H–2A workers seeks or receives payments or other compensation from prospective employees. Upon learning that a labor contractor or foreign labor recruiter has sought or collected such payments, the employer shall so terminate any contracts with such contractor or recruiter. (m) Enforcement authority (1) In general The Secretary of Labor is authorized to take such actions against employers, including issuing subpoenas, imposing appropriate penalties, and seeking monetary and injunctive relief and specific performance of contractual obligations, as may be necessary to ensure compliance with the requirements of this section and with the applicable terms and conditions of employment. The Solicitor of Labor may appear on behalf of and represent the Secretary of Labor in any civil litigation brought under this chapter, but all such litigation shall be subject to the direction and control of the Attorney General. (2) Complaint process (A) Process The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints alleging failure of an employer to comply with the requirements under this section and with the applicable terms and conditions of employment. (B) Filing A complaint referred to in subparagraph (A) may be filed not later than 2 years after the date of the conduct that is the subject of the complaint. (C) Complaint not exclusive A complaint filed under this paragraph is not an exclusive remedy and the filing of such a complaint does not waive any rights or remedies of the aggrieved party under this law or other laws. (D) Decision and remedies If the Secretary of Labor finds, after notice and opportunity for a hearing, that the employer failed to comply with the requirements of this section or the terms and conditions of employment, the Secretary of Labor may require payment of unpaid wages, unpaid benefits, fees assessed in violation of this section, damages, and civil money penalties. The Secretary is also authorized to impose other administrative remedies, including disqualification of the employer from utilizing the H–2A program for a period of up to 5 years in the event of willful or multiple material violations. The Secretary is authorized to permanently disqualify an employer from utilizing the H–2A program upon a subsequent finding involving willful or multiple material violations. (E) Disposition of penalties Civil penalties collected under this paragraph shall be deposited into the H–2A Labor Certification Fee Account established under section 203 of the Affordable and Secure Food Act of 2022 . (3) Statutory construction Nothing in this subsection may be construed as limiting the authority of the Secretary of Labor to conduct an investigation— (A) under any other law, including any law affecting migrant and seasonal agricultural workers; or (B) in the absence of a complaint. (4) Retaliation prohibited It is a violation of this subsection for any person to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against, or to cause any person to intimidate, threaten, restrain, coerce, blacklist, or in any manner discriminate against, an employee, including a former employee or an applicant for employment, because the employee— (A) has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation under this section, or any rule or regulation relating to this section; (B) has filed a complaint concerning the employer’s compliance with the requirements under this section or any rule or regulation pertaining to this section; (C) cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer’s compliance with the requirements under this section or any rule or regulation pertaining to this section; or (D) has taken steps to exercise or assert any right or protection under the provisions of this section, or any rule or regulation pertaining to this section, or any other relevant Federal, State, or local law. (5) Interagency communication The Secretary of Labor, in consultation with the Secretary of Homeland Security, Secretary of State and the Equal Employment Opportunity Commission, shall establish mechanisms by which the agencies and their components share information, including by public electronic means, regarding complaints, studies, investigations, findings and remedies regarding compliance by employers with the requirements of the H–2A program and other employment-related laws and regulations. (n) Definitions In this section: (1) Displace The term displace means to lay off a similarly employed United States worker, other than for lawful job-related reasons, in the occupation and area of intended employment for the job for which H–2A workers are sought. (2) H–2A worker The term H–2A worker means a nonimmigrant described in section 101(a)(15)(H)(ii)(a). (3) Job order The term job order means the document containing the material terms and conditions of employment, including obligations and assurances required under this section or any other law. (4) Online job registry The term online job registry means the online job registry of the Secretary of Labor required under section 201(b) of the Affordable and Secure Food Act of 2022 (or similar successor registry). (5) Similarly employed The term similarly employed , in the case of a worker, means a worker in the same occupational classification as the classification or classifications for which the H–2A worker is sought. (6) United States worker The term United States worker means any worker who is— (A) a citizen or national of the United States; (B) an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized to be employed in the United States; (C) an alien granted certified agricultural worker status under title I of the Affordable and Secure Food Act of 2022 ; or (D) an individual who is not an unauthorized alien (as defined in section 274A(h)(3)) with respect to the employment in which the worker is engaging. (o) Fees; authorization of appropriations (1) Fees (A) In general The Secretary of Homeland Security shall impose a fee to process petitions under this section. Such fee shall be set at a level that is sufficient to recover the reasonable costs of processing the petition, including the reasonable costs of providing labor certification by the Secretary of Labor. (B) Distribution Fees collected under subparagraph (A) shall be deposited as offsetting receipts into the immigration examinations fee account in section 286(m), except that the portion of fees assessed for the Secretary of Labor shall be deposited into the H–2A Labor Certification Fee Account established pursuant to section 203(c) of the Affordable and Secure Food Act of 2022 . (2) Appropriations There are authorized to be appropriated for each fiscal year such sums as necessary for the purposes of— (A) recruiting United States workers for labor or services which might otherwise be performed by H–2A workers, including by ensuring that State workforce agencies are sufficiently funded to fulfill their functions under this section; (B) enabling the Secretary of Labor to make determinations and certifications under this section and under section 212(a)(5)(A)(i); (C) monitoring and enforcing the terms and conditions under which H–2A workers (and United States workers employed by the same employers) are employed in the United States; and (D) enabling the Secretary of Agriculture to carry out the Secretary of Agriculture’s duties and responsibilities under this section. . 203. Agency roles and responsibilities (a) Responsibilities of the Secretary of Labor With respect to the administration of the H–2A nonimmigrant visa program (referred to in this section as the H–2A program ), the Secretary of Labor shall be responsible for— (1) consulting with State workforce agencies to— (A) review and process job orders; (B) facilitate the recruitment and referral of able, willing and qualified United States workers who will be available at the time and place needed; (C) determine prevailing wages and practices; and (D) conduct timely inspections to ensure compliance with applicable Federal, State, or local housing standards and Federal regulations for H–2A housing; (2) determining whether the employer has met the conditions for approval of the H–2A nonimmigrant visa petition described in section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ); (3) determining, in consultation with the Secretary of Agriculture, whether a job opportunity is of a seasonal or temporary nature; (4) determining whether the employer has complied or will comply with the H–2A program requirements set forth in section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ); (5) processing and investigating complaints consistent with section 218(m) of the Immigration and Nationality Act ( 8 U.S.C. 1188(m) ); (6) referring any matter as appropriate to the Inspector General of the Department of Labor for investigation; (7) ensuring that guidance to State workforce agencies to conduct wage surveys is regularly updated; and (8) issuing such rules and regulations as are necessary to carry out the Secretary of Labor’s responsibilities under this Act and the amendments made by this Act. (b) Responsibilities of the secretary of homeland security With respect to the administration of the H–2A program, the Secretary of Homeland Security shall be responsible for— (1) adjudicating petitions for the admission of nonimmigrants described in section 101(a)(15)(H)(2)(a) (referred to in this title as H–2A workers ), which shall include an assessment as to whether each beneficiary will be employed in accordance with the terms and conditions of the certification and whether any named beneficiaries qualify for such employment; (2) transmitting a copy of the final decision on the petition to the employer, and in the case of approved petitions, ensuring that the petition approval is reflected in the electronic platform to facilitate the prompt issuance of a visa by the Department of State (if required) and the admission of the H–2A workers to the United States; (3) establishing a reliable and secure method through which H–2A workers can access information about their H–2A visa status, including information on pending, approved, or denied petitions to extend such status; (4) investigating and preventing fraud in the program, including the utilization of H–2A workers for other than allowable agricultural labor or services; and (5) issuing such rules and regulations as are necessary to carry out the Secretary of Homeland Security’s responsibilities under this Act and the amendments made by this Act. (c) Establishment of account; use of funds (1) Establishment of account There is established in the general fund of the Treasury a separate account, which shall be known as the H–2A Labor Certification Fee Account . Notwithstanding any other provisions of law, there shall be deposited as offsetting receipts into the account all amounts— (A) collected as a civil penalty under section 218(m)(2)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1188(m)(2)(E) ); and (B) collected as a fee under section 218(o)(1)(B) of such Act ( 8 U.S.C. 1188(o)(1)(B) ). (2) Use of funds (A) In general Except as otherwise provided in this paragraph, amounts deposited into the H–2A Labor Certification Fee Account shall be available (except as otherwise provided in this paragraph) without fiscal year limitation and without the requirement for specification in appropriations Acts to the Secretary of Labor for use, directly or through grants, contracts, or other arrangements, in such amounts as the Secretary of Labor determines are necessary for the costs of Federal and State administration in carrying out activities in connection with labor certification under section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ). (B) Examples of approved costs Costs authorized under subparagraph (A) may include— (i) personnel salaries and benefits; (ii) equipment and infrastructure for adjudication and customer service processes; (iii) the operation and maintenance of an on-line job registry; and (iv) program integrity activities. (C) Considerations In determining what amounts to transfer to States for State administration in carrying out activities in connection with labor certification under section 218 of the Immigration and Nationality Act, the Secretary shall— (i) consider the number of H–2A workers employed in such State; and (ii) adjust the amount transferred to such State based on the proportion of H–2A workers employed in such State. (D) Audits; criminal investigations Ten percent of the amounts deposited into the H–2A Labor Certification Fee Account pursuant to paragraph (1) shall be available to the Office of Inspector General of the Department of Labor to conduct audits and criminal investigations relating to foreign labor certification programs. (3) Additional funds Amounts available under paragraph (1) shall be available in addition to any other funds appropriated or made available to the Department of Labor under other laws, including section 218(o)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1188(o)(2) ). 204. Worker protection and compliance (a) Equality of treatment H–2A workers may not be denied any right or remedy under any Federal, State, or local labor or employment law applicable to United States workers engaged in agricultural employment. (b) Applicability of other laws (1) Migrant and seasonal agricultural worker protection act H–2A workers shall be considered migrant agricultural workers for purposes of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. ). (2) Waiver of rights prohibited Agreements by H–2A workers to waive or modify any rights or protections under this Act or section 218 of the Immigration and Nationality Act, as amended by section 202, shall be considered void or contrary to public policy except as provided in a collective bargaining agreement with a bona fide labor organization. (3) Frivolous lawsuits prohibited A legal representative of an H–2A worker who seeks to enforce rights guaranteed under this Act or under section 218 of the Immigration and Nationality Act, as amended by section 202, shall comply with Rules 8 and 11 of the Federal Rules of Civil Procedure. (4) Demand letter prohibitions A legal representative of an H–2A worker, or a class of workers, may not send a demand letter to the employer of such worker, or class of workers, regarding a violation of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. ) and demanding a monetary payment without a good faith basis that there are sufficient facts to support such an allegation. (5) Third-party lawsuits All named plaintiffs in a lawsuit against the employer of an H–2A worker shall be a real party in interest and may not be a third party who is not an H–2A worker, except as otherwise expressly permitted under this Act or any other law. (6) Mediation (A) Free mediation services The Federal Mediation and Conciliation Service shall be available to assist in resolving disputes arising under this section between H–2A workers and agricultural employers without charge to the parties. (B) Lawsuits If an H–2A worker files a civil lawsuit alleging 1 or more violations of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. ), not later than 60 days after filing proof of service of the complaint, a party to the lawsuit may file a request with the Federal Mediation and Conciliation Service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute. (C) Notice Upon filing a request under subparagraph (B) and giving of notice to the parties, the parties shall attempt mediation within the period specified in subparagraph (D), except that nothing in this paragraph shall limit the ability of a court to order preliminary injunctive relief to protect health and safety or to otherwise prevent irreparable harm. (D) 90-day limit The Federal Mediation and Conciliation Service may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed 90 days beginning on the date on which the Federal Mediation and Conciliation Service receives a request for assistance under subparagraph (B) unless the parties agree to an extension of such period. (E) Authorization of appropriations (i) In general Subject to clause (ii), there is authorized to be appropriated to the Federal Mediation and Conciliation Service $5,600,000 for fiscal year 2023 and $4,600,000 for each of the following fiscal years to carry out this subparagraph. (ii) Mediation Notwithstanding any other provision of law, the Director of the Federal Mediation and Conciliation Service is authorized— (I) to conduct the mediation or other dispute resolution activities from any other account containing amounts available to the Director; and (II) to reimburse such account with amounts appropriated pursuant to clause (i). (F) Private mediation If all parties agree, a private mediator may be employed as an alternative to the Federal Mediation and Conciliation Service. (c) Farm labor contractor requirements (1) Surety bonds (A) Requirement Section 101 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1811 ), is amended by adding at the end the following: (e) A farm labor contractor shall maintain a surety bond in an amount determined by the Secretary to be sufficient for ensuring the ability of the farm labor contractor to discharge its financial obligations, including payment of wages and benefits to employees. Such a bond shall be available to satisfy any amounts ordered to be paid by the Secretary or by court order for failure to comply with the obligations of this Act. The Secretary of Labor shall annually publish in the Federal Register a schedule of required bond amounts that are determined by such Secretary to be sufficient for farm labor contractors to discharge financial obligations based on the number of workers to be covered. . (B) Registration determinations Section 103(a) of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1813(a) ), is amended— (i) in paragraph (4), by striking or at the end; (ii) in paragraph (5)(B), by striking or at the end; (iii) in paragraph (6), by striking the period at the end and inserting ; ; and (iv) by adding at the end the following: (7) has failed to maintain a surety bond in compliance with section 101(e); or (8) has been disqualified by the Secretary of Labor from importing nonimmigrants described in section 101(a)(15)(H)(ii) of the Immigration and Nationality Act. . (2) Successors in interest (A) Declaration Section 102 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1812 ), is amended— (i) in paragraph (4), by striking and at the end; (ii) in paragraph (5), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (6) a declaration, subscribed and sworn to by the applicant, stating whether the applicant has a familial, contractual, or employment relationship with, or shares vehicles, facilities, property, or employees with, a person who has been refused issuance or renewal of a certificate, or has had a certificate suspended or revoked, pursuant to section 103. . (B) Rebuttable presumption Section 103 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1813 ), as amended by this Act, is further amended by inserting after subsection (a) the following new subsection (and by redesignating the subsequent subsections accordingly): (b) (1) There shall be a rebuttable presumption that an applicant for issuance or renewal of a certificate is not the real party in interest in the application if the applicant— (A) is the immediate family member of any person who has been refused issuance or renewal of a certificate, or has had a certificate suspended or revoked; and (B) identifies a vehicle, facility, or real property under paragraph (2) or (3) of section 102 that has been previously listed by a person who has been refused issuance or renewal of a certificate, or has had a certificate suspended or revoked. (2) An applicant described in paragraph (1) bears the burden of demonstrating to the Secretary’s satisfaction that the applicant is the real party in interest in the application. . (d) Conforming amendment Section 3(8)(B) of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802(8)(B) ) is amended to read as follows: (B) The term migrant agricultural worker does not include any immediate family member of an agricultural employer or a farm labor contractor. . 205. Report on wage protections (a) In general Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Secretary of Labor and the Secretary of Agriculture shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that addresses— (1) whether, and the manner in which, the employment of H–2A workers in the United States has impacted the wages, working conditions, or job opportunities of United States farm workers; (2) whether, and the manner in which, the adverse effect wage rate increases or decreases wages on United States farms, broken down by geographic region and farm size; (3) whether any potential impact of the adverse effect wage rate varies based on the percentage of workers in a geographic region that are H–2A workers; (4) the degree to which the adverse effect wage rate is affected by the inclusion in wage surveys of piece rate compensation, bonus payments, and other pay incentives, and whether such forms of incentive compensation should be surveyed and reported separately from hourly base rates; (5) whether, and the manner in which, other factors may artificially affect the adverse effect wage rate, including factors that may be specific to a region, State, or region within a State; (6) whether, and the manner in which, the H–2A program affects the ability of United States farms to compete with agricultural commodities imported from outside the United States; (7) the number and percentage of farm workers in the United States whose incomes are below the poverty line; (8) whether alternative wage standards would be sufficient to prevent wages in occupations in which H–2A workers are employed from falling below the wage level that would have prevailed in the absence of the H–2A program; (9) whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage; and (10) recommendations for future wage protection for United States farm workers. (b) Interviews In gathering information for the report required by subsection (a), the Secretary of Labor and the Secretary of Agriculture shall interview equal numbers of representatives of agricultural employers and agricultural workers, both locally and nationally. 206. Portable H–2A visa pilot program (a) Establishment of pilot program (1) In general (A) Rulemaking Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall promulgate regulations establishing a 6-year pilot program to facilitate the free movement and employment of temporary or seasonal H–2A workers to perform agricultural labor or services for agricultural employers registered with the Secretary of Agriculture. (B) Program requirements Notwithstanding the requirements under section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ), the regulations promulgated pursuant to subparagraph (A) shall establish the requirements for the pilot program in accordance with subsection (b). (C) Defined terms In this section: (i) Portable H–2A worker The term portable H–2A worker means an H–2A worker described in subparagraph (A). (ii) Portable H–2A status The term portable H–2A status means the immigration status of a portable H–2A worker. (2) Online platform (A) Establishment The Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall establish and maintain an online electronic platform to connect portable H–2A workers with registered agricultural employers seeking workers to perform temporary or seasonal agricultural labor or services. (B) Posting of job opportunities Employers shall post information regarding available job opportunities on the platform established pursuant to subparagraph (A), which shall include— (i) a description of the nature and location of the work to be performed; (ii) the anticipated period or periods during which workers are needed; and (iii) the terms and conditions of employment. (C) Search criteria The platform established pursuant to subparagraph (A) shall allow portable H–2A workers to search for available job opportunities using relevant criteria, including the types of jobs needed to be filled and the dates and locations workers are needed by an employer. (3) Limitation Notwithstanding the issuance of the regulation described in paragraph (1), the Secretary of State may not issue a portable H–2A visa and the Secretary of Homeland Security may not confer portable H–2A status on any alien until the Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of Agriculture, determines that— (A) a sufficient number of employers have been designated as registered agricultural employers pursuant to subsection (b)(1); and (B) the employers referred to in subparagraph (A) have sufficient job opportunities to employ a reasonable number of portable H–2A workers to initiate the pilot program. (b) Pilot program elements (1) Registered agricultural employers (A) Designation Agricultural employers shall be provided the ability to seek designation as registered agricultural employers. Reasonable fees may be assessed commensurate with the cost of processing applications for designation. A designation shall be valid for a period of up to 3 years unless revoked for failure to comply with program requirements. Registered employers that comply with program requirements may apply to renew such designation for additional periods of up to 3 years for the duration of the pilot program established pursuant to subsection (a). (B) Limitations Registered agricultural employers— (i) may employ aliens with portable H–2A status without filing a petition; and (ii) shall pay such aliens not less than the wage required under section 218(d) of the Immigration and Nationality Act, as amended by section 202. (C) Workers’ compensation If a job opportunity is not covered by, or is exempt from, the applicable State workers’ compensation law, a registered agricultural employer shall provide to portable H–2A workers, at no cost to such workers, insurance covering injury and disease arising out of, and in the course of, the worker’s employment, which will provide benefits that are at least equal to the benefits provided under the applicable State workers’ compensation law. (2) Designated workers (A) In general Individuals who were previously admitted to the United States in H–2A status, and have maintained such status during the period of their admission, may apply for portable H–2A status. Portable H–2A workers shall be subject to the provisions regarding visa validity and periods of authorized stay and admission applicable to H–2A workers described in paragraphs (2) and (3) of section 218(j) of the Immigration and Nationality Act, as added by section 202. (B) Limitations on availability of portable H–2A status (i) Initial offer of employment required An alien may not be granted portable H–2A status without an initial valid offer of employment from a registered agricultural employer to perform temporary or agricultural labor or services. (ii) Numerical limitations (I) In general Subject to subclause (II), the total number of aliens who may simultaneously hold valid portable H–2A status may not exceed 10,000. (II) Further limitation The Secretary of Homeland Security may further limit the total number of aliens who may be granted portable H–2A status if the Secretary determines that there are an insufficient number of registered agricultural employers or job opportunities to support the employment of the number of portable H–2A workers authorized under subclause (I). (C) Scope of employment A portable H–2A worker, during the period of his or her admission, may perform temporary or seasonal agricultural labor or services for any employer in the United States that is designated as a registered agricultural employer pursuant to paragraph (1). An employment arrangement under this section may be terminated by the portable H–2A worker or the registered agricultural employer at any time. (D) Maintenance of status (i) Transfer to new employment If a portable H–2A worker desires to maintain portable H–2A status after the conclusion of such worker's employment with a registered agricultural employer, such worker shall secure new employment with another registered agricultural employer not later than 60 days after the last day of employment with the previous employer. (ii) Maintenance of status A portable H–2A worker who does not secure new employment with a registered agricultural employer during the 60-day period referred to in clause (i)— (I) shall be considered to have failed to maintain portable H–2A status; and (II) shall depart the United States or be subject to removal under section 237(a)(1)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(1)(C)(i) ). (3) Enforcement (A) In general The Secretary of Labor shall conduct investigations and random audits of employers to ensure compliance with the employment-related requirements under this section, in accordance with section 218(m) of the Immigration and Nationality Act, as added by section 202. (B) Penalties The Secretary of Labor is authorized to collect reasonable civil penalties for violations of this section, which may be expended by the Secretary for the administration and enforcement of this section. (4) Eligibility for services Section 305 of the Immigration Reform and Control Act of 1986 ( 8 U.S.C. 1101 note) is amended by striking other employment rights as provided in the worker’s specific contract under which the nonimmigrant was admitted and inserting employment-related rights . (c) Report Not later than 30 months after the commencement of the pilot program established pursuant to subsection (a), the Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes— (1) the number of employers designated as registered agricultural employers, disaggregated by geographic region, farm size, and the number of job opportunities offered by such employers; (2) the number of employers whose designation as a registered agricultural employer was revoked; (3) the number of individuals granted portable H–2A status during each fiscal year and the number of such individuals who maintained portable H–2A status during all or a portion of the 3-year period of the pilot program; (4) an assessment of the impact of the pilot program on the wages and working conditions of United States farm workers; (5) the results of a survey of individuals granted portable H–2A status that describes their experiences with and their feedback regarding the pilot program; (6) the results of a survey of registered agricultural employers that describes their experiences with and their feedback regarding the pilot program; (7) an assessment regarding whether the pilot program should be continued and any recommendations for improving the pilot program; and (8) findings and recommendations regarding effective recruitment mechanisms, including the use of new technology— (A) to match workers with employers; and (B) to ensure compliance with applicable labor and employment laws and regulations. 207. Improving access to permanent residence (a) Worldwide level Section 201(d)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d)(1)(A) ) is amended by striking 140,000 and inserting 200,000 . (b) Visas for farm workers Section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) is amended— (1) in paragraph (1) by striking 28.6 percent of such worldwide level and inserting 40,040 ; (2) in paragraph (2)(A) by striking 28.6 percent of such worldwide level and inserting 40,040 ; (3) in paragraph (3)— (A) in subparagraph (A)— (i) in the matter before clause (i), by striking 28.6 percent of such worldwide level and inserting 100,040 ; and (ii) by amending clause (iii) to read as follows: (iii) Other workers Other qualified immigrants who, at the time of petitioning for classification under this paragraph— (I) are capable of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States; or (II) can demonstrate employment in the United States as an H–2A nonimmigrant worker for at least 100 days in each of at least 10 years or for at least 1,000 days within the preceding 10-year period. ; (B) by amending subparagraph (B) to read as follows: (B) Visas allocated for other workers (i) In general Except as provided in clauses (ii) and (iii), 60,000 of the visas made available under this paragraph shall be reserved for qualified immigrants described in subparagraph (A)(iii). (ii) Preference for agricultural workers Subject to clause (iii), not fewer than 50,000 of the visas described in clause (i) shall be reserved for— (I) qualified immigrants described in subparagraph (A)(iii)(I) who will be performing agricultural labor or services in the United States; and (II) qualified immigrants described in subparagraph (A)(iii)(II). (iii) Exception If because of the application of clause (ii), the total number of visas available under this paragraph for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, clause (ii) shall not apply to visas under this paragraph during the remainder of such calendar quarter. (iv) No per country limits Visas described under clause (ii) shall be issued without regard to the numerical limitation under section 202(a)(2). ; and (C) by amending subparagraph (C) by striking An immigrant visa and inserting Except for qualified immigrants petitioning for classification under subparagraph (A)(iii)(II), an immigrant visa ; (4) in paragraph (4), by striking 7.1 percent of such worldwide level and inserting 9,940 ; and (5) in paragraph (5)(A), in the matter before clause (i), by striking 7.1 percent of such worldwide level and inserting 9,940 . (c) Western Hemisphere procedures The Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of State, may— (1) identify countries in the Western Hemisphere with large flows of migration outside of normal trade and travel routes to the United States; and (2) develop tools and resources and establish procedures to connect prospective workers described in section 203(b)(3)(A)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(3)(A)(iii) ) from such countries to United States employers seeking temporary workers to perform agricultural labor or services. (d) Petitioning procedure Section 204(a)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(E) ) is amended by inserting or 203(b)(3)(A)(iii)(II) after 203(b)(1)(A) . (e) Dual intent Section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ) is amended by striking section 101(a)(15)(H)(i) except subclause (b1) of such section and inserting clause (i), except subclause (b1), or (ii)(a) of section 101(a)(15)(H) . B Preservation and construction of farm worker housing 220. Short title This subtitle may be cited as the Strategy and Investment in Rural Housing Preservation Act of 2022 . 221. New farm worker housing Section 513(e) of the Housing Act of 1949 ( 42 U.S.C. 1483(e) ) is amended by adding at the end the following: (e) Funding for farm worker housing (1) Section 514 farm worker housing loans (A) Insurance authority The Secretary of Agriculture, to the extent approved in appropriation Acts, may insure loans under section 514 totaling not more than $20,000,000 during each of the fiscal years 2023 through 2032. (B) Authorization of appropriations There is authorized to be appropriated $75,000,000 for each of the fiscal years 2023 through 2032 for the cost (as such term is defined in section 502(5) of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a(5) )) of loans insured pursuant to subparagraph (A). (2) Section 516 grants for farmworker housing There is authorized to be appropriated $30,000,000 for each of the fiscal years 2023 through 2032 for financial assistance authorized under section 516. (3) Section 521 housing assistance There is authorized to be appropriated $26,800,000 for each of the fiscal years 2023 through 2032 for— (A) rental assistance agreements entered into or renewed pursuant to section 521(a)(2); or (B) agreements entered into in lieu of debt forgiveness or payments for eligible households authorized under section 502(c)(5)(D). (4) Administrative expenses There is authorized to be appropriated 5 percent of any amounts made available for the housing assistance program under this section for any fiscal year, which shall be used for administrative expenses for such program. . 222. Loan and grant limitations Section 514 of the Housing Act of 1949 ( 42 U.S.C. 1484 ) is amended by inserting after subsection (c) the following: (d) Per project limitations on assistance If the Secretary, in making available assistance in any area under this section or section 516, establishes a limitation on the amount of assistance available per project, the limitation on a grant or loan award per project shall not be less than $5,000,000. . 223. Operating assistance subsidies Section 521(a)(5) of the Housing Act of 1949 ( 42 U.S.C. 1490a(a)(5) ) is amended— (1) in subparagraph (A) by striking migrant farmworkers and inserting migrant farm workers or domestic farm labor legally admitted to the United States and authorized to work in agriculture ; (2) in subparagraph (B)— (A) by striking In any fiscal year and inserting the following: (i) Housing for migrant farm workers In any fiscal year ; (B) by inserting providing housing for migrant farm workers after any project ; and (C) by adding at the end the following: (ii) Housing for other farm labor The assistance provided under this paragraph in any fiscal year for any project providing housing for domestic farm labor legally admitted to the United States and authorized to work in agriculture may not exceed an amount equal to 50 percent of the operating costs for such project for such year, as determined by the Secretary. The owner of such project does not qualify for operating assistance unless the Secretary certifies that— (I) such project was unoccupied or underutilized before making units available to such farm labor; and (II) a grant under this section will not displace any farm worker who is a United States worker. ; and (3) in subparagraph (D)— (A) by redesignating clauses (i) and (ii) as clause (ii) and (iii), respectively; and (B) by inserting before clause (ii), as redesignated, the following: (iii) The term domestic farm labor has the meaning given such term in section 514(f)(3), except that subparagraph (A) of such section shall not apply for purposes of this paragraph. . 224. Rental assistance contract authority Section 521(d) of the Housing Act of 1949 ( 42 U.S.C. 1490a(d) ) is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (B) and (C) as paragraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) upon the request of an owner of a project financed under section 514 or 515, the Secretary is authorized to enter into renewal of such agreements for a period equal to the shorter of 20 years or the term of the loan, subject to amounts made available for such purpose in appropriations Acts; ; and (2) by adding at the end the following: (3) If any rental assistance contract authority becomes available because of the termination of assistance on behalf of an assisted family— (A) at the option of the owner of the rental project, the Secretary shall provide the owner a period of 6 months before such assistance is made available pursuant to subparagraph (B) during which the owner may use such assistance authority to provide assistance on behalf of an eligible unassisted family that— (i) is residing in the same rental project that the assisted family resided in prior to such termination; or (ii) newly occupies a dwelling unit in such rental project during such period; and (B) except for assistance used in accordance with subparagraph (A), the Secretary shall use such remaining authority to provide such assistance on behalf of eligible families residing in other rental projects originally financed under section 515 or under sections 514 and 516. . 225. Eligibility for rural housing vouchers Section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r ) is amended by adding at the end the following: (c) Eligibility of households in sections 514, 515, and 516 projects The Secretary, in consultation with the Under Secretary of Agriculture for Rural Development, may provide rural housing vouchers under this section for any low-income household (including households not receiving rental assistance) residing in a property financed with a loan made or insured under section 514 or 515 which has been prepaid without restrictions imposed by the Secretary pursuant to section 502(c)(5)(G)(ii)(I), has been foreclosed, or has matured after September 30, 2005, or residing in a property assisted under section 514 or 516 that is owned by a nonprofit organization or public agency. . 226. Permanent establishment of housing preservation and revitalization program Title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) is amended by adding at the end the following: 545. Housing preservation and revitalization program (a) Establishment The Secretary shall carry out a program that preserves and revitalizes multifamily rental housing projects financed under section 515 or under sections 514 and 516. (b) Notice of maturing loans (1) To owners The Secretary shall provide annual written notice to each owner of a property financed under section 515 or under sections 514 and 516 that will mature during the 4-year period beginning on the date on which such notice is provided. Such notice shall set forth— (A) the options and financial incentives that are available to facilitate the extension of the loan term; or (B) the option to decouple a rental assistance contract pursuant to subsection (f). (2) To tenants (A) In general Not later than 2 years before the date of maturity of a loan authorized under section 515 or under sections 514 and 516 for real property, the owner of such property who received a notice pursuant to paragraph (1) shall provide written notice to each household residing in such property to inform the household of— (i) the date of the loan maturity; (ii) the possible actions that may happen with respect to the property on or after such date; and (iii) how to protect their right to reside in federally assisted housing after such date. (B) Language Each notice provided under subparagraph (A)— (i) shall be written in plain English; and (ii) shall be translated to other languages if the relevant property is located in an area in which a significant number of residents speak such other languages. (C) Notice template Not later than 1 year after the date of the enactment of this Act, the Under Secretary of Agriculture for Rural Development, in consultation with the Secretary of Housing and Urban Development, should publish a template of a notice that owners may use to provide the information required under this paragraph to their tenants. (c) Loan restructuring Under the program carried out under this section, the Secretary may restructure such existing housing loans as the Secretary considers appropriate to ensure that such projects have sufficient resources to preserve the projects to provide safe and affordable housing for low-income residents and farm laborers by— (1) reducing or eliminating interest; (2) deferring loan payments; (3) subordinating, reducing, or reamortizing loan debt; and (4) providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary. (d) Renewal of rental assistance If the Secretary offers to restructure a loan pursuant to subsection (c), the Secretary shall offer to renew the rental assistance contract under section 521(a)(2) for a 20-year term, subject to annual appropriations, if the property owner agrees to bring the property up to such standards that will ensure its maintenance as decent, safe, and sanitary housing for the full term of the rental assistance contract. (e) Restrictive use agreements (1) Requirement As part of the preservation and revitalization agreement for a project, the Secretary shall obtain a restrictive use agreement that obligates the owner to operate the project in accordance with the provisions under this title. (2) Term (A) No extension of rental assistance contract Unless the Secretary enters into a 20-year extension of the rental assistance contract for the project, the term of the restrictive use agreement for the project shall be equal to the term of the restructured loan for the project. (B) Extension of rental assistance contract If the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be 20 years. (C) Termination The Secretary may terminate the 20-year use restrictive use agreement for a project before the end of its term if the 20-year rental assistance contract for the project with the owner is terminated at any time for reasons outside the owner’s control. (f) Decoupling of rental assistance (1) Renewal of rental assistance contract If the Secretary determines that a maturing loan for a project cannot reasonably be restructured in accordance with subsection (c) and the project was operating with rental assistance under section 521, the Secretary may renew the rental assistance contract, notwithstanding any provision of section 521, for a term, subject to annual appropriations, of at least 10 years but not more than 20 years. (2) Rents Any agreement to extend the term of the rental assistance contract under section 521 for a project shall obligate the owner to continue to maintain the project as decent, safe and sanitary housing and to operate the development in accordance with this title, except that rents shall be based on the lesser of— (A) the budget-based needs of the project; or (B) the operating cost adjustment factor as a payment standard as provided under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437 note). (g) Multifamily housing transfer technical assistance Under the program under this section, the Secretary may provide grants to qualified nonprofit organizations and public housing agencies to provide technical assistance, including financial and legal services, to borrowers under loans under this title for multifamily housing to facilitate the acquisition of such multifamily housing properties in areas where the Secretary determines there is a risk of loss of affordable housing. (h) Transfer of rental assistance After the loan or loans for a rental project originally financed under section 515 or both sections 514 and 516 have matured or have been prepaid and the owner has chosen not to restructure the loan pursuant to subsection (c), a tenant residing in such project shall have 18 months prior to loan maturation or prepayment to transfer the rental assistance assigned to the tenant’s unit to another rental project originally financed under section 515 or both sections 514 and 516, and the owner of the initial project may rent the tenant’s previous unit to a new tenant without income restrictions. (i) Administrative expenses Of any amounts made available for the program under this section for any fiscal year, the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program. (j) Authorization of appropriations There is authorized to be appropriated for the program under this section $100,000,000 for each of the fiscal years 2023 through 2027. . 227. Amount of voucher assistance Notwithstanding any other provision of law, the amount of the monthly assistance payment for the household on whose behalf a rural housing voucher is provided pursuant to section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r ), shall be determined in accordance with subsection (a) of such section 542. 228. Funding for multifamily technical improvements (a) Authorization of appropriations There is authorized to be appropriated to the Department of Agriculture $50,000,000 for fiscal year 2023, which shall be used to improve the technology of the Department of Agriculture that is used to process loans for multifamily housing and otherwise managing such housing. (b) Availability of funds The improvements authorized under subsection (a) shall be made during the 5-year period beginning upon the date that the amounts appropriated under such subsection are available. Such amounts shall remain available until the last day of such 5-year period. 229. Plan for preserving affordability of rental projects (a) Plan Not later than 6 months after the date of the enactment of this Act, the Secretary of Agriculture (referred to in this section as the Secretary ) shall submit a written plan to Congress for preserving the affordability for low-income families of rental projects for which loans were made under section 514 or 515 of the Housing Act of 1949 (42 U.S.C. 1484 and 1485) and avoiding the displacement of tenant households. Such plan shall— (1) set forth specific performance goals and measures; (2) set forth the specific actions and mechanisms by which such goals will be achieved; (3) set forth specific measurements by which progress towards achievement of each goal can be measured; (4) provide for detailed reporting on outcomes; and (5) include any legislative recommendations to assist in achievement of the goals under the plan. (b) Consultation (1) In general Not less frequently than quarterly, the Secretary shall consult with the individuals described in paragraph (2) to assist the Secretary— (A) in preserving the properties described in subsection (a) through the housing preservation and revitalization program authorized under section 545 of the Housing Act of 1949, as added by section 226; and (B) in implementing the plan required under subsection (a). (2) Consultees The individuals described in this paragraph are— (A) a State Director of Rural Development for the Department of Agriculture; (B) the Administrator for Rural Housing Service of the Department of Agriculture; (C) 2 representatives of for-profit developers or owners of multifamily rural rental housing; (D) 2 representatives of nonprofit developers or owners of multifamily rural rental housing; (E) 2 representatives of State housing finance agencies; (F) 2 representatives of tenants of multifamily rural rental housing; (G) 1 representative of a community development financial institution that is involved in preserving the affordability of housing assisted under sections 514, 515, and 516 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485, and 1486); (H) 1 representative of a nonprofit organization that operates nationally and has actively participated in the preservation of housing assisted by the Rural Housing Service by conducting research regarding, and providing financing and technical assistance for, preserving the affordability of such housing; (I) 1 representative of low-income housing tax credit investors; (J) 1 representative of regulated financial institutions that finance affordable multifamily rural rental housing developments; and (K) 2 representatives from nonprofit organizations representing farm workers, including one organization representing farm worker women. (3) Conduct of consultations In consulting with the individuals described in paragraph (2), the Secretary may request that such individuals— (A) assist the Rural Housing Service of the Department of Agriculture to improve estimates of the size, scope, and condition of the rental housing portfolio of the Service, including the time frames for maturity of mortgages and costs for preserving the portfolio as affordable housing; (B) review current policies and procedures of the Rural Housing Service regarding— (i) the preservation of affordable rental housing financed under sections 514, 515, 516, and 538 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485, 1486, and 1490); (ii) the housing preservation and revitalization program authorized under section 545 of such Act, as added by section 226; and (iii) the rental assistance program; (C) make recommendations regarding improvements and modifications to the policies and procedures referred to in subparagraph (B); and (D) provide ongoing review of Rural Housing Service program results. (4) Travel costs Any amounts made available for administrative costs of the Department of Agriculture may be used for costs of travel by individuals described in paragraph (2) to carry out the activities described in paragraph (3). 230. Covered housing programs Section 41411(a)(3) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(a)(3) ) is amended— (1) in subparagraph (O), by striking and at the end; (2) by redesignating subparagraph (P) as subparagraph (Q); and (3) by inserting after subparagraph (O) the following: (P) rural development housing voucher assistance provided by the Secretary of Agriculture pursuant to section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r ), without regard to subsection (b) of such section, and applicable appropriation Acts; and . 231. Eligibility of certified workers Section 214(a) of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a(a) ) is amended— (1) in paragraph (6), by striking or at the end; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following: (7) an alien granted certified agricultural worker or certified agricultural dependent status under title I of the Affordable and Secure Food Act of 2022 , but solely for financial assistance made available pursuant to section 521 or 542 of the Housing Act of 1949 (42 U.S.C. 1490a and 1490r); or . C Foreign Labor Recruiter Accountability 251. Definitions In this subtitle: (1) Foreign labor recruiter The term foreign labor recruiter means any person who performs foreign labor recruiting activity in exchange for money or other valuable consideration paid or promised to be paid, to recruit individuals to work as nonimmigrant workers described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ), including any person who performs foreign labor recruiting activity wholly outside of the United States. Such term does not include any entity of the United States Government or an employer, or employee of an employer, who engages in foreign labor recruiting activity solely to find employees for that employer’s own use, and without the participation of any other foreign labor recruiter. (2) Foreign labor recruiting activity The term foreign labor recruiting activity means recruiting, soliciting, or related activities with respect to an individual who resides outside of the United States in furtherance of employment in the United States, including when such activity occurs wholly outside of the United States. (3) Person The term person means any natural person or any corporation, company, firm, partnership, joint stock company or association or other organization or entity (whether organized under law or not), including municipal corporations. (4) Recruitment fees The term recruitment fees has the meaning given to such term under section 22.1702 of title 22 of the Code of Federal Regulations, as in effect on the date of enactment of this Act. 252. Registration of foreign labor recruiters (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of State and the Secretary of Homeland Security, shall establish procedures for the electronic registration of foreign labor recruiters engaged in the recruitment of nonimmigrant workers described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ) to perform agricultural labor or services in the United States. (b) Procedural requirements The procedures described in subsection (a) shall— (1) require the applicant to submit a sworn declaration— (A) stating the applicant’s permanent place of residence or principal place of business, as applicable; (B) describing the foreign labor recruiting activities in which the applicant is engaged; and (C) including such other relevant information as the Secretary of Labor and the Secretary of State may require; (2) include an expeditious means to update and renew registrations; (3) include a process, which shall include the placement of personnel at each United States diplomatic mission in accordance with subsection (g)(2), to receive information from the public regarding foreign labor recruiters who have allegedly engaged in a foreign labor recruiting activity that is prohibited under this subtitle; (4) include procedures for the receipt and processing of complaints against foreign labor recruiters and for remedies, including the revocation of a registration or the assessment of fines upon a determination by the Secretary of Labor that the foreign labor recruiter has violated the requirements under this subtitle; (5) require the applicant to post a bond in an amount sufficient to ensure the ability of the applicant to discharge its responsibilities and ensure protection of workers, including payment of wages; and (6) allow the Secretary of Labor and the Secretary of State to consult with other appropriate Federal agencies to determine whether any reason exists to deny registration to a foreign labor recruiter or revoke such registration. (c) Attestations Foreign labor recruiters registering under this subtitle shall attest and agree to abide by the following requirements: (1) Prohibited fees The foreign labor recruiter, including any agent or employee of such foreign labor recruiter, shall not assess any recruitment fees on a worker for any foreign labor recruiting activity. (2) Prohibition on false and misleading information The foreign labor recruiter shall not knowingly provide materially false or misleading information to any worker concerning any matter required to be disclosed under this subtitle. (3) Required disclosures The foreign labor recruiter shall ascertain and disclose to the worker in writing in English and in the primary language of the worker at the time of the worker’s recruitment, the following information: (A) The identity and address of the employer and the identity and address of the person conducting the recruiting on behalf of the employer, including each subcontractor or agent involved in such recruiting. (B) A copy of the approved job order or work contract under section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ), including all assurances and terms and conditions of employment. (C) A statement, in a form specified by the Secretary— (i) describing the general terms and conditions associated with obtaining an H–2A nonimmigrant visa and maintaining H–2A nonimmigrant status; (ii) affirming the prohibition on the assessment of fees described in paragraph (1), and explaining that such fees, if paid by the employer, may not be passed on to the worker; (iii) describing the protections afforded the worker under this subtitle, including procedures for reporting violations to the Secretary of State, filing a complaint with the Secretary of Labor, or filing a civil action; and (iv) describing the protections afforded the worker by section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375b ), including the telephone number for the national human trafficking resource center hotline number. (4) Bond The foreign labor recruiter shall agree to maintain a bond sufficient to ensure the ability of the foreign labor recruiter to discharge its responsibilities and ensure protection of workers, and to forfeit such bond in an amount determined by the Secretary under subsections (b)(1)(C)(ii) or (c)(2)(C) of section 253 for failure to comply with the provisions under this subtitle. (5) Cooperation in investigation The foreign labor recruiter shall agree to cooperate in any investigation under section 253 by the Secretary or other appropriate authorities. (6) No retaliation The foreign labor recruiter shall agree to refrain from intimidating, threatening, restraining, coercing, discharging, blacklisting or in any other manner discriminating or retaliating against any worker or their family members (including a former worker or an applicant for employment) because such worker disclosed information to any person based on a reason to believe that the foreign labor recruiter, or any agent or subcontractee of such foreign labor recruiter, is engaging or has engaged in a foreign labor recruiting activity that does not comply with this subtitle. (7) Employees, agents, and subcontractees The foreign labor recruiter shall consent to be liable for the conduct of any agents or subcontractees of any level in relation to the foreign labor recruiting activity of the agent or subcontractee to the same extent as if the foreign labor recruiter had engaged in such conduct. (8) Enforcement If the foreign labor recruiter is conducting foreign labor recruiting activity wholly outside the United States, such foreign labor recruiter shall— (A) establish a registered agent in the United States who is authorized to accept service of process on behalf of the foreign labor recruiter for the purpose of any administrative proceeding under this title or in any civil action in any Federal or State court, if such service is made in accordance with the appropriate Federal or State rules for service of process, as applicable; and (B) as a condition of registration, consent to the jurisdiction of any Federal or State court in a State where recruited workers are placed. (d) Term of registration Unless suspended or revoked, a registration under this section shall be valid for 2 years. (e) Application fee The Secretary of Labor shall require a foreign labor recruiter that submits an application for registration under this section to pay a reasonable fee, sufficient to cover the full costs of carrying out the registration activities under this subtitle. (f) Notification (1) Employer notification (A) In general Not less frequently than once every year, an employer of H–2A workers shall provide the Secretary with the names and addresses of all foreign labor recruiters engaged to perform foreign labor recruiting activity on behalf of the employer, whether the foreign labor recruiter is to receive any economic compensation for such services, and, if so, the identity of the person or entity who is paying for the services. (B) Agreement to cooperate In addition to the requirements of subparagraph (A), the employer shall— (i) provide to the Secretary the identity of any foreign labor recruiter whom the employer has reason to believe is engaging in foreign labor recruiting activities that do not comply with this subtitle; and (ii) promptly respond to any request by the Secretary for information regarding the identity of a foreign labor recruiter with whom the employer has a contract or other agreement. (2) Foreign labor recruiter notification A registered foreign labor recruiter shall notify the Secretary, not less frequently than once every year, of the identity of any subcontractee, agent, or foreign labor recruiter employee involved in any foreign labor recruiting activity for, or on behalf of, the foreign labor recruiter. (g) Additional responsibilities of the Secretary of State (1) Lists The Secretary of State, in consultation with the Secretary of Labor shall maintain and make publicly available in written form and on the websites of United States embassies in the official language of that country, and on websites maintained by the Secretary of Labor, regularly updated lists— (A) of foreign labor recruiters who hold valid registrations under this section, including— (i) the name and address of the foreign labor recruiter; (ii) the countries in which such recruiters conduct recruitment; (iii) the employers for whom recruiting is conducted; (iv) the occupations that are the subject of recruitment; (v) the States where recruited workers are employed; and (vi) the name and address of the registered agent in the United States who is authorized to accept service of process on behalf of the foreign labor recruiter; and (B) of foreign labor recruiters whose registration the Secretary has revoked. (2) Personnel The Secretary of State shall ensure that each United States diplomatic mission is staffed with a person who shall be responsible for receiving information from members of the public regarding potential violations of the requirements applicable to registered foreign labor recruiters and ensuring that such information is conveyed to the Secretary of Labor for evaluation and initiation of an enforcement action, if appropriate. (3) Visa application procedures The Secretary of State shall ensure that consular officers issuing visas to nonimmigrants under section 101(a)(1)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 11001(a)(1)(H)(ii)(a) )— (A) provide to and review with the applicant, in the applicant’s language (or a language the applicant understands), a copy of the information and resources pamphlet required by section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375b ); (B) ensure that the applicant has a copy of the approved job offer or work contract; (C) note in the visa application file whether the foreign labor recruiter has a valid registration under this section; and (D) if the foreign labor recruiter holds a valid registration, review and include in the visa application file, the foreign labor recruiter’s disclosures required by subsection (c)(3). (4) Data The Secretary of State shall make publicly available online, on an annual basis, data disclosing the gender, country of origin (and State, county, or province, if available), age, wage, level of training, and occupational classification, disaggregated by State, of nonimmigrant workers described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ). 253. Enforcement (a) Denial or revocation of registration (1) Grounds for denial or revocation The Secretary of Labor shall deny an application for registration, or revoke a registration, if the Secretary determines that the foreign labor recruiter, or any agent or subcontractee of such foreign labor recruiter— (A) knowingly made a material misrepresentation in the registration application; (B) materially failed to comply with one or more of the attestations provided under section 252(c); or (C) is not the real party in interest. (2) Notice Before denying an application for registration or revoking a registration under this subsection, the Secretary of Labor shall provide written notice of the intent to deny or revoke the registration to the foreign labor recruiter. Such notice shall— (A) articulate with specificity all grounds for denial or revocation; and (B) provide the foreign labor recruiter with not less than 60 days to respond. (3) Re-registration A foreign labor recruiter whose registration was revoked under subsection (a) may re-register if the foreign labor recruiter demonstrates, to the Secretary of Labor’s satisfaction, that the foreign labor recruiter— (A) has not violated any requirement under this subtitle during the 5-year period immediately preceding the date on which an application for registration was filed; and (B) has taken sufficient steps to prevent future violations of this subtitle. (b) Administrative enforcement (1) Complaint process (A) Filing A complaint may be filed with the Secretary of Labor, in accordance with the procedures established under section 252(b)(4) not later than 2 years after the earlier of— (i) the date on which the last action constituting the conduct that is the subject of the complaint took place; or (ii) the date on which the aggrieved party had actual knowledge of such conduct. (B) Decision and penalties If the Secretary of Labor determines, after notice and an opportunity for a hearing, that a foreign labor recruiter failed to comply with any of the requirements under this subtitle, the Secretary of Labor may— (i) levy a fine against the foreign labor recruiter in an amount not more than— (I) $10,000 per violation; and (II) $25,000 per violation, upon the third violation; (ii) order the forfeiture (or partial forfeiture) of the bond and release of as much of the bond as the Secretary determines is necessary for the worker to recover prohibited recruitment fees; (iii) refuse to issue or renew a registration, or revoke a registration; or (iv) disqualify the foreign labor recruiter from registration for a period of up to 5 years, or in the case of a subsequent finding involving willful or multiple material violations, permanently disqualify the foreign labor recruiter from registration. (2) Authority to ensure compliance The Secretary of Labor is authorized to take other such actions, including issuing subpoenas and seeking appropriate injunctive relief, as may be necessary to assure compliance with the terms and conditions of this subtitle. (3) Statutory construction Nothing in this subsection may be construed as limiting the authority of the Secretary of Labor to conduct an investigation— (A) under any other law, including any law affecting migrant and seasonal agricultural workers; or (B) in the absence of a complaint. (c) Civil action (1) In general The Secretary of Labor or any person aggrieved by a violation of this subtitle may bring a civil action against any foreign labor recruiter, or any employer that does not meet the requirements under subsection (d)(1), in any court of competent jurisdiction— (A) to seek remedial action, including injunctive relief; and (B) for damages in accordance with the provisions of this subsection. (2) Award for civil action filed by an individual (A) In general If a court finds, in a civil action filed by an individual under paragraph (1), that the defendant has violated any provision of this subtitle, the court may award— (i) damages, up to and including an amount equal to the amount of actual damages, and statutory damages of up to $1,000 per plaintiff per violation, or other equitable relief, except that with respect to statutory damages— (I) multiple infractions of a single provision of this subtitle (or of a regulation under this subtitle) shall constitute only one violation for purposes of this subsection to determine the amount of statutory damages due a plaintiff; and (II) if such complaint is certified as a class action the court may award— (aa) damages up to an amount equal to the amount of actual damages; and (bb) statutory damages of not more than the lesser of up to $1,000 per class member per violation, or up to $500,000; and other equitable relief; (ii) reasonable attorneys’ fees and costs; and (iii) such other and further relief as necessary to effectuate the purposes of this subtitle. (B) Criteria In determining the amount of statutory damages to be awarded under subparagraph (A), the court may consider whether an attempt was made to resolve the issues in dispute before the resort to litigation. (C) Bond To satisfy the damages, fees, and costs found owing under this paragraph, the Secretary shall release as much of the bond held pursuant to section 252(c)(4) as is necessary. (3) Sums recovered in actions by the secretary of labor (A) Establishment of account There is established in the general fund of the Treasury a separate account, which shall be known as the H–2A Foreign Labor Recruiter Compensation Account . Notwithstanding any other provisions of law, there shall be deposited, as offsetting receipts into such account, all sums recovered in an action by the Secretary of Labor under this subsection. (B) Use of funds Amounts deposited into the H–2A Foreign Labor Recruiter Compensation Account shall be paid directly to each worker affected by a violation under this subtitle. Any such sums not paid to a worker because of inability to do so within a period of 5 years following the date such funds are deposited into the account shall remain available to the Secretary until expended. The Secretary may transfer all or a portion of such remaining sums to appropriate agencies to support the enforcement of the laws prohibiting the trafficking and exploitation of persons or programs that aid trafficking victims. (d) Employer safe harbor (1) In general An employer that hires workers referred by a foreign labor recruiter with a valid registration at the time of hiring shall not be held jointly liable for a violation committed solely by a foreign labor recruiter under this subtitle— (A) in any administrative action initiated by the Secretary concerning such violation; or (B) in any Federal or State civil court action filed against the foreign labor recruiter by or on behalf of such workers or other aggrieved party under this subtitle. (2) Rule of construction Nothing in this subtitle may be construed to prohibit an aggrieved party or parties from bringing a civil action for violations of this subtitle or any other Federal or State law against any employer who hired workers referred by a foreign labor recruiter— (A) without a valid registration at the time of hire; or (B) with a valid registration if the employer knew or learned of the violation and failed to report such violation to the Secretary of Labor. (e) Parole To pursue relief If other immigration relief is not available, the Secretary of Homeland Security may grant parole to permit an individual to remain legally in the United States for time sufficient to fully and effectively participate in all legal proceedings related to any action taken pursuant to subsection (b) or (c) or section 202, 204, or 206. (f) Waiver of rights Agreements by employees purporting to waive or to modify their rights under this subtitle shall be void as contrary to public policy. (g) Liability for agents Foreign labor recruiters shall be subject to the provisions of this section for violations committed by the foreign labor recruiter’s agents or subcontractees of any level in relation to their foreign labor recruiting activity to the same extent as if the foreign labor recruiter had committed such a violation. 254. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary for the Secretary of Labor and the Secretary of State to carry out the provisions of this subtitle. III Electronic Verification of Employment Eligibility 301. Electronic employment eligibility verification system (a) In general Chapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. ) is amended by inserting after section 274D the following: 274E. Requirements for the electronic verification of employment eligibility (a) Employment eligibility verification system (1) In general The Secretary of Homeland Security (referred to in this section as the Secretary ) shall establish and administer an electronic verification system (referred to in this section as the System ), patterned on the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) (as in effect on the day before the effective date described in section 303(a)(4) of the Affordable and Secure Food Act of 2022 ), and using the employment eligibility confirmation system established under section 404 of such Act ( 8 U.S.C. 1324a note) (as so in effect) as a foundation, through which the Secretary shall— (A) respond to legitimate inquiries made by persons or entities seeking to verify the identity and employment authorization of individuals that such persons or entities have hired, or to recruit or refer for a fee, for employment in the United States; and (B) maintain records of the inquiries that were made, and of verifications provided (or not provided) to such persons or entities as evidence of compliance with the requirements of this section. (2) Initial response deadline (A) In general The System shall provide confirmation or a tentative nonconfirmation of an individual’s identity and employment authorization as soon as practicable, but not later than 3 calendar days after the initial inquiry. (B) Extension of time period If a person or other entity attempts in good faith to make an inquiry through the System during a period in which the System is offline due to a technical issue, a natural disaster, or another reason, the System shall provide the confirmation or nonconfirmation required under subparagraph (A) as soon as practicable after the System becomes fully operational. (3) General design and operation of system The Secretary shall design and operate the System— (A) using responsive web design and other technology approaches to maximize its ease of use and accessibility for users on a variety of electronic devices and screen sizes, and in remote locations; (B) to maximize the accuracy of responses to inquiries submitted by persons or entities; (C) to maximize the reliability of the System and to register each instance when the System is unable to receive inquiries; (D) to maintain and safeguard the privacy and security of the personally identifiable information maintained by or submitted to the System, in accordance with applicable law; (E) to provide direct notification of an inquiry to an individual with respect to whom the inquiry is made, including the results of such inquiry, and information related to the process for challenging the results, in cases in which the individual has established a user account as described in paragraph (4)(B) or an electronic mail or messaging address for the individual is submitted by the person or entity at the time the inquiry is made; and (F) to maintain appropriate administrative, technical, and physical safeguards to prevent misuse of the System and unfair immigration-related employment practices. (4) Measures to prevent identity theft and other forms of fraud To prevent identity theft and other forms of fraud, the Secretary shall design and operate the System with the following attributes: (A) Photo matching tool The System shall display a digital photograph of the individual, if available, that corresponds to the document presented by an individual to establish identity and employment authorization so that the person or entity that makes an inquiry can compare the photograph displayed by the System to the photograph on the document presented by the individual. The individual may not be deemed ineligible for employment solely for failure to match using the photo matching tool. The verification of an individual's employment eligibility shall be made based on the totality of the information available. (B) Individual monitoring and suspension of identifying information The System shall enable individuals to establish user accounts, after authentication of an individual’s identity, that would allow each individual— (i) to confirm the individual’s own employment authorization; (ii) to receive electronic notification when the individual’s Social Security account number or other personally identifying information has been submitted to the System; (iii) to monitor the use history of the individual’s personally identifying information in the System, including the identities of all persons or entities that have submitted such identifying information to the System, the date of each query run, and the System response for each query run; (iv) to suspend or limit the use of the individual’s Social Security account number or other personally identifying information for purposes of the System; and (v) to provide notice to the Department of Homeland Security of any suspected identity fraud or other improper use of personally identifying information. (C) Blocking misused social security account numbers (i) In general The Secretary, in consultation with the Commissioner of Social Security (referred to in this section as the Commissioner ), shall issue, after publication in the Federal Register and an opportunity for public comment, a final rule establishing a process by which Social Security account numbers that have been identified to be subject to unusual multiple use in the System or that are otherwise suspected or determined to have been compromised by identity fraud or other misuse, will be blocked from use in the System unless an individual using such a number establishes, through secure and fair procedures, that the individual is the legitimate holder of such number. (ii) Continuation of existing self lock system During the period in which the Commissioner of Social Security is developing the process required under clause (i), the Commissioner shall maintain the Self Lock system that permits individuals to prevent unauthorized users from using their Social Security account numbers to confirm employment authorization through E-Verify. (iii) Notice If the Secretary blocks or suspends a Social Security account number pursuant to this subparagraph, the Secretary shall provide notice to the persons or entities that have made inquiries to the System using such account number that the identity and employment authorization of the individual who provided such account number must be re-verified. (D) Additional identity authentication tool The Secretary shall develop additional security measures to adequately verify the identity of an individual whose identity may not be verified using the photo matching tool described in subparagraph (A). Such additional security measures shall be— (i) kept up to date with technological advances; (ii) designed to provide a high level of certainty with respect to identity authentication; and (iii) designed to safeguard the individual’s privacy and civil liberties. (E) Child-lock pilot program The Secretary, in consultation with the Commissioner, shall establish a reliable, secure program, on a limited, pilot basis, for suspending or limiting the use of the Social Security account number or other personally identifying information of children for purposes of the System. (5) Responsibilities of the commissioner of social security The Commissioner— (A) in consultation with the Secretary, shall establish a reliable, secure method that, within the periods specified in paragraph (2) and subsection (b)(4)(D)(i)(II), compares the name and Social Security account number provided in an inquiry against such information maintained by the Commissioner in order to validate (or not validate)— (i) the information provided by the person or entity with respect to an individual whose identity and employment authorization the person or entity seeks to confirm; (ii) the correspondence of the name and number; and (iii) whether the individual has presented a Social Security account number that is not valid for employment; (B) may not disclose or release Social Security information (other than such confirmation or nonconfirmation) under the System except as provided under this section; (C) shall coordinate and provide the Department of Homeland Security with access to the Social Security Administration's systems that are necessary to resolve tentative nonconfirmations without direct Social Security Administration involvement; and (D) shall establish electronic or call-in resolution systems. (6) Responsibilities of the secretary of homeland security (A) In general The Secretary shall establish a reliable, secure method that, within the time periods specified in paragraph (2) and subsection (b)(4)(D)(i)(II), compares the name and identification or other authorization number (or any other information determined relevant by the Secretary) that are provided in an inquiry against such information maintained or accessed by the Secretary in order to validate (or not validate)— (i) the information provided; (ii) the correspondence of the name and number; and (iii) whether the individual is authorized to be employed in the United States. (B) Training The Secretary shall provide and regularly update required training and training materials on the use of the System for persons and entities making inquiries. (C) Audit The Secretary shall provide for periodic auditing of the System to detect and prevent misuse, discrimination, fraud, and identity theft, to protect privacy and assess System accuracy, and to preserve the integrity and security of the information in the System. (D) Notice of System changes The Secretary shall provide appropriate notification to persons and entities registered in the System of any change made by the Secretary or the Commissioner related to permitted and prohibited documents, and use of the System. (7) Responsibilities of the secretary of state As part of the System, the Secretary of State shall— (A) provide to the Secretary with access to passport and visa information as needed to confirm that— (i) a passport or passport card presented under subsection (b)(3)(A)(i) confirms the employment authorization and identity of the individual presenting such document; (ii) a passport, passport card, or visa photograph matches the Secretary of State’s records; and (B) provide such assistance as the Secretary may request to resolve tentative nonconfirmations or final nonconfirmations relating to information described in subparagraph (A). (8) Updating information The Commissioner, the Secretary, and the Secretary of State shall— (A) update records in their custody in a manner that promotes maximum accuracy of the System; and (B) provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention through the tentative nonconfirmation review process under subsection (b)(4)(D). (9) Mandatory and voluntary system users (A) Mandatory users Except as otherwise provided under Federal or State law, including sections 302 and 303 of the Affordable and Secure Food Act of 2022 , nothing in this section may be construed to require the use of the System by any person or entity hiring, recruiting, or referring for a fee, an individual for employment in the United States. (B) Voluntary users Beginning after the date that is 30 days after the date on which final rules are published under section 309(a) of the Affordable and Secure Food Act of 2022 , a person or entity may use the System on a voluntary basis to seek verification of the identity and employment authorization of individuals who the person or entity is hiring, recruiting, or referring for a fee for employment in the United States. (C) Process for non-users The employment verification process for any person or entity hiring, recruiting, or referring for a fee, an individual for employment in the United States shall be governed by section 274A(b) unless the person or entity— (i) is required by Federal or State law to use the System; or (ii) has opted to use the System voluntarily in accordance with subparagraph (B). (10) No fee for use or inclusion The Secretary may not charge a fee to any individual, person, or entity to use the System or to be included in the System. (11) System safeguards (A) Requirement to develop The Secretary, in consultation with the Commissioner, the Secretary of State, and other appropriate Federal officials, shall— (i) develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the records accessed or maintained by the System; and (ii) develop and deploy appropriate privacy and security training for Federal employees accessing the records under the System. (B) Privacy audits (i) In general The Secretary, acting through the Chief Privacy Officer of the Department of Homeland Security, shall conduct regular privacy audits of the policies and procedures established pursuant to subparagraph (A), including— (I) any collection, use, dissemination, and maintenance of personally identifiable information; and (II) any associated information technology systems. (ii) Reviews The Chief Privacy Officer shall— (I) review the results of the audits conducted pursuant to clause (i); and (II) recommend to the Secretary any changes that may be necessary to improve the privacy protections of the System. (C) Privacy and accuracy certification The Inspector General of the Department of Homeland Security shall certify to the Secretary, the Committee on the Judiciary of the Senate , and the Committee on the Judiciary of the House of Representatives that— (i) the System appropriately protects the privacy and security of personally identifiable information and identifiers contained in the records accessed or maintained by the System; (ii) during 2 consecutive years beginning after the date of the enactment of the Affordable and Secure Food Act of 2022 , the System's error rate is not higher than the error rate of the System during the preceding year; and (iii) specific steps are being taken to continue to reduce such error rate. (D) Accuracy audits Beginning on November 30 of the fiscal year beginning after the fiscal year during which the certification was submitted pursuant to subparagraph (C), and annually thereafter, the Inspector General of the Department of Homeland Security shall submit a report to the Secretary, the Committee on the Judiciary of the Senate , and the Committee on the Judiciary of the House of Representatives that— (i) describes in detail— (I) the error rate of the System during the previous fiscal year; and (II) the methodology employed to prepare the report; and (ii) includes recommendations for how the System's error rate may be reduced. (b) New hires, recruitment, and referral Notwithstanding section 274A(b), the requirements referred to in paragraphs (1)(B) and (3) of section 274A(a) are, in the case of a person or entity that uses the System for the hiring, recruiting, or referring for a fee, an individual for employment in the United States, the following: (1) Individual attestation of employment authorization During the period beginning on the date on which an offer of employment is accepted and ending on the date of hire, the individual shall attest, under penalty of perjury on a form designated by the Secretary, that the individual is authorized to be employed in the United States by providing on such form— (A) the individual’s name and date of birth; (B) the individual’s Social Security account number (unless the individual has applied for and not yet been issued such a number); (C) whether the individual is— (i) a citizen or national of the United States; (ii) an alien lawfully admitted for permanent residence; or (iii) an alien who is otherwise authorized by the Secretary to be employed in the United States; and (D) if the individual does not attest to United States citizenship or nationality, such identification or other authorization number established by the Department of Homeland Security for the alien as the Secretary may specify. (2) Employer attestation after examination of documents Not later than 3 business days after the date of hire, the individual or entity shall attest, under penalty of perjury on the form designated under paragraph (1), the verification that the individual is not an unauthorized alien by— (A) obtaining from the individual the information described in paragraph (1) and recording such information on the form; (B) examining— (i) a document described in paragraph (3)(A); or (ii) a document described in paragraph (3)(B) and a document described in paragraph (3)(C); and (C) attesting that the information recorded on the form is consistent with the documents examined. (3) Acceptable documents (A) Documents establishing employment authorization and identity A document described in this subparagraph is an individual’s— (i) United States passport or passport card; (ii) permanent resident card that contains a photograph; (iii) foreign passport containing temporary evidence of lawful permanent residence in the form of an official I–551 (or successor) stamp from the Department of Homeland Security or a printed notation on a machine-readable immigrant visa; (iv) unexpired employment authorization document that contains a photograph; (v) in the case of a nonimmigrant alien authorized to engage in employment for a specific employer incident to status, a foreign passport with Form I–94, Form I–94A, or other documentation as designated by the Secretary specifying the alien’s nonimmigrant status as long as such status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation; (vi) passport from the Federated States of Micronesia or the Republic of the Marshall Islands with Form I–94, Form I–94A, or other documentation as designated by the Secretary, indicating nonimmigrant admission under the Compact of Free Association Between the United States and the Federated States of Micronesia or the Republic of the Marshall Islands; or (vii) another document designated by the Secretary, by notice published in the Federal Register, if the document— (I) contains a photograph of the individual, biometric identification data, and other personal identifying information relating to the individual; (II) is evidence of authorization for employment in the United States; and (III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. (B) Documents establishing identity A document described in this subparagraph is— (i) an individual’s driver’s license or identification card if the license or card— (I) was issued by a State or an outlying possession of the United States; (II) contains a photograph and personal identifying information relating to the individual; and (III) meets the requirements under section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13 ; 49 U.S.C. 30301 note) and complies with the travel rules under the Western Hemisphere Travel Initiative; (ii) an individual’s unexpired United States military identification card; (iii) an individual’s unexpired Native American tribal identification document issued by a tribal entity recognized by the Bureau of Indian Affairs; or (iv) a document establishing identity that the Secretary determines, by notice published in the Federal Register, to be acceptable for purposes of this subparagraph, if such documentation contains— (I) a photograph of the individual and other personal identifying information relating to the individual; and (II) security features to make it resistant to tampering, counterfeiting, and fraudulent use. (C) Documents establishing employment authorization A document described in this subparagraph is— (i) an individual’s Social Security account number card (other than such a card which specifies on its face that the issuance of the card does not authorize employment in the United States); or (ii) a document establishing employment authorization that the Secretary determines, by notice published in the Federal Register, to be acceptable for purposes of this subparagraph if such documentation contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. (D) Authority to prohibit use of certain documents If the Secretary determines that any document or class of documents described in subparagraph (A), (B), or (C) does not reliably establish identity or employment authorization or is being used fraudulently to an unacceptable degree, the Secretary, by notice published in the Federal Register, may prohibit or place conditions on the use of such document or class of documents for purposes of this section. (E) Authority to waive photograph requirement The Secretary, in the sole discretion of the Secretary, may confirm the identity of an individual who submits a document described in subparagraph (B)(iv) that does not contain a photograph of the individual under exceptional circumstances, including the individual's religious beliefs. (4) Use of the system to screen identity and employment authorization (A) In general A person or entity that uses the System for the hiring, recruiting, or referring for a fee an individual for employment in the United States, during the period described in subparagraph (B), shall submit an inquiry through the System to seek confirmation of the identity and employment authorization of the individual. (B) Confirmation period (i) In general Except as provided in clause (ii), and subject to subsection (d), the confirmation period shall begin on the date of hire and end on the date that is 3 business days after the date of hire, or such other reasonable period as the Secretary may prescribe. (ii) Special rule The confirmation period of an alien who is authorized to be employed in the United States and provides evidence from the Social Security Administration that the alien has applied for a Social Security account number shall end 3 business days after the alien receives such Social Security account number. (C) Confirmation A person or entity receiving confirmation of an individual’s identity and employment authorization shall record such confirmation on the form designated by the Secretary for purposes of paragraph (1). (D) Tentative nonconfirmation (i) In general In cases of tentative nonconfirmation, the Secretary, in consultation with the Commissioner, shall provide a process for— (I) an individual to contest the tentative nonconfirmation not later than 10 business days after the date of the receipt of the notice described in clause (ii); and (II) the Secretary to issue a confirmation or final nonconfirmation of an individual’s identity and employment authorization not later than 30 days after the Secretary receives notice from the individual contesting a tentative nonconfirmation. (ii) Notice Not later than 3 business days after receiving a tentative nonconfirmation of an individual’s identity or employment authorization in the System, a person or entity shall— (I) provide such individual with written notification— (aa) in a language understood by the individual; (bb) on a form designated by the Secretary; and (cc) that includes a description of the individual’s right to contest the tentative nonconfirmation; and (II) attest, under penalty of perjury, that the person or entity provided (or attempted to provide) such notice to the individual, who shall acknowledge receipt of such notice in a manner specified by the Secretary. (iii) No contest (I) In general A tentative nonconfirmation shall become final if, upon receiving the notice described in clause (ii), the individual— (aa) refuses to acknowledge receipt of such notice; (bb) acknowledges in writing, in a manner specified by the Secretary, that the individual will not contest the tentative nonconfirmation; or (cc) fails to contest the tentative nonconfirmation within the 10-business-day period beginning on the date the individual received such notice. (II) Record of no contest The person or entity shall— (aa) indicate in the System that the individual refused to acknowledge receipt of, or did not contest, the tentative nonconfirmation; and (bb) specify the reason that the tentative nonconfirmation became final under subclause (I). (III) Effect of failure to contest An individual’s failure to contest a tentative nonconfirmation shall not be considered an admission of any fact with respect to any violation of this Act or any other provision of law. (iv) Contest (I) In general An individual may contest a tentative nonconfirmation by using the tentative nonconfirmation review process under clause (i), not later than 10 business days after receiving the notice described in clause (ii). Except as provided in clause (iii), the nonconfirmation shall remain tentative until a confirmation or final nonconfirmation is provided by the System. (II) Prohibition on termination A person or entity may not terminate employment or take any adverse employment action against an individual for failure to obtain confirmation of the individual’s identity and employment authorization until the person or entity receives a notice of final nonconfirmation from the System. Nothing in this subclause may be construed to prohibit an employer from terminating the employment of the individual for any other lawful reason. (III) Confirmation or final nonconfirmation The Secretary, in consultation with the Commissioner, shall issue notice of a confirmation or final nonconfirmation of the individual’s identity and employment authorization not later than 30 days after the date on which the Secretary receives notice from the individual contesting the tentative nonconfirmation. (IV) Continuance If the relevant data needed to confirm the identity of an individual is not maintained by the Department of Homeland Security, the Social Security Administration, or the Department of State, or if the employee is unable to contact the Department of Homeland Security or the Social Security Administration, the Secretary, in the sole discretion of the Secretary, may place the case in continuance. (E) Final nonconfirmation (i) Notice If a person or entity receives a final nonconfirmation of an individual’s identity or employment authorization, the person or entity, not later than 5 business days after receiving such final nonconfirmation, shall— (I) notify such individual of the final nonconfirmation in writing, on a form designated by the Secretary, which shall include information regarding the individual’s right to appeal the final nonconfirmation in accordance with subparagraph (F); and (II) attest, under penalty of perjury, that the person or entity provided (or attempted to provide) the notice to the individual, who shall acknowledge receipt of such notice in a manner designated by the Secretary. (ii) Termination or notification of continued employment If a person or entity receives a final nonconfirmation regarding an individual, the person or entity may terminate employment of the individual. If the person or entity does not terminate such employment pending appeal of the final nonconfirmation, the person or entity shall notify the Secretary of such fact through the System. Failure to notify the Secretary in accordance with this clause shall be deemed a violation of section 274A(a)(1)(A). (iii) Presumption of violation for continued employment If a person or entity continues to employ an individual after receipt of a final nonconfirmation, and an appeal of the nonconfirmation is not pending, there shall be a rebuttable presumption that the person or entity has violated paragraphs (1)(A) and (2) of section 274A(a). (F) Appeal of final nonconfirmation (i) Administrative appeal The Secretary, in consultation with the Commissioner and the Assistant Attorney General for Civil Rights, shall develop a process by which an individual may seek administrative review of a final nonconfirmation. Such process shall— (I) permit the individual to submit additional evidence establishing identity or employment authorization; (II) ensure prompt resolution of an appeal, including a response to the appeal in all circumstances within 60 days; and (III) permit the Secretary to impose a civil money penalty equal to not more than $500 on any individual who files a frivolous appeal or files an appeal for purposes of delay. (ii) Compensation for lost wages resulting from government error or omission (I) In general If, upon consideration of an appeal of a final nonconfirmation, the Secretary determines that the final nonconfirmation was issued in error, the Secretary shall further determine whether the final nonconfirmation was the result of government error or omission. If the Secretary determines that the final nonconfirmation was solely the result of Government error or omission and the individual was terminated from employment, the Secretary shall compensate the individual for lost wages. (II) Calculation of lost wages Lost wages shall be calculated based on the wage rate and work schedule that were in effect prior to the individual’s termination. The individual shall be compensated for lost wages beginning on the first scheduled work day after employment was terminated and ending 90 days after completion of the administrative review process described in this subparagraph or the day the individual is reinstated or obtains other employment, whichever occurs first. (III) Limitation on compensation Compensation for lost wages may not be awarded for any period during which the individual was not authorized for employment in the United States. (IV) Source of funds There is established in the general fund of the Treasury, a separate account, which shall be known as the Electronic Verification Compensation Account . Monetary penalties collected pursuant to subsections (f) and (g) shall be deposited in the Electronic Verification Compensation Account and shall remain available for purposes of providing compensation for lost wages under this clause. (iii) Judicial review Not later than 30 days after the dismissal of an appeal under this subparagraph, an individual may seek judicial review of such dismissal in the United States District Court in the jurisdiction in which the employer resides or conducts business. (5) Retention of verification records (A) In general After completing the form designated by the Secretary under paragraph (1) with respect to an individual, a person or entity shall retain such form in paper, microfiche, microfilm, electronic, or other format deemed acceptable by the Secretary, and make such form available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during the period beginning on the date the verification is completed and ending on the later of— (i) the date that is 3 years after the date hire; or (ii) the date that is 1 year after the date on which such individual’s employment is terminated. (B) Copying of documentation permitted Notwithstanding any other provision of law, a person or entity may, for the purpose of complying with the requirements under this section— (i) copy a document presented by an individual pursuant to this subsection; and (ii) retain such copy. (c) Reverification of previously hired individuals (1) Mandatory reverification A person or entity that uses the System for the hiring, recruiting, or referring for a fee an individual for employment in the United States shall submit an inquiry through the System to verify the identity and employment authorization of— (A) an individual with a limited period of employment authorization, when such employment authorization expires; (B) an individual, not later than 10 days after receiving a notification from the Secretary requiring the verification of such individual pursuant to subsection (a)(4)(C); and (C) an individual employed by an employer required to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) by reason of any Federal, State, or local law, Executive order, rule, regulation, or delegation of authority, including employers required to participate in such program by reason of Federal acquisition laws (and regulations promulgated under such laws, including the Federal Acquisition Regulation). (2) Reverification procedures The verification procedures under subsection (b) shall apply to reverifications under this subsection, except that employers shall— (A) use a form designated by the Secretary for purposes of this paragraph; and (B) retain the form in paper, microfiche, microfilm, electronic, or other format approved by the Secretary, and make the form available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during the period beginning on the date the reverification commences and ending on the later of— (i) the date that is 3 years after the date of reverification; or (ii) the date that is 1 year after the date on which the individual’s employment is terminated. (d) Good faith compliance (1) In general Except as otherwise provided in this subsection, a person or entity that uses the System is considered to have complied with the requirements under this section notwithstanding a technical failure of the System, or other technical or procedural failure to meet such requirement if there was a good faith attempt to comply with such requirement. (2) Exception for failure to correct after notice Paragraph (1) shall not apply if— (A) the failure of the person or entity to meet a requirement under this section is not de minimis; (B) the Secretary has provided notice to the person or entity of such failure, including an explanation as to why such failure is not de minimis; (C) the person or entity has been provided a period of not less than 30 days (beginning after the date of the notice) to correct such failure; and (D) the person or entity has not corrected such failure voluntarily within such period. (3) Exception for pattern or practice violators Paragraph (1) shall not apply to a person or entity that has engaged or is engaging in a pattern or practice of violations of paragraph (1)(A) or (2) of section 274A(a). (4) Defense A person or entity that uses the System for the hiring, recruiting, or referring for a fee an individual for employment in the United States— (A) shall not be liable to a job applicant, an employee, the Federal Government, or a State or local government, under Federal, State, or local criminal or civil law, for any employment-related action taken with respect to an employee in good-faith reliance on information provided by the System; and (B) shall be deemed to have established compliance with its obligations under this section, absent a showing by the Secretary, by clear and convincing evidence, that the employer had knowledge that an employee is an unauthorized alien. (e) Limitations (1) No national identification card Nothing in this section may be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. (2) Use of records Notwithstanding any other provision of law, nothing in this section may be construed to permit or allow any department, bureau, or other agency of the United States Government to utilize any information, database, or other records assembled under this section for any purpose other than the verification of identity and employment authorization of an individual or to ensure the secure, appropriate, and non-discriminatory use of the System. (f) Penalties (1) In general Except as otherwise provided in this subsection, the provisions of subsections (e) through (g) of section 274A shall apply with respect to compliance with the provisions under this section and penalties for noncompliance for persons or entities that use the System. (2) Cease and desist order with civil money penalties for hiring, recruiting, and referral violations Notwithstanding the civil money penalties set forth in section 274A(e)(4), with respect to a violation of paragraph (1)(A) or (2) of section 274A(a) by a person or entity that is subject to the provisions under this section that has hired, recruited, or referred for a fee, an individual for employment in the United States, a cease and desist order— (A) shall require the person or entity to pay a civil penalty in an amount, subject to subsection (d), that is equal to— (i) not less than $2,500 and not more than $5,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred; (ii) not less than $5,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to 1 order under this paragraph; or (iii) not less than $10,000 and not more than $25,000 for each such alien in the case of a person or entity previously subject to more than 1 order under this paragraph; and (B) may require the person or entity to take other appropriate remedial action. (3) Order for civil money penalty for verification violations Notwithstanding paragraphs (4) and (5) of section 274A(e) and any other Federal law relating to civil monetary penalties, any person or entity that is required to comply with the provisions of this section that violates section 274A(a)(1)(B) shall be required to pay a civil penalty in an amount, subject to paragraphs (5), (6), and (7), that is equal to not less than $1,000 and not more than $25,000 for each individual with respect to whom such violation occurred. (4) System use violation Failure by a person or entity to utilize the System as required by law or providing information to the System that the person or entity knows or reasonably believes to be false, shall be treated as a violation of section 274A(a)(1)(A). (5) Exemption from penalty for good faith violation (A) In general A person or entity that uses the System is presumed to have acted with knowledge for purposes of paragraphs (1)(A) and (2) of section 274A(a) if the person or entity fails to make an inquiry to verify the identity and employment authorization of the individual through the System. (B) Good faith exemption In the case of imposition of a civil penalty under paragraph (2)(A) with respect to a violation of paragraph (1)(A) or (2) of section 274A(a) for hiring or continuation of employment or recruitment or referral by a person or entity, and in the case of imposition of a civil penalty under paragraph (3) for a violation of section 274A(a)(1)(B) for hiring or recruitment or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the person or entity establishes that the person or entity acted in good faith. (6) Penalty adjustment factors For purposes of paragraphs (2)(A) and (3), when assessing the level of civil money penalties for a particular case, in addition to the good faith of the person or entity being charged, due consideration shall be given to factors such as the size of the business, the seriousness of the violation, whether or not the individual was an unauthorized alien, and the history of previous violations, which factors may be aggravating, mitigating, or neutral depending on the facts of each case. (7) Criminal penalty Notwithstanding section 274A(f)(1) and the provisions of any other Federal law relating to fine levels, any person or entity required to comply with the provisions under this section that engages in a pattern or practice of violations of paragraph (1) or (2) of section 274A(a)— (A) shall be fined not more than $5,000 for each unauthorized alien with respect to whom such a violation occurs; (B) shall be imprisoned for not more than 18 months; or (C) shall be subject to the fine under subparagraph (A) and imprisonment under subparagraph (B). (8) Electronic verification compensation account Civil money penalties collected pursuant to this subsection shall be deposited in the Electronic Verification Compensation Account for the purpose of compensating individuals for lost wages as a result of a final nonconfirmation issued by the System that was based on government error or omission, in accordance with subsection (b)(4)(F)(ii)(IV). (9) Debarment (A) In general If the Secretary determines that a person or entity is a repeat violator of paragraph (1)(A) or (2) of section 274A(a) or has been convicted of a crime under section 274A, such person or entity may be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. (B) No contract, grant, agreement If the Secretary or the Attorney General determines that a person or entity should be considered for debarment under this paragraph, and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Secretary or the Attorney General shall refer the matter to the Administrator of General Services to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, and if so, for what duration and under what scope. (C) Contract, grant, agreement If the Secretary or the Attorney General determines that a person or entity should be considered for debarment under this paragraph, and such person or entity holds a Federal contract, grant, or cooperative agreement, the Secretary or the Attorney General— (i) shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government’s interest in having such person or entity considered for debarment; and (ii) after soliciting and considering the views of all such agencies and departments, may refer the matter to the appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, and if so, for what duration and under what scope. (D) Review Any decision to debar a person or entity in accordance with this subsection shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation. (10) Preemption This section preempts any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, relating to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens, except that a State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the System as required under this section. (g) Unfair immigration-Related employment practices and the System (1) In general In addition to the prohibitions on discrimination set forth in section 274B, it is an unfair immigration-related employment practice for a person or entity, in the course of utilizing the System— (A) to use the System for screening an applicant before the date of hire; (B) to terminate the employment of an individual or take any adverse employment action with respect to that individual due to a tentative nonconfirmation issued by the System; (C) to use the System to screen any individual for any purpose other than confirmation of identity and employment authorization in accordance with this section; (D) to use the System to verify the identity and employment authorization of a current employee, including an employee continuing in employment, other than for purposes of reverification authorized under subsection (c); (E) to use the System to discriminate based on national origin or citizenship status; (F) to willfully fail to provide an individual with any notice required under this chapter; (G) to require an individual to make an inquiry under the self-verification procedures described in subsection (a)(4)(B) or to provide the results of such an inquiry as a condition of employment, or hiring, recruiting, or referring; or (H) to terminate the employment of an individual or take any adverse employment action with respect to that individual based upon the need to verify the identity and employment authorization of the individual in accordance with subsection (b). (2) Preemployment screening and background check Nothing in paragraph (1)(A) may be construed to preclude a preemployment screening or background check that is required or permitted under any other provision of law. (3) Civil money penalties for unfair immigration-related employment practices involving system misuse Notwithstanding section 274B(g)(2)(B)(iv), the penalties that may be imposed by an administrative law judge with respect to a finding that a person or entity has engaged in an unfair immigration-related employment practice described in paragraph (1) are— (A) not less than $1,000 and not more than $4,000 for each aggrieved individual; (B) in the case of a person or entity previously subject to a single order under this paragraph, not less than $4,000 and not more than $10,000 for each aggrieved individual; and (C) in the case of a person or entity previously subject to more than 1 order under this paragraph, not less than $6,000 and not more than $20,000 for each aggrieved individual. (4) Electronic verification compensation account (A) Use of civil monetary penalties Civil money penalties collected under this subsection shall be deposited into the Electronic Verification Compensation Account for the purpose of compensating individuals for lost wages as a result of a final nonconfirmation issued by the System that was based on a Government error or omission described in subsection (b)(4)(F)(ii)(IV). (B) Alternative use of funds Any amounts deposited into the Electronic Verification Compensation Account pursuant to subparagraph (A) that are not used within 5 years to compensate individuals under such subparagraph shall be made available to the Secretary and the Attorney General to provide education to employers and employees regarding the requirements, obligations, and rights under the System. (h) Clarification All rights and remedies provided under any Federal, State, or local law relating to workplace rights, including back pay, are available to an employee despite— (1) the employee’s status as an unauthorized alien during or after the period of employment; or (2) the employer’s or employee’s failure to comply with the requirements under this section. (i) Defined term In this section, the term date of hire means the date on which employment for pay or other remuneration commences. . (b) Conforming amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 note) is amended by inserting after the item relating to section 274D the following: Sec. 274E. Requirements for the electronic verification of employment eligibility. . 302. Mandatory electronic verification for the agricultural industry (a) Defined term In this section, the term agricultural employment means agricultural labor or services (as defined in section 101(a)(15)(H)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii) ). (b) In general The requirements for the electronic verification of identity and employment authorization described in section 274E of the Immigration and Nationality Act, as added by section 301, shall apply to a person or entity hiring, recruiting, or referring for a fee an individual for agricultural employment in the United States in accordance with the effective dates set forth in subsection (c). (c) Effective dates (1) Hiring The requirements described in subsection (b) shall apply to a person or entity hiring an individual for agricultural employment in the United States— (A) with respect to employers that, on the date of the enactment of this Act, have 500 or more employees in the United States, beginning on the later of— (i) the date that is 6 months after the date on which the Secretary of Homeland Security makes the certification required under section 274E(a)(11) of the Immigration and Nationality Act, as added by section 301(a); or (ii) 6 years after the date of the enactment of this Act; (B) with respect to employers that, on the date of the enactment of this Act, have 100 or more employees in the United States, but fewer than 500 such employees, beginning on the date that is 3 months after the date on which such requirements are applicable to employers described in subparagraph (A); (C) with respect to employers that, on the date of the enactment of this Act, have 20 or more employees in the United States, but fewer than 100 such employees, beginning on the date that is 6 months after the date on which such requirements are applicable to employers described in subparagraph (A); and (D) with respect to employers that, on the date of the enactment of this Act, have fewer than 20 employees in the United States, beginning on the date that is 9 months after the date on which such requirements are applicable to employers described in subparagraph (A). (2) Recruiting and referring for a fee The requirements under subsection (b) shall apply to any person or entity recruiting or referring for a fee an individual for agricultural employment in the United States on the date that is 1 year after the completion of the application period described in section 101(c). (3) Transition rule Except as required under subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), as in effect on the day before the effective date described in section 303(a)(4), Executive Order 13465 ( 8 U.S.C. 1324a note; relating to Government procurement), or any State law requiring persons or entities to use the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), as in effect on the day before such effective date, sections 274A and 274B of the Immigration and Nationality Act (8 U.S.C. 1324a and 1324b) shall apply to a person or entity hiring, recruiting, or referring an individual for employment in the United States until the applicable effective date under this subsection. (4) E-Verify voluntary users and others desiring early compliance Nothing in this subsection may be construed to prohibit persons or entities, including persons or entities that have voluntarily elected to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), as in effect on the day before the effective date described in section 303(a)(4), from seeking early compliance on a voluntary basis. (5) Delayed implementation The Secretary of Homeland Security, in consultation with the Secretary of Agriculture, may delay the effective dates described in paragraphs (1) and (2) for a period not to exceed 180 days if the Secretary determines, based on the most recent report described in section 133 and other relevant data, that a significant number of applications under section 101 remain pending. (d) Rural access to assistance for tentative nonconfirmation review process (1) In general The Secretary of Homeland Security, in coordination with the Secretary of Agriculture, and in consultation with the Commissioner of Social Security, shall create a process for individuals to seek assistance in contesting a tentative nonconfirmation (as described in section 274E(b)(4)(D) of the Immigration and Nationality Act, as added by section 301(a), at local offices or service centers of the Department of Agriculture. (2) Staffing and resources The Secretary of Homeland Security and the Secretary of Agriculture shall ensure that local offices and service centers of the Department of Agriculture are staffed appropriately and have the resources necessary to provide information and support to individuals seeking the assistance described in paragraph (1), including by facilitating communication between such individuals and the Department of Homeland Security or the Social Security Administration. (3) Rule of construction Nothing in this subsection may be construed to delegate authority or transfer responsibility for reviewing and resolving tentative nonconfirmations from the Secretary of Homeland Security and the Commissioner of Social Security to the Secretary of Agriculture. (e) Document establishing employment authorization and identity In accordance with section 274E(b)(3)(A)(vii) of the Immigration and Nationality Act, as added by section 301(a), and not later than 1 year after the completion of the application period described in section 101(c), the Secretary of Homeland Security shall recognize documentary evidence of certified agricultural worker status described in section 102(a)(2) as valid proof of employment authorization and identity for purposes of section 274E(b)(3)(A) of such Act. 303. Coordination with E-Verify Program (a) Repeal (1) In general Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) is repealed. (2) Clerical amendment The table of sections, in section 1(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, is amended by striking the items relating to subtitle A of title IV. (3) References Any reference in any Federal, State, or local law, Executive order, rule, regulation, or delegation of authority, or any document of, or pertaining to, the Department of Homeland Security, Department of Justice, or the Social Security Administration, to the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), or to the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), is deemed to refer to the employment eligibility confirmation system established under section 274E of the Immigration and Nationality Act, as added by section 301(a). (4) Effective date This subsection, and the amendments made by this subsection, shall take effect on the date that is 30 days after the date on which final rules are published pursuant to section 309(a). (b) Former E-Verify mandatory users, including Federal contractors Beginning on the effective date set forth in subsection (a)(4), the Secretary of Homeland Security shall require employers required to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) by reason of any Federal, State, or local law, Executive order, rule, regulation, or delegation of authority, including employers required to participate in such program by reason of Federal acquisition laws (and regulations promulgated under those laws, including the Federal Acquisition Regulation), to comply with the requirements under section 274E of the Immigration and Nationality Act, as added by section 301(a) (and any additional requirements of such Federal acquisition laws and regulation) instead of any requirement to participate in the E-Verify Program. (c) Former E-Verify voluntary users Beginning on the effective date set forth in subsection (a)(4), the Secretary of Homeland Security shall provide for the voluntary compliance with the requirements under section 274E of the Immigration and Nationality Act, as added by section 301(a), by employers voluntarily electing to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) before such effective date. 304. Fraud and misuse of documents Section 1546(b) of title 18, United States Code, is amended— (1) in paragraph (1), by striking identification document, and inserting identification document or document intended to establish employment authorization, ; (2) in paragraph (2), by striking identification document and inserting identification document or document intended to establish employment authorization, ; and (3) in the undesignated matter following paragraph (3) by striking of section 274A(b) and inserting under section 274A(b) or 274E(b) . 305. Technical and conforming amendments (a) Unlawful employment of aliens Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) is amended— (1) in subsection (a)(1)(B)— (A) by striking subsection (b) or (ii) and inserting the following: subsection (b); or (ii) ; and (B) in clause (ii), by striking subsection (b). and inserting section 274E. ; and (2) in subsection (b), in the matter preceding paragraph (1), by striking The requirements referred and inserting Except as provided in section 274E, the requirements referred . (b) Unfair immigration-Related employment practices Section 274B(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(a) ) is amended— (1) in paragraph (1)(B), by striking in the case of a protected individual (as defined in paragraph (3)), ; (2) by striking paragraph (3); and (3) by inserting after paragraph (2) the following: (3) Misuse of verification system It is an unfair immigration-related employment practice for a person or other entity to misuse the verification system as described in section 274E(g). . 306. Protection of Social Security Administration programs (a) Funding under agreement Effective for all fiscal years beginning on or after October 1, 2023, the Commissioner of Social Security and the Secretary of Homeland Security shall ensure that an agreement is in place that— (1) provides funds to the Commissioner for the full costs of the responsibilities of the Commissioner with respect to employment eligibility verification, including responsibilities described in this title and in the amendments made by this title, such as— (A) acquiring, installing, and maintaining technological equipment and systems necessary for the fulfillment of such responsibilities, but only that portion of such costs that are attributable exclusively to such responsibilities; and (B) responding to individuals who contest a tentative nonconfirmation or administratively appeal a final nonconfirmation provided with respect to employment eligibility verification; (2) provides the funds required under paragraph (1) annually in advance of the applicable quarter based on an estimating methodology agreed to by the Commissioner and the Secretary (except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments); and (3) requires an annual accounting and reconciliation of the actual costs incurred and the funds provided under such agreement, which shall be reviewed by the Inspector General of the Social Security Administration and the Inspector General of the Department of Homeland Security. (b) Continuation of employment verification in absence of timely agreement (1) In general In any case in which the agreement required under subsection (a) for any fiscal year beginning on or after October 1, 2023, has not been reached as of October 1 of such fiscal year, the latest agreement described in such subsection shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under subsection (a) is subsequently reached, except that the terms of such interim agreement shall be modified to adjust for inflation and any increase or decrease in the volume of requests under the employment eligibility verification system. (2) Notification requirements (A) In general Not later than October 1 of any fiscal year during which an interim agreement applies under paragraph (1), the Commissioner and the Secretary shall notify the Committee on Finance of the Senate , the Committee on the Judiciary of the Senate , the Committee on Appropriations of the Senate , the Committee on Ways and Means of the House of Representatives , the Committee on the Judiciary of the House of Representatives , and the Committee on Appropriations of the House of Representatives of the failure to reach the agreement required under subsection (a) for such fiscal year. (B) Quarterly notifications Until the agreement required under subsection (a) has been reached for a fiscal year, the Commissioner and the Secretary, not later than the end of each 90-day period after October 1 of such fiscal year, shall notify the congressional committees referred to in subparagraph (A) of the status of negotiations between the Commissioner and the Secretary in order to reach such an agreement. 307. Report on the implementation of the electronic employment verification system Not later than 2 years after the date on which final rules are published pursuant to section 309(a), and annually thereafter, the Secretary of Homeland Security and the Attorney General shall jointly submit a report to Congress that includes— (1) an assessment of the accuracy rates of the responses of the electronic employment verification system established under section 274E of the Immigration and Nationality Act, as added by section 301(a) (referred to in this section and section 308 as the System ), including tentative and final nonconfirmation notices issued to employment-authorized individuals and confirmation notices issued to individuals who are not employment-authorized; (2) an assessment of any challenges faced by persons or entities (including small employers) in utilizing the System; (3) an assessment of any challenges faced by employment-authorized individuals who are issued tentative or final nonconfirmation notices; (4) an assessment of the incidence of unfair immigration-related employment practices described in section 274E(g) of the Immigration and Nationality Act, related to the use of the System; (5) an assessment of the photo matching and other identity authentication tools described in section 274E(a)(4) of the Immigration and Nationality Act, including— (A) the accuracy rates of such tools; (B) the effectiveness of such tools at preventing identity fraud and other misuse of identifying information; (C) any challenges faced by persons, entities, or individuals utilizing such tools; (D) operation and maintenance costs associated with such tools; and (E) the privacy and civil liberties safeguards associated with such tools; (6) a summary of the activities and findings of the U.S. Citizenship and Immigration Services E-Verify Monitoring and Compliance Branch (referred to in this paragraph as the Branch ), or any successor office, including— (A) the number, types and outcomes of audits, internal reviews, and other compliance activities initiated by the Branch in the previous year; (B) the capacity of the Branch to detect and prevent violations of section 274E(g) of the Immigration and Nationality Act; and (C) an assessment of the degree to which persons and entities misuse the System, including— (i) using the System before an individual’s date of hire; (ii) failing to provide required notifications to individuals; (iii) using the System to interfere with or otherwise impede individuals’ assertions of their rights under other laws; and (iv) using the System for unauthorized purposes; and (7) an assessment of the impact of implementation of the System in the agricultural industry and the use of the verification system in agricultural industry hiring and business practices. 308. Modernizing and streamlining the employment eligibility verification process Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall submit a plan to Congress for modernizing and streamlining the employment eligibility verification process. Such plan shall include— (1) procedures to allow persons and entities to verify the identity and employment authorization of newly hired individuals where the in-person, physical examination of identity and employment authorization documents is not practicable; (2) a proposal to create a simplified employment verification process that allows employers that utilize the System— (A) to verify the identity and employment authorization of individuals without having to complete and retain Form I–9, Employment Eligibility Verification, in paper, electronic, or any subsequent replacement form; and (B) to maintain evidence of an inspection of the employee’s eligibility to work; and (3) any other proposal that the Secretary determines would simplify the employment eligibility verification process without compromising the integrity or security of the System. 309. Rulemaking; Paperwork Reduction Act (a) Rulemaking (1) Proposed rules Not later than 270 days before the end of the application period described in section 101(c), the Secretary of Homeland Security shall promulgate and publish in the Federal Register proposed rules implementing this title and the amendments made by this title. (2) Final rules The Secretary shall finalize the rules promulgated pursuant to paragraph (1) not later than 180 days after the date on which they are published in the Federal Register. (b) Paperwork Reduction Act (1) In general The requirements under chapter 35 of title 44, United States Code, (commonly known as the Paperwork Reduction Act ) shall apply to any action to implement this title or the amendments made by this title. (2) Electronic forms All forms designated or established by the Secretary that are necessary to implement this title and the amendments made by this title— (A) shall be made available in paper or electronic formats; and (B) shall be designed in such a manner to facilitate electronic completion, storage, and transmittal. | https://www.govinfo.gov/content/pkg/BILLS-117s5282is/xml/BILLS-117s5282is.xml |
117-s-5283 | II 117th CONGRESS 2d Session S. 5283 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Scott of Florida (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate a segment of the Little Manatee River in the State of Florida for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes.
1. Short title This Act may be cited as the Little Manatee Wild and Scenic River Act . 2. Designation for study of wild and scenic river segment, Little Manatee River, Florida (a) Designation Section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) ) is amended by adding at the end the following: (145) Little Manatee River, Florida The approximately 50-mile segment of the Little Manatee River beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but excluding— (A) those portions lying within Manatee County, Florida, that are more particularly described as— (i) Parcel ID 247800059; (ii) Parcel ID 248200008; and (iii) Parcel ID 248100000; and (B) South Fork. . (b) Study and report Section 5(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(b) ) is amended by adding at the end the following: (22) Little Manatee River, Florida Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall— (A) complete the study of the Little Manatee River, Florida, described in subsection (a)(145); and (B) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the study described in subparagraph (A). . (c) Effect on management (1) In general Nothing in this Act or an amendment made by this Act interferes with the existing management of the segment of the Little Manatee River described in paragraph (145) of section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) ). (2) No justification for restrictive management The fact that the river segment described in paragraph (145) of section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) ) is designated for study under that section shall not be used as justification for more restrictive management of the segment until the date on which Congress acts on the study recommendations. | https://www.govinfo.gov/content/pkg/BILLS-117s5283is/xml/BILLS-117s5283is.xml |
117-s-5284 | II 117th CONGRESS 2d Session S. 5284 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Warren (for herself, Mr. Booker , Mrs. Gillibrand , 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 improve the public health response to addressing maternal mortality and morbidity during the COVID–19 public health emergency.
1. Short title This Act may be cited as the Maternal Health Pandemic Response Act of 2022 . 2. Findings Congress finds as follows: (1) The World Health Organization declared COVID–19 a Public Health Emergency of International Concern on January 30, 2020. As of December 12, 2022, there have been over 643,875,000 confirmed cases of, and over 6,630,000 deaths associated with, COVID–19 worldwide. (2) In the United States, the number of cases of COVID–19 has quickly surpassed the number of such cases in every other nation, and as of December 12, 2022, over 99,000,000 cases and 1,080,000 deaths have been reported by the United States alone. (3) Longstanding systemic health and social inequities have put communities of color at increased risk of contracting COVID–19 or experiencing severe illness; age-adjusted hospitalization rates from COVID–19 are highest for American Indian and Alaska Native, Black, and Latinx people. (4) Prior to the start of the COVID–19 pandemic, the United States was facing a maternal mortality and morbidity crisis, in which the United States has the highest maternal mortality rate in the developed world, and the crisis is worsening. (5) More than 50,000 women in the United States annually experience severe maternal morbidity, and much larger numbers experience more common harmful challenges, such as prenatal and postpartum mood disorders, including depression, anxiety disorder, and PTSD; limited access to prenatal and postpartum care, diagnosis, and treatment of complications; intimate partner violence; and lack of support for meeting breastfeeding goals. Many perinatal complications are preventable or treatable, and most injuries, long-term adverse effects, and deaths are preventable. (6) Compared to White women, Black and American Indian and Alaska Native women in the United States are 2 to 4 times more likely to die from pregnancy-related complications, and Black and American Indian and Alaska Native women suffer disproportionately high rates of maternal morbidity. The maternal mortality rate for Hispanic women, which historically has been lower than such rate for White women, is increasing and is now nearly the same as that of White women. (7) The causes of maternal mortality and morbidity are complex and include racial, ethnic, socioeconomic, and geographic inequities; racism, bias, and discrimination; comorbidities; and inadequate access to the health care system, including behavioral health care, which are factors that have similarly contributed to the racial disparities seen in COVID–19 outcomes. (8) The burden of morbidity and mortality in the United States for both COVID–19 and maternal health outcomes has also fallen disproportionately on Black, Latinx, and American Indian and Alaska Native communities, who suffer the most from great public health needs and are the most medically underserved. Underserved women also include those living in maternity care deserts, which lack obstetric providers and hospitals or birth centers offering obstetric care. (9) According to the Centers for Disease Control and Prevention, pregnant and recently pregnant people with COVID–19 are at increased risk for severe illness when compared with non-pregnant people”. Additionally, “pregnant people with COVID–19 are also at increased risk for preterm birth and some data suggest an increased risk for other adverse pregnancy complications and outcomes, such as preeclampsia, coagulopathy, and stillbirth, compared with pregnant people without COVID–19 . Research has also shown that COVID–19 infection during pregnancy may increase the risk of preeclampsia; having preeclampsia and other pregnancy complications also increases the risks of serious COVID–19 infection. (10) As of December 2022, the latest information from the Centers for Disease Control and Prevention indicates that pregnant women are more likely to be hospitalized and are at higher risk for intensive care unit admissions than nonpregnant women due to COVID–19, and Latinx and Black pregnant people have been disproportionately infected by COVID–19, as well as more likely to experience severe disease. (11) Our understanding of the specific impact of COVID–19 on pregnant people has grown significantly. Pregnant and newly delivered women are more susceptible to serious infection from COVID–19, a direct impact. In addition, the COVID–19 pandemic has further strained the health care system and decreased access to preconception, prenatal, and postpartum care. The lack of access to care, including mental health care, increases the risks of maternal mortality and morbidity, pregnancy loss, and infant mortality. It has also added another layer of fear and vulnerability for pregnant people, with disproportionate effects on people of color. (12) As of March 7, 2022, over 180,000 pregnant people in the United States have tested positive for COVID–19 and 293 pregnant people have died as a result of COVID–19. (13) The World Health Organization states that everyone has the right to safe and positive childbirth experience, whether or not they have a confirmed COVID–19 infection, this includes the right to respect and dignity, a companion of choice, clear communication by maternity staff, pain relief strategies, and mobility in labor when possible and the position of choice . (14) A COVID–19 public health response without concerted Federal action and focus on maternal health care access and quality, research, data collection, mitigation of negative socioeconomic consequences of the pandemic, and protection of the right to safe and positive childbirth experience has exacerbated the maternal mortality and morbidity crisis. Risk has also increased for pregnant women who have not been provided with a continuum of respectful, responsive, and empowering care from preconception through postpartum, during the pandemic and beyond. 3. Definitions In this Act: (1) COVID–19 public health emergency The term COVID–19 public health emergency means the period beginning on the date that the 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 ) on January 31, 2020, with respect to COVID–19 took effect, and ending on the later of the end of such public health emergency or January 1, 2023. (2) Culturally congruent The term culturally congruent , with respect to care or maternity care, means care that is anti-racist and is in agreement with the preferred cultural values, beliefs, worldview, and practices of the health care consumer and other stakeholders. (3) Indian Tribe, Tribal organization, and urban Indian organization The terms Indian Tribe and Tribal organization have the meanings given the terms Indian tribe and tribal organization , respectively, in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ), and the term urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (4) Maternal mortality The term maternal mortality means a death occurring during pregnancy or within one year of the end of pregnancy, from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (5) Postpartum The term postpartum means the 1-year period beginning on the last day of a person’s pregnancy. (6) Respectful maternity care The term respectful maternity care means care organized for, and provided to, all pregnant and postpartum people in a manner that— (A) is culturally congruent and linguistically appropriate; (B) maintains a person's dignity, privacy, and confidentiality; (C) ensures freedom from harm and mistreatment; and (D) enables informed choice and continuous support during labor, childbirth, and postpartum. (7) Secretary The term Secretary means the Secretary of Health and Human Services. (8) Severe maternal morbidity The term severe maternal morbidity means an unexpected outcome caused by labor and delivery that results in significant short-term or long-term consequences to the health of the pregnant person. 4. Emergency funding for Federal data collection, surveillance, and research on maternal health outcomes during the COVID–19 public health emergency or a future public health emergency To conduct or support data collection, surveillance, and research on maternal health as a result of the COVID–19 public health emergency or a future public health emergency, including support to assist in the capacity building for State, Tribal, territorial, and local public health departments to collect and transmit racial, ethnic, and other demographic data related to maternal health, there are authorized to be appropriated— (1) $100,000,000 for the Surveillance for Emerging Threats to Mothers and Babies program of the Centers for Disease Control and Prevention, to support the Centers for Disease Control and Prevention in its efforts to— (A) work with public health, clinical, and community-based organizations to provide timely, continually updated guidance to families and health care providers on ways to reduce health risks to mothers and babies and tailor interventions to improve their long-term health; (B) partner with more State, Tribal, territorial, and local public health programs in the collection and analysis of clinical data on the impact of COVID–19 and future public health emergencies on pregnant and postpartum patients and their newborns, including among pregnant people of color; and (C) establish regionally based centers of excellence to offer medical, public health, and other knowledge to ensure communities, especially communities of color, rural communities, and other underserved communities can help pregnant and postpartum patients and infants get the care they need; (2) $30,000,000 for the Enhancing Reviews and Surveillance to Eliminate Maternal Mortality program (commonly known as the ERASE MM program ) of the Centers for Disease Control and Prevention, to support the Centers for Disease Control and Prevention in expanding its partnerships with States and Indian Tribes and provide technical assistance to existing Maternal Mortality Review Committees; (3) $45,000,000 for the Pregnancy Risk Assessment Monitoring System (commonly known as the PRAMS ) of the Centers for Disease Control and Prevention, to support the Centers for Disease Control and Prevention in its efforts to— (A) create a COVID–19 supplement to its PRAMS questionnaire; (B) add questions around experiences of respectful, responsive, and empowering maternity care in prenatal, intrapartum, and postpartum care; (C) conduct a rapid assessment of COVID–19 awareness, impact on care and experiences, and use of preventive measures among pregnant, laboring and birthing, and postpartum people during the COVID–19 public health emergency; and (D) work to transition the survey to an electronic platform and expand the survey to a larger population, with a special focus on reaching underrepresented communities and underserved communities, and with sensitivity to individuals who lack access to such a platform; and (4) $15,000,000 for the National Institute of Child Health and Human Development, to conduct or support research for interventions to mitigate the effects of the COVID–19 public health emergency on pregnant and postpartum people, including Black, Latinx, Asian-American and Pacific Islander, and American Indian and Alaska Native people, as well as people living in areas with limited maternity care. 5. COVID–19 maternal health data collection and disclosure (a) Data collection The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Administrator of the Centers for Medicare & Medicaid Services, shall make publicly available, on the website of the Centers for Disease Control and Prevention, pregnancy and postpartum data collected across all surveillance systems relating to COVID–19, disaggregated by race, ethnicity, primary language, disability status, gender identity, sexual orientation, immigration status, insurance status, and State and Tribal location, including the following: (1) Data related to all COVID–19 diagnostic testing, including the number of pregnant people and postpartum people tested and the number of positive cases. (2) Data related to all suspected cases of COVID–19 in pregnant, birthing, and postpartum people who did not undergo testing. (3) Data related to all COVID–19 serologic testing, including the number of pregnant and postpartum people tested and the number of such serologic tests that were positive. (4) Data related to treatment for COVID–19, including hospitalizations, emergency room, and intensive care unit admissions of pregnant, birthing, and postpartum people related to COVID–19. (5) Data related to COVID–19 outcomes, including total fatalities and case fatality (expressed as the proportion of people who were infected with COVID–19 and died from the virus) of pregnant and postpartum people. (6) Data related to pregnancy and infant health outcomes for pregnant people with confirmed or suspected COVID–19, which may include stillbirths, maternal mortality and morbidity, infant mortality, preterm births, low-birth weight infants, and cesarean section births. (7) Data related to all long-term effects of COVID–19 related to cases contracted during the pregnancy or postpartum period. (b) Timeline The Secretary shall update the data made available under this section not less frequently than monthly, during the COVID–19 public health emergency and for at least one month after the end of the COVID–19 public health emergency. (c) Privacy In publishing data under this section, the Secretary shall take all necessary steps to protect the privacy of people whose information is included in such data, including by complying with— (1) privacy protections under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note); and (2) protections from all inappropriate internal use by an entity that collects, stores, or receives the data, including use of such data in determinations of eligibility (or continued eligibility) in health plans, and from inappropriate uses. (d) Indian Health Service The Director of the Indian Health Service and Director of the Centers for Disease Control and Prevention shall consult with Indian Tribes and confer with urban Indian organizations on data collection and reporting for purposes of this section. (e) Data collection guidance The Secretary shall issue guidance to States and local public health departments to ensure that all relevant demographic data, including pregnancy and postpartum status, are collected and included when sending COVID–19 testing specimen to laboratories, and State and local health departments and Indian Tribes are disaggregating data on COVID–19 status in data on maternal and infant morbidity and mortality. The Secretary shall ensure that the guidance is developed in consultation with Indian Tribes to ensure that it includes Tribally developed best practices on reducing misclassification of American Indian and Alaska Native people in Federal, State, and local public health surveillance systems. 6. Public health communication regarding maternal care during COVID–19 (a) Public health campaign The Director of the Centers for Disease Control and Prevention shall undertake a robust public health education effort to enhance access by pregnant people, their employers, and their providers to accurate, evidence-based health information about COVID–19 and pregnancy, safety, and risk, with a particular focus on reaching pregnant and postpartum people in underserved communities. (b) Emergency temporary standard (1) In general In consideration of the grave risk presented by COVID–19 and the need to strengthen protections for employees, pursuant to section 6(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(c)(1) ) and notwithstanding the provisions of law and the executive order described in paragraph (3), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall promulgate an emergency temporary standard to protect all employees at occupational risk from occupational exposure to SARS–CoV–2. (2) Pregnant and postpartum employees The emergency temporary standard promulgated under this subsection shall include consideration of the risks and needs specific to pregnant and postpartum employees. (3) Inapplicable provisions of law and executive order The requirements of chapter 6 of title 5, United States Code (commonly referred to as the Regulatory Flexibility Act ), subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ), the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1501 et seq. ), and Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory planning and review) shall not apply to the standard promulgated under this subsection. (c) Task force on birthing experience and safe, respectful, responsive, and empowering maternity care during pandemics and other public health emergencies (1) Establishment The Secretary, in consultation with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration, shall convene a task force to develop Federal recommendations regarding respectful, responsive, and empowering maternity care, including safe birth care and postpartum care, during public health emergencies. (2) Duties The task force established under paragraph (1) shall develop, publicly post, and update Federal recommendations in multiple languages to ensure quality, provide nondiscriminatory maternity care, promote positive birthing experiences, and improve maternal health outcomes during the COVID–19 public health emergency and future public health emergencies, with a particular focus on outcomes for communities of color and rural populations. Such guidelines and recommendations shall— (A) address, with particular attention to ensuring equitable treatment on the basis of race and ethnicity— (i) measures to facilitate respectful, responsive, and empowering maternity care; (ii) measures to facilitate telehealth maternity care for pregnant people who cannot regularly access in-person care; (iii) strategies to increase access to specialized care for those with high-risk pregnancies or pregnant individuals with elevated risk factors; (iv) diagnostic testing for pregnant and laboring patients; (v) birthing without one’s chosen companions, with one’s chosen companions, and with smartphone or other telehealth connection to one’s chosen companions; (vi) newborn separation after birth in relation to maternal infection status; (vii) breast milk feeding in relation to maternal infection status; (viii) licensure, training, scope of practice, and Medicaid and other insurance reimbursement for certified midwives, certified nurse-midwives, certified professional midwives, in a manner that facilitates inclusion of midwives of color and midwives from underserved communities; (ix) financial support and training for perinatal health workers who provide non-clinical support to people from pregnancy through the postpartum period, such as a doula, community health worker, peer supporter, lactation consultant, nutritionist or dietitian, social worker, home visitor, or a patient navigator in a manner that facilitates inclusion from underserved communities; (x) strategies to ensure and expand doula coverage under State Medicaid programs; (xi) how to identify, address, and treat prenatal and postpartum mental and behavioral health conditions, such as anxiety, substance use disorder, and depression, which may have arisen or increased during the COVID–19 public health emergency, and how to mitigate the impact of future public health emergencies on maternal mental health; (xii) how to identify and address instances of intimate partner violence during pregnancy which may arise or intensify during public health emergencies, and how to mitigate the impact of future public health emergencies on maternal mental health; (xiii) strategies to address hospital capacity concerns in communities with a surge in infectious disease cases and to provide childbearing people with options that reduce potential for cross-contamination and increase the ability to implement their care preferences while maintaining safety and quality, such as the use of auxiliary maternity units and freestanding birth centers; (xiv) provision of child care services during prenatal appointments for mothers whose children are unable to attend as a result of restrictions relating to the public health emergencies; (xv) how to identify and address racism, bias, and discrimination in the delivery treatment and support to pregnant and postpartum people, including evaluating the value of training for hospital staff on implicit bias and racism, respectful, responsive, and empowering maternity care, and demographic data collection; (xvi) how to address the needs of undocumented pregnant women and new mothers who may be afraid or unable to seek needed care during the COVID–19 public health emergency; (xvii) how to address the needs of uninsured pregnant women who have historically relied on emergency departments for care; (xviii) how to identify women at risk for depression, anxiety disorder, psychosis, obsessive-compulsive disorder, and other maternal mood disorders before, during, and after pregnancy, and how to treat those diagnosed with a postpartum mood disorder; (xix) how to effectively and compassionately screen for substance abuse during pregnancy and postpartum and help moms find support and effective treatment; and (xx) such other matters as the task force determines appropriate; (B) identify barriers to the implementation of the guidelines and recommendations; (C) take into consideration existing State and other programs that have demonstrated effectiveness in addressing pregnancy, birth, and postpartum care during the COVID–19 public health emergency; and (D) identify policies specific to COVID–19 that should be discontinued when safely possible and those that should be continued as the public health emergency abates. (3) Membership The task force established under paragraph (1) shall be comprised of— (A) representatives of the Department of Health and Human Services, including representatives of— (i) the Secretary; (ii) the Director of the Centers for Disease Control and Prevention; (iii) the Administrator of the Health Resources and Services Administration; (iv) the Administrator of the Centers for Medicare & Medicaid Services; (v) the Director of the Agency for Healthcare Research and Quality; and (vi) the Director of the Indian Health Service; (B) at least 3 State, local, or territorial public health officials representing departments of public health, who shall represent jurisdictions from different regions of the United States with relatively high concentrations of historically marginalized populations, to be appointed by the Secretary; (C) at least 1 Tribal public health official representing departments of public health; (D) 1 or more representatives of a community-based organization that addresses adverse maternal health outcomes with a specific focus on racial and ethnic inequities in maternal health outcomes, appointed by the Secretary, with special consideration given to organizations led by a person of color or from communities with significant minority populations; (E) 1 or more obstetrician-gynecologist or other physician who provides obstetric care, with special consideration for physicians who are from, or work in, communities experiencing, or that have experienced, the highest rates of COVID–19 mortality and morbidity; (F) 1 or more nurse, such as a certified nurse-midwife, women’s health nurse practitioner, or other nurse who provides obstetric care, with special consideration for nurses who are from, or work in, communities experiencing, or that have experienced, the highest rates of COVID–19 mortality and morbidity; (G) 1 or more perinatal health workers who provide non-clinical support to people from pregnancy through postpartum period, such as a doula, community health worker, peer supporter, lactation consultant, nutritionist or dietitian, social worker, home visitor, or patient navigator; (H) 1 or more patients who were pregnant or gave birth during the COVID–19 public health emergency; (I) 1 or more patients who contracted COVID–19 and later gave birth; (J) 1 or more patients who have received support from a perinatal health worker who provides prenatal and postpartum support, such as a doula, community health worker, peer supporter, lactation consultant, nutritionist or dietitian, social worker, home visitor, or a patient navigator, or a spouse or family member of such patient; and (K) racially and ethnically diverse representation from at least 3 independent experts with knowledge or field experience with racial and ethnic disparities in public health, women’s health, or maternal mortality and severe maternal morbidity. 7. GAO report on maternal health and public health emergency preparedness Not later than 1 year after the end of the 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 ) on January 31, 2020, with respect to COVID–19, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on maternal health and public health emergency preparedness, including prenatal, labor and delivery, and postpartum care during the COVID–19 public health emergency, including the following: (1) A review of the prenatal, labor and delivery, and postpartum experiences of people during the COVID–19 public health emergency, which shall— (A) identify barriers to accessing preconception, pregnancy, birth, and postpartum care during a pandemic, including maternal behavioral health care; (B) assess the extent to which public and private insurers were providing coverage for maternal health care during the public health emergency, including for telehealth services and out-of-hospital births; (C) review the impact of the continuous enrollment condition included in the Families First Coronavirus Response Act ( Public Law 116–127 ) had on enrollment of postpartum people in State Medicaid programs and analyze health care services utilized by this population in the postpartum period; (D) to the extent practicable, analyze maternal and infant health outcomes by race and ethnicity (including quality of care, mortality, morbidity, cesarean section rates, preterm birth, prevalence of prenatal and postpartum anxiety and depression, and other mood disorders) during the COVID–19 public health emergency and the impact of Federal and State policy changes made in response to the COVID–19 pandemic on such outcomes; (E) identify contributors to population-based disparities seen in COVID–19 outcomes, such as racial profiling of, and bias and discrimination against, Black, American Indian and Alaska Native, Latinx, and Asian-American and Pacific Islander people; (F) review the impact of increased unemployment, paid family leave, changes in health care coverage, and other social determinants of health for pregnant and postpartum people during the public health emergency, including intimate partner violence; and (G) assess the impact of the lack of inclusion of pregnant and lactating people in clinical trials for COVID–19 therapeutics and vaccines. (2) Consultation with maternity care providers, maternal behavioral health care specialists, researchers who specialize in women’s health or maternal mortality and severe maternal morbidity, people who experienced pregnancy or childbirth during the COVID–19 public health emergency, representatives from community-based organizations that address maternal health, and perinatal health workers who provide nonclinical support to pregnant and postpartum people (such as a doula, community health worker, peer support, certified lactation consultant, nutritionist or dietician, social worker, home visitor, or navigator). (3) Recommendations to improve the public health emergency response and preparedness efforts of the Federal Government specific to maternal health, with a particular focus on outcomes for minority women, including— (A) ways to improve research, surveillance, and data collection of the Federal Government related to maternal health; (B) ways for the Federal Government to factor maternal health outcomes and disparities into decisions regarding distribution of resources, including COVID–19 tests, personal protective equipment, and emergency funding; (C) the extent to which guidelines and recommendations of the Federal Government related to maternal health care during the COVID–19 public health emergency were culturally congruent and linguistically competent for minority women; (D) ways to improve the distribution of public health funds, data, and information to Indian Tribes and Tribal organizations with regard to maternal health during public health emergencies; and (E) opportunities to incentivize or require sponsors to include safety data on pregnant and lactating people for therapeutics and vaccines in emergency use authorization submissions. | https://www.govinfo.gov/content/pkg/BILLS-117s5284is/xml/BILLS-117s5284is.xml |
117-s-5285 | II 117th CONGRESS 2d Session S. 5285 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Luján (for himself, Mr. Whitehouse , 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 extend the residential treatment program for pregnant and postpartum women pilot program, and for other purposes.
1. Short title This Act may be cited as the Improving Treatment for Pregnant and Postpartum Women Act 2.0 . 2. Residential treatment program for pregnant and postpartum women pilot program reauthorization Section 508(r) of the Public Health Service Act ( 42 U.S.C. 290bb–1(r) ) is amended— (1) by striking paragraph (4); (2) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and (3) in subparagraph (B) of paragraph (4), as so redesignated— (A) in the matter preceding clause (i), by striking The Director and inserting Not later than September 30, 2026, the Director ; and (B) by striking the relevant committees of jurisdiction of the House of Representatives and the Senate and inserting 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-117s5285is/xml/BILLS-117s5285is.xml |
117-s-5286 | II 117th CONGRESS 2d Session S. 5286 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Lummis introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide for the strengthening of the supervision of digital asset markets by self-regulatory organizations, and for other purposes.
1. Short title This Act may be cited as the Responsible Self-Regulation Act of 2022 . 2. Definitions (a) In general Subtitle VI of title 31, United States Code, is amended by adding after chapter 97 the following: 98 Digital assets Sec. 9801. Definitions. 9801. Definitions In this chapter: (1) Ancillary asset (A) In general The term ancillary asset means an intangible, fungible asset that is offered, sold, or otherwise provided to a person in connection with the purchase and sale of a security through an arrangement or scheme that constitutes an investment contract, as that term is used in section 2(a)(1) of the Securities Act of 1933 ( 15 U.S.C. 77b(a)(1) ). (B) Exclusion The term ancillary asset does not include an asset that provides the holder of the asset with any of the following rights in a business entity: (i) A debt or equity interest in that entity. (ii) Liquidation rights with respect to that entity. (iii) An entitlement to an interest or dividend payment from that entity. (iv) A profit or revenue share in that entity solely from the entrepreneurial or managerial efforts of others. (v) Any other financial interest in that entity. (2) Appropriate commission The term appropriate commission means the Commodity Futures Trading Commission or the Securities and Exchange Commission, or both, as applicable, based on the commission that has statutory jurisdiction over a digital asset intermediary and acts as the primary registration or licensing authority, consistent with paragraph (4). (3) Digital asset The term digital asset — (A) means a natively electronic asset that— (i) confers economic, proprietary, or access rights or powers; and (ii) is recorded using cryptographically secured distributed ledger technology, or any similar analogue; and (B) includes— (i) virtual currency and ancillary assets; (ii) payment stablecoins; and (iii) any other security or commodity that meets the requirements of subparagraph (A). (4) Digital asset intermediary The term digital asset intermediary — (A) means— (i) a person that— (I) holds a license, registration, or other similar authorization, as specified by this chapter, the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ), the Securities Act of 1933 ( 15 U.S.C. 77a et seq. ), the Corporation of Foreign Bondholders Act, 1933 ( 15 U.S.C. 77bb et seq. ), the Trust Indenture Act of 1939 ( 15 U.S.C. 77aaa et seq. ), the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ), the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78aaa et seq. ), the Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. ), the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–1 ), and the Omnibus Small Business Capital Formation Act of 1980 ( 15 U.S.C. 80c ); and (II) may conduct market activities relating in digital assets; or (ii) a person that is required by law to hold a license, registration, or other similar authorization described in clause (i); (B) includes— (i) a person that holds a license, registration, or other similar authorization under State or Federal law and issues a payment stablecoin; and (ii) a person that is required by law to hold a license, registration, or other similar authorization described in clause (i); and (C) does not include a depository institution. (5) Registered digital asset association The term registered digital asset association means an organization jointly registered by the Securities and Exchange Commission and Commodity Futures Trading Commission under section 9802 for the supervision of digital asset intermediaries. (6) Security The term security has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (7) Virtual currency The term virtual currency — (A) means a digital asset that— (i) is used primarily as a medium of exchange, unit of account, store of value, or any combination of such functions; (ii) is not legal tender, as described in section 5103; and (iii) does not derive value from, or is not backed by, an underlying financial asset (except other digital assets); and (B) includes a digital asset, consistent with subparagraph (A), that is accompanied by a statement from the issuer that a denominated or pegged value will be maintained and be available upon redemption from the issuer or other identified person, based solely on computer code deployed to a distributed ledger technology network that executes an instruction based on the occurrence or non-occurrence of a specified condition, or any similar analogue. . (b) Technical and conforming amendment The table of contents for subtitle VI of title 31, United States Code, is amended by adding at the end the following: 98. Digital assets 9801 . 3. Registered digital asset associations (a) In general Chapter 98 of title 31, United States Code, as amended by section 2, is amended by adding at the end the following: 9802. Registered digital asset associations (a) Definitions In this section: (1) Nonmember professional The term nonmember professional means any person that— (A) is a digital asset intermediary; and (B) is a not a member of a registered digital asset association or affiliated organization. (2) Registration information The term registration information means the information reported in connection with the licensing, registration, or other authorization of digital asset intermediaries and their associated persons, including— (A) disciplinary actions, regulatory, judicial, and arbitration proceedings, and other information required by law or digital asset association rule; and (B) the source and status of the information described in subparagraph (A). (b) Registration; application An association of digital asset intermediaries may be registered as a digital asset association, under the terms and conditions provided in this section, and in accordance with the provisions of this section and section 9803, by jointly filing with the Securities and Exchange Commission and the Commodity Futures Trading Commission an application for registration, in such form as the commissions may require, containing the rules of the association and such other information and documents that may be prescribed as necessary or appropriate in the public interest or for customer protection. (c) Determinations by Commissions requisite to registration An association of digital asset intermediaries may not be registered as a registered digital asset association under subsection (b) unless a majority of the members of each of the Securities and Exchange Commission and the Commodity Futures Trading Commission, voting separately, determine that— (1) by reason of the number and the scope of the transactions of the association, the association will be able to carry out the purposes of this section; (2) the association is so organized, and has the capacity, to— (A) be able to carry out the purposes of this section and other applicable State and Federal laws; and (B) subject to any rule or order of the appropriate commission, enforce compliance by members of the association (and persons associated with those members) with the provisions of applicable law, the rules under those provisions, and the rules of the association; (3) the rules of the association provide that any digital asset intermediary may become a member of the association and any person may become associated with a member of the association; (4) the rules of the association ensure a fair representation of the members of the association, including emerging growth companies (as defined in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) )), in the selection of the directors of the association and administration of the affairs of the association; (5) the rules of the association provide for the equitable allocation of reasonable dues, fees, and other charges among members of the association and other persons using any facility or system that the association operates or controls; (6) the rules of the association— (A) are designed to— (i) prevent fraudulent and manipulative acts and practices in order to promote just and equitable principles of trade; (ii) foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in digital assets; (iii) remove impediments to, and perfect the mechanism of, a free and open market; and (iv) protect customers and the public interest; and (B) are not designed to— (i) permit unfair discrimination between customers and digital asset intermediaries; (ii) fix minimum profits; (iii) impose any schedule or fix rates of commissions, allowances, discounts, or other fees to be charged by the members of the association; or (iv) regulate by virtue of any authority conferred by law matters not related to the purposes of this section or the administration of the association; (7) the rules of the association provide that, subject to any rule or order of the appropriate commission, the members of the association (and persons associated with those members) shall be appropriately disciplined for a violation of any provision of applicable law, the rules under such a provision, or the rules of the association by expulsion, suspension, limitation of activities, functions, and operations, fine, censure, a suspension or bar from being associated with a member, or any other fitting sanction; (8) the rules of the association are consistent with the provisions of subsection (h) and, in general, provide a fair procedure for— (A) the disciplining of members and persons associated with members; (B) the denial of membership to any person seeking membership in the association; (C) the barring of any person from becoming associated with a member of the association; and (D) the prohibition or limitation by the association of any person with respect to access to services offered by the association or a member of the association; (9) the rules of the association do not impose any burden on competition not necessary or appropriate in furtherance of the purposes of this section; (10) the requirements of subsection (d), as applicable, are satisfied; and (11) the rules of the association include provisions governing the form and content of quotations relating to digital assets, which shall be designed to— (A) produce fair and informative quotations; (B) prevent fictitious or misleading quotations; and (C) promote orderly procedures for collecting, distributing, and publishing quotations. (d) Rules; provision for registration of affiliated organization (1) In general The Securities and Exchange Commission and the Commodity Futures Trading Commission may permit or require the rules of an association applying for registration under subsection (b) to provide for the admission of an organization registered as an affiliated organization pursuant to subsection (e), to participate in the applicant association as an affiliate of the applicant association, under terms permitting powers and responsibilities to the affiliate, and under such other appropriate terms and conditions, as may be provided by the rules of the applicant association, if those rules appear to the commissions jointly to be necessary or appropriate in the public interest or for customer protection and to carry out the purposes of this section. (2) Duties and powers of the commissions The duties and powers of the Securities and Exchange Commission and the Commodity Futures Trading Commission with respect to any association or affiliate organization shall in no way be limited by reason of any such affiliation. (e) Registration as affiliated organization; prerequisites; association rules (1) In general An applicant organization shall not be registered as an affiliated organization, unless— (A) the organization, notwithstanding that the organization does not satisfy the requirements under subsection (c)(1), will, upon the registration of the organization under this subsection, be admitted to affiliation with an organization registered as a digital asset association pursuant to subsection (c), in the manner and under the terms and conditions provided by the rules of the registered digital asset association in accordance with subsection (d); and (B) the organization and the rules of the organization satisfy the requirements under paragraphs (2) through (11) of subsection (c). (2) Exception Any restrictions upon membership of an applicant organization shall not be less stringent than in the case of the registered digital asset association with which the organization is to be affiliated. (f) Dealings with nonmember professionals (1) In general The rules of a digital asset association may provide that no member of the association may deal with any nonmember professional except at the same prices, for the same commissions or fees, and on the same terms and conditions the member accords to the general public. (2) Rule of construction Nothing in this subsection may be construed to prevent any member of a registered digital asset association from granting to any other member of any other registered digital asset association any discount, allowance, commission, or special terms in connection with a digital asset transaction. (g) Denial of membership (1) In general Membership in a registered digital asset association under this section shall be limited to digital asset intermediaries. (2) Denial for public interest or consumer protection (A) In general A registered digital asset association may, and the appropriate commission, by order, may direct such an association to, as necessary or appropriate in the public interest or for customer protection, deny membership to any person, and bar from becoming associated with a member any person, that is subject to a statutory disqualification within the laws under the jurisdiction of that commission. (B) Notice A registered digital asset association shall file notice with the appropriate commission, in such form and containing such information as the appropriate commission shall require, not less than 30 days before admitting any person to membership or permitting any person to become associated with a member, if the association knew, or in the exercise of reasonable care should have known, that such person was subject to a statutory disqualification. (3) Procedure (A) In general A registered digital asset association may— (i) deny membership to, or condition the membership of, a digital asset intermediary, if— (I) the intermediary does not meet such standards of financial responsibility or operational capability, or such intermediary or any individual associated with the intermediary does not meet such standards of training, experience, and competence, as are prescribed by the rules of the association; or (II) the intermediary or person associated with the intermediary has engaged, and there is a reasonable likelihood the intermediary or person will again engage, in acts or practices inconsistent with just and equitable principles of trade; and (ii) examine and verify the qualifications of an applicant to become a member and the individuals associated with the applicant in accordance with procedures established by the rules of the association. (B) Association A registered digital asset association may— (i) bar an individual from becoming associated with a member, or condition the association of an individual with a member, if that individual— (I) does not meet such standards of training, experience, and competence as are prescribed by the rules of the association; or (II) has engaged, and there is a reasonable likelihood the individual will again engage, in acts or practices inconsistent with just and equitable principles of trade; (ii) examine and verify the qualifications of an applicant to become a person associated with a member in accordance with procedures established by the rules of the association; and (iii) require an individual associated with a member, or any class of such individuals, to be registered with the association in accordance with procedures so established. (C) Bar on association A registered digital asset association may bar any person from becoming associated with a member if that person does not agree— (i) to supply the association with such information with respect to the relationship and dealings of the person with the member as may be specified in the rules of the association; and (ii) to permit examination of the records of the person to verify the accuracy of any information supplied by the person under clause (i). (4) Denial for type of business (A) In general Subject to subparagraph (B), a registered digital asset association may deny membership to a digital asset intermediary not engaged in a type of business in which the rules of the association require members to be engaged. (B) Condition No digital asset association may deny membership to a digital asset intermediary by reason of the amount of such type of business done by such intermediary or the other types of business in which the intermediary is engaged. (h) Discipline of registered digital asset association members and persons associated with members; summary proceedings (1) Discipline (A) Notification In any proceeding by a registered digital asset association to determine whether a member, or a person associated with a member, should be disciplined (other than a summary proceeding pursuant to paragraph (3)), the association shall bring specific charges, notify such member or person of (and give the person an opportunity to defend against) those charges, and keep a record. (B) Statement A determination by a registered digital asset association to impose discipline in a proceeding under subparagraph (A) shall be supported by a statement setting forth— (i) any act or practice in which the member, or person associated with a member, has been found to have engaged, or that such member or person has been found to have omitted; (ii) the specific provision of law, the rules under such a provision, or the rules of the association that an act or practice described in clause (i), or omission to act, is charged with violating; and (iii) the sanction imposed and a justification for the sanction. (2) Denial of membership or services (A) Notification In any proceeding by a registered digital asset association to determine whether a person shall be denied membership, barred from becoming associated with a member, or prohibited or limited with respect to access to services offered by the association or a member of the association (other than a summary proceeding pursuant to paragraph (3)), the association shall— (i) notify that person and give the person an opportunity to be heard; (ii) provide the person the specific grounds for denial, bar, or prohibition or limitation under consideration; and (iii) maintain a record. (B) Statement A determination by a registered digital asset association to deny membership, bar a person from becoming associated with a member, or prohibit or limit a person with respect to access to services offered by the association or a member under subparagraph (A) shall be supported by a statement setting forth the specific grounds on which the denial, bar, or prohibition or limitation is based. (3) Summary proceeding (A) In general A registered digital asset association may summarily— (i) suspend a member of the association, or a person associated with such a member, that is— (I) expelled or suspended from any other digital asset association; or (II) barred or suspended from being associated with a member of another digital asset association; (ii) suspend a member of the association that is in such financial or operating difficulty that the association determines (and so notifies the appropriate commission) that the member cannot be permitted to continue to do business as a member, in order to protect customers, creditors, other members, or the association; or (iii) limit or prohibit any person from accessing services offered by the association if clause (i) or (ii) is applicable to that person, or, in the case of a person that is not a member of the association, if the association determines that the person— (I) does not meet the qualification requirements or other prerequisites for that access; and (II) cannot be permitted to continue to have such access with safety, in order to protect customers, creditors, members, or the association. (B) Opportunity for hearing Any person aggrieved by a summary action under subparagraph (A) shall be promptly afforded an opportunity for a hearing by the applicable digital asset association in accordance with the provisions of paragraph (1) or (2). (C) Stay The appropriate commission, by order, may stay a summary action described in subparagraph (A) on the motion of the commission or upon application by any person aggrieved by the summary action, if the commission determines summarily or after notice and opportunity for hearing (which may consist solely of the submission of affidavits or presentation of oral arguments) that the stay is consistent with the public interest and customer protection. (i) Obligation To maintain registration, disciplinary, and other data (1) Maintenance of system to respond to inquiries A registered digital asset association shall establish and maintain— (A) a system for collecting and retaining registration information; and (B) a website, including an application programming interface, to receive and promptly respond to inquiries regarding registration information on the members of the association and associated persons with respect to those members. (2) Recovery of costs A registered digital asset association may charge persons making inquiries described in paragraph (1)(B), other than individual customers of digital asset intermediaries, reasonable fees for responses. (3) Process for disputed information Each registered digital asset association shall adopt rules establishing a process for disputing the accuracy of information provided in response to inquiries under this subsection. (4) Limitation on liability A registered digital asset association, or any digital asset intermediary reporting information to such an association, shall not have any liability to any person for any actions taken or omitted in good faith under this subsection. (j) Avoidance of duplicative rules (1) In general Each digital asset association registered under subsection (b) shall issue rules as necessary to avoid duplicative or conflicting rules applicable to any digital asset intermediary that is a member of a national securities exchange, board of trade, contract market, registered securities association, registered futures association, or similar digital asset association. (2) Other membership A digital asset intermediary shall not be required to become a member of another digital asset association unless the intermediary performs activities with financial assets other than digital assets. (3) Non-digital asset activities (A) Rules by Commissions The Securities and Exchange Commission and the Commodity Futures Trading Commission shall jointly prescribe rules under which a digital asset intermediary that is a member or affiliate of a digital asset association registered under this section may perform activities with financial assets other than digital assets, if those activities are not a majority of the business of an intermediary and are conducted in a responsible manner, without membership in another digital asset association. (B) Rules by digital asset associations A registered digital asset association under this section shall adopt rules governing activities with financial assets other than digital assets, which shall be consistent with existing law, rule, guidance or industry best practices or the rules of other digital asset associations. . (b) Technical and conforming amendment The table of sections for chapter 98 of title 31, United States Code, as added by section 2, is amended by adding at the end the following: 9802. Registered digital asset associations. . 4. Registration, rulemaking, and supervision of digital asset associations (a) In general Chapter 98 of title 31, United States Code, as amended by section 3, is amended by adding at the end the following: 9803. Registration, rulemaking, and supervision of digital asset associations (a) Registration procedures; notice of filing; other regulatory agencies (1) Publication of notice (A) In general The Securities and Exchange Commission and Commodity Futures Trading Commission shall, upon the filing of an application for registration as a digital asset association under section 9802, publish notice of that filing and afford interested persons an opportunity to submit written data, views, and arguments concerning the application. (B) Requirements Not later than 90 days after the date on which notice is published under subparagraph (A), or within a longer period to which the applicable applicant consents, the Securities and Exchange Commission and Commodity Futures Trading Commission shall— (i) by joint order, grant registration of the digital asset association; or (ii) institute proceedings to determine whether registration should be denied. (C) Proceedings (i) In general Proceedings instituted under subparagraph (B)(ii) shall include notice of the grounds for denial under consideration and opportunity for hearing before the joint commissions. (ii) Hearing A hearing described in clause (i) shall be concluded not later than 180 days after the date on which notice of the filing of the application for registration is published under subparagraph (A). (iii) Further proceedings (I) Separate votes At the conclusion of a hearing conducted under this subparagraph, and not later than the end of the 180-day period described in clause (ii), the Securities and Exchange Commission and Commodity Futures Trading Commission, voting separately, shall act to grant or deny the applicable registration. (II) Effect of failure to issue joint order The failure of the Securities and Exchange Commission and Commodity Futures Trading Commission to issue a joint order during the period described in subclause (I) shall be deemed to be a denial of the applicable registration. (D) Considerations With respect to an application for registration described in this paragraph, the Securities and Exchange Commission and Commodity Futures Trading Commission shall— (i) grant registration if all statutory requirements have been met and the rules under those statutory provisions with respect to the applicant are satisfied; and (ii) deny such registration if the commissions do not make the findings described in clause (i). (2) Withdrawal from registration (A) In general A digital asset association may, upon such terms and conditions as the Securities and Exchange Commission and Commodity Futures Trading Commission, by rule, determine necessary or appropriate in the public interest or for the protection of customers, withdraw from registration described in paragraph (1) by filing a written notice of withdrawal with the commissions. (B) Considerations (i) In general If the Securities and Exchange Commission and Commodity Futures Trading Commission, voting separately, each finds that a digital asset association is no longer in existence or has ceased to do business in the capacity specified in the application for registration submitted by the association, the commissions may cancel the registration of the association. (ii) Effect of failure to vote The failure to issue a joint order described in clause (i) shall be deemed to maintain the registration of the applicable digital asset association. (C) Effect of withdrawal, cancellation, suspension, or revocation Upon withdrawal by registration or the cancellation, suspension, or revocation of the registration of a digital asset association, the registration of any association affiliated with the association shall automatically terminate. (b) Proposed rule changes; notice; proceedings (1) In general Except as otherwise provided in paragraph (2)— (A) a digital asset association shall file with the appropriate commission, in accordance with the rules of that commission, copies of any proposed rule or any proposed change in, addition to, or deletion from the rules of such digital asset association accompanied by a concise general statement of the basis and purpose of such proposed rule change; (B) the appropriate commission shall— (i) as soon as practicable after the date on which a proposed rule change is filed under subparagraph (A), publish notice of that filing together with the terms of substance of the proposed rule change or a description of the subjects and issues involved; and (ii) give interested persons an opportunity to submit written data, views, and arguments concerning that proposed rule change; (C) no proposed rule change described in subparagraph (A) shall take effect unless approved by the appropriate commission or otherwise permitted in accordance with the provisions of this subsection; and (D) no proposed rule change described in subparagraph (A) relating to a matter under the jurisdiction of more than 1 commission may be filed. (2) Approval process (A) Approval process established (i) In general Except as provided in clause (ii), not later than 30 days after the date on which notice of a proposed rule change is published under paragraph (1), the appropriate commission shall— (I) by order, approve or disapprove the proposed rule change; or (II) institute proceedings under subparagraph (B) to determine whether the proposed rule change should be disapproved. (ii) Extension of time period The appropriate commission may extend the period established under clause (i) by not more than an additional 30 days, if— (I) the commission determines that a longer period is appropriate and publishes the reasons for that determination; or (II) the digital asset association that filed the proposed rule change consents to a longer period. (B) Proceedings (i) Notice and hearing If the appropriate commission does not approve or disapprove a proposed rule change under subparagraph (A), the commission shall provide to the digital asset association that filed the proposed rule change— (I) notice of the grounds for disapproval under consideration; and (II) opportunity for hearing, to be concluded not later than 180 days after the date of publication of notice of the filing of the proposed rule change. (ii) Order of approval or disapproval (I) In general Except as provided in subclause (II), not later than 180 days after the date on which notice is published under paragraph (1), the appropriate commission shall issue an order approving or disapproving the proposed rule change that is the subject of the notice. (II) Extension of time period The appropriate commission may extend the period for issuance under clause (I) by not more than 60 days, if— (aa) the commission determines that a longer period is appropriate and publishes the reasons for such determination; or (bb) the digital asset association that filed the proposed rule change consents to the longer period. (C) Standards for approval and disapproval (i) Approval The appropriate commission shall approve a proposed rule change of a digital asset association if the commission finds that the proposed rule change is consistent with law. (ii) Time for approval The appropriate commission may not approve a proposed rule change earlier than 30 days after the date of publication of notice with respect to the proposed rule change under paragraph (1), unless the commission finds good cause for so doing and publishes the reason for the finding. (D) Result of failure to institute or conclude proceedings A proposed rule change shall be deemed to have been approved by the appropriate commission, if— (i) the commission does not approve or disapprove the proposed rule change, or begin proceedings under subparagraph (B), within the period described in subparagraph (A); or (ii) the commission does not issue an order approving or disapproving the proposed rule change under subparagraph (B) within the period described in subparagraph (B)(ii). (E) Publication date based on federal register publishing (i) In general For purposes of this paragraph, if, after filing a proposed rule change with the appropriate commission under paragraph (1), a digital asset association publishes a notice of the filing of that proposed rule change, together with the substantive terms of that proposed rule change, on a publicly accessible website, the commission shall send the notice to the Federal Register for publication of the proposed rule change under paragraph (1) not later than 5 days after the date on which that website publication is made. (ii) Effect of failing to send If the appropriate commission fails to send notice under clause (i) during the 5-day period described in that clause, the date of publication shall be deemed to be the date on which the applicable website publication is made. (3) Internal governance With respect to a proposed rule relating to the internal operation, governance, and procedures of a digital asset association, or a proposed rule relating to the determination of the legal character of a digital asset— (A) the proposed rule shall be— (i) subject to approval by the Securities and Exchange Commission and the Commodity Futures Trading Commission; and (ii) deemed to be approved on the date that is 5 days after the date on which the proposed rule is submitted, unless either commission objects to the proposed rule change; and (B) if a commission objects to the proposed rule change under subparagraph (A)(ii)— (i) the commission shall, in a public format, provide to the digital asset association and the non-objecting commission the reasons for the objection; (ii) the digital asset association, and interested members of the public, may provide written comments to the commissions during the 20-day period beginning on the date on which the objection is noted; and (iii) the Securities and Exchange Commission and the Commodity Futures Trading Commission, voting separately, shall jointly issue an order approving or disapproving the proposed rule, with the failure to issue such a joint order being deemed to be approval of the proposed rule. (4) Exception (A) In general Notwithstanding paragraphs (2) and (3), a proposed rule change shall take effect upon filing if self-certified by a digital asset association as— (i) constituting a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule of the digital asset association; (ii) establishing or changing a due, fee, or other charge imposed by the digital asset association on any person, whether or not the person is a member of the digital asset association; or (iii) notwithstanding any other provision of this subsection, necessary for customer protection, the maintenance of fair and orderly markets, or the safeguarding of digital assets, customer funds, or other property, in which case the proposed rule change under shall be filed promptly thereafter in accordance with paragraph (1). (B) Enforcement (i) In general Any proposed rule change of a digital asset association that has taken effect under subparagraph (A) may be enforced by the association to the extent the rule change is not inconsistent with applicable law. (ii) Suspension (I) In general At any time during the 60-day period beginning on the date on which a proposed rule change is filed under paragraph (1), the appropriate commission may temporarily and summarily suspend the change in the rules of the applicable digital asset association on a temporary basis, if the commission determines that such action is necessary or appropriate in the public interest, for customer protection, or to otherwise comply with applicable law. (II) Requirements If a commission takes action under subclause (I), the commission shall institute proceedings under paragraph (2)(B) to determine whether the applicable proposed rule should be approved or disapproved. (iii) Rule of construction Action under this subparagraph shall not affect the validity or force of a proposed rule change during the period the rule change was in effect and shall not be reviewable in a judicial proceeding, nor deemed to be final agency action for purposes of section 704 of title 5. (5) Rule of construction relating to filing date of proposed rule changes (A) In general For purposes of this subsection, the date of filing of a proposed rule change shall be deemed to be the date on which the applicable commission receives the proposed rule change. (B) Exception (i) In general Subject to clause (ii), a proposed rule has not been received by the applicable commission for purposes of subparagraph (A), if, not later than 7 business days after the date on which the commission receives the rule, the commission notifies the applicable digital asset association that the proposed rule change does not comply with the rules of the commission relating to the required form of a proposed rule change. (ii) Lengthy and complex proposed rule changes (I) In general If the applicable commission determines that a proposed rule change is unusually lengthy, and is complex or raises novel regulatory issues, the commission shall inform the applicable digital asset association of that determination not later than 7 business days after the date on which the commission receives the rule. (II) Deadline For the purposes of subparagraph (A), a proposed rule change described in subclause (I) has not been received by the applicable commission, if, not later than 21 days after the date on which the commission receives the rule, the commission notifies the applicable digital asset association that the proposed rule change does not comply with the rules of the commission relating to the required form of a proposed rule change. (C) Applicability This paragraph shall not apply to a rule relating to the internal operations, governance, and procedure of a digital asset association. (c) Amendment of rules of digital asset associations (1) In general The appropriate commission may, by rule, abrogate, add to, and delete from the rules of a digital asset association as the commission determines necessary or appropriate to ensure the fair administration of the digital asset association or to conform the rules of the association to law or applicable rule, in the following manner: (A) The appropriate commission shall notify the digital asset association and publish notice of the proposed rulemaking in the Federal Register, which shall include the text of the proposed amendment to the rules of the digital asset association and a statement of the reasons of the commission, including any pertinent facts, for commencing the proposed rulemaking. (B) (i) The appropriate commission shall give interested persons an opportunity for the oral presentation of data, views, and arguments, in addition to an opportunity to make written submissions. (ii) A transcript shall be kept of any oral presentation under clause (i). (C) A rule adopted pursuant to this paragraph shall incorporate the text of the amendment to the rules of the digital asset association and a statement of the appropriate commission regarding the basis for amendment of the rule, which shall include an identification of any facts on which the determination of the commission to amend the rules of the digital asset association is based, including the reasons for the conclusions of the commission relating to any facts that were disputed in the rulemaking. (2) Rule of construction Nothing in this subsection may be construed to impair or limit the authority of the appropriate commission to make, or to modify or alter the procedures the commission may follow in making, rules pursuant to any other authority granted by law that is consistent with this subsection. (3) Effect of rules Any amendment to the rules of a digital asset association made by the appropriate commission under this subsection shall be considered for all purposes to be part of the rules of that digital asset association and shall not be considered to be a rule of the commission. (4) Consultations With respect to rules described in subsection (b)(4)(A)(iii), the appropriate commission shall consult with and consider the views of the other commission and the Secretary of the Treasury before abrogating, adding to, and deleting from those rules, except where the commission determines that an emergency exists requiring expeditious or summary action and publishes the reasons of the commission for taking that action. (d) Notice of disciplinary action taken by digital asset association against a member or participant; review of action by appropriate commission; procedure (1) In general If a digital asset association imposes any final disciplinary sanction on any member of the association, or any participant with respect to the association, denies membership or participation to any applicant, prohibits or limits any person from accessing services offered by the association or a member of the association, imposes any final disciplinary sanction on any person associated with a member, or bars any person from becoming associated with a member, the digital asset association shall promptly file notice of that action with the appropriate commission. (2) Review (A) In general Any action with respect to which a digital asset association is required to file notice under paragraph (1) shall be subject to review by the appropriate commission for the applicable member, participant, applicant, or other person, on its own motion, or upon application by any person aggrieved by that action if filed not later than 30 days after the date on which the notice was filed with the appropriate commission and received by the aggrieved person, or within such longer period as the appropriate commission may determine. (B) Application Application to the appropriate commission for review, or the institution of review by the commission on its own motion, shall not operate as a stay of an action described in subparagraph (A) unless the appropriate commission otherwise orders, summarily or after notice and opportunity for hearing on the question of a stay, which may consist solely of the submission of affidavits or presentation of oral arguments. (C) Stays For the purposes of this paragraph, each of the appropriate commissions shall establish for appropriate cases an expedited procedure for consideration and determination of the question of a stay. (3) Applicability This subsection shall apply only to the extent that a digital asset association imposes any final disciplinary sanction for— (A) a violation of Federal law or the rules issued under Federal law; or (B) a violation of a rule of the digital asset association, as to which a proposed change would be required to be filed under this section. (e) Disposition of review; cancellation, reduction, or remission of sanction (1) In general In any proceeding to review a final disciplinary sanction imposed by a digital asset association on a member of the association, a participant with respect to the association, or a person associated with such a member, after notice and opportunity for hearing, which may consist solely of consideration of the record before the digital asset association and opportunity for the presentation of supporting reasons to affirm, modify, or set aside the sanction— (A) if the appropriate commission finds that such member, participant, or person associated with a member has engaged in such acts or practices, or has omitted such acts, as the digital asset association has found that person to have engaged in or omitted, that such acts or practices, or omissions to act, are in violation of law, the rules thereunder, or the rules of the digital asset association, and that such provisions are, and were applied in a manner, consistent with law, the commission, by order, shall— (i) make a declaration regarding that finding; and (ii) as appropriate— (I) affirm the sanction imposed by the digital asset association; (II) modify the sanction in accordance with paragraph (2); or (III) remand to the digital asset association for further proceedings; or (B) if the appropriate commission does not make a finding described in subparagraph (A), the commission shall, by order— (i) set aside the sanction imposed by the digital asset association; and (ii) if appropriate, remand to the digital asset association for further proceedings. (2) Modification If the appropriate commission for a member, participant, or person associated with a member, having due regard for the public interest and customer protection, finds, after a proceeding under paragraph (1), that a sanction imposed by a digital asset association upon that member, participant, or person associated with a member imposes any burden on competition not necessary or appropriate or is excessive or oppressive, the commission may cancel, reduce, or require the remission of that sanction. (f) Dismissal of review proceeding (1) In general In any proceeding to review the denial of membership or participation in a digital asset association to any applicant, the barring of any person from becoming associated with a member of a digital asset association, or the prohibition or limitation by a digital asset association of any person from accessing services offered by the digital asset association or any member of the association, if the appropriate commission, after notice and opportunity for hearing, which may consist solely of consideration of the record before the digital asset association and opportunity for the presentation of supporting reasons to dismiss the proceeding or set aside the action of the digital asset association, finds that the specific grounds on which that denial, bar, or prohibition or limitation is based exist in fact, that such denial, bar, or prohibition or limitation is in accordance with the rules of the digital asset association, and that such rules are, and were applied in a manner, consistent with law, the appropriate commission, by order, shall dismiss the proceeding. (2) Failure to make finding If the appropriate commission does not make a finding described in paragraph (1), or if the commission finds that the applicable denial, bar, prohibition, or limitation imposes any burden on competition not necessary or appropriate, the commission, by order, shall set aside the action of the digital asset association and require the association to admit the applicable applicant to membership or participation, permit that person to become associated with a member, or grant that person access to services offered by the digital asset association or a member of the association. (g) Suspension or revocation of digital asset association registration; other sanctions (1) In general If necessary or appropriate in the public interest, for customer protection, or otherwise in furtherance of the purposes of this section, the appropriate commissions, voting separately, may issue a joint order suspending for a period not exceeding 1 year or revoking the registration of a digital asset association, or censuring or imposing limitations upon the activities, functions, and operations of a digital asset association, if, the commissions find, on the record after notice and opportunity for hearing, that the digital asset association— (A) has violated or is unable to comply with any provision of law, rule, or the rules of the association without reasonable justification or excuse; or (B) has failed to enforce compliance with any provision by a member of the association or a person associated with a member of the association. (2) Expulsion The appropriate commission may, by order, if necessary or appropriate in the public interest, for customer protection, or otherwise in furtherance of the purposes of this section, to suspend for a period not exceeding 1 year or expel from a digital asset association, any member of a digital asset association, or participant with respect to a digital asset association, if such member or participant is subject to an order of the commission or if the commission, on the record after notice and opportunity for hearing, determines that the member or participant has willfully violated, or has effected any transaction for any other person who the member or participant had reason to believe was violating, with respect to such transaction any applicable provision of law under the jurisdiction of the commission. (3) Bar on association The applicable commission may, by order, if necessary or appropriate in the public interest, for customer protection, or otherwise in furtherance of the purposes of this section, to suspend for a period not exceeding 1 year or to bar any person from being associated with a member of such digital asset association, if the person is subject to an order of the appropriate commission or if the appropriate commission finds, on the record after notice and opportunity for hearing, that the person has willfully violated, or has effected any transaction for any other person who the person associated with a member had reason to believe was violating, with respect to the transaction any applicable provision of law under the jurisdiction of the commission. (4) Removal from office If necessary or appropriate in the public interest, for customer protection, or otherwise in furtherance of the purposes of this section, the Securities and Exchange Commission and the Commodity Futures Trading Commission, voting separately, may, by joint order, remove from office or censure any person who is, or at the time of the alleged misconduct was, an officer or director of a digital asset association, if the commissions find, on the record after notice and opportunity for a hearing before an impartial hearing officer, that such person has willfully violated any provision of law, the rules thereunder, or the rules of such digital asset association, willfully abused the authority of the person, or without reasonable justification or excuse has failed to enforce compliance with any provision of law by any member or person associated with a member. (h) Interagency working group The Securities and Exchange Commission and the Commodity Futures Trading Commission shall each appoint an equal number of employees, under the supervision of the Chairman of the respective commissions, to an interagency working group, which shall coordinate and facilitate the responsibilities and powers of the respective commissions under this chapter. . (b) Technical and conforming amendment The table of sections for chapter 98 of title 31, United States Code, as amended by section 3, is amended by adding at the end the following: 9803. Registration, rulemaking, and supervision of digital asset associations. . 5. Records and reports; duties and powers of registered digital asset associations (a) In general Chapter 98 of title 31, United States Code, as amended by section 4, is amended by adding at the end the following: 9804. Records and reports; duties and powers of registered digital asset associations (a) In general Each member of a registered digital asset association shall make, and keep for prescribed periods, such electronic records and disseminate reports as the registered digital asset association, by rule, prescribes as necessary or appropriate in the public interest. (b) Records subject to examination (1) Procedures for cooperation with other agencies (A) In general All records of a member described in subsection (a) are subject at any time, or from time to time, to reasonable periodic, special, or other examinations by the registered digital asset association of the member. (B) Notice Before conducting an examination under subparagraph (A), the examining authority shall— (i) inform all other relevant regulatory agencies and digital asset associations with jurisdiction over the member regarding the proposed examination; and (ii) consult concerning the feasibility and desirability of coordinating such examination with examinations conducted by other entities with a view to avoiding unnecessary duplication and undue regulatory burden. (C) Examinations of members Upon a showing of good cause, the Securities and Exchange Commission or the Commodity Futures Trading Commission, as applicable, may conduct a special examination of a registered digital asset association or a member of such an association. (D) Report With respect to an examination under this paragraph, the examining authority shall share such information, including reports of the examination, customer complaint information, and other nonpublic regulatory information, as may be appropriate to foster a coordinated approach to regulatory oversight for members that are subject to examination by more than 1 examining authority. (E) Requirements when examination not ongoing A registered digital asset association, at all times when an examination under this paragraph is not in progress, shall conduct ongoing supervision of members of the association, as may be provided by the rules of the association. (2) Clarification Notwithstanding any other provision of this subsection, the records of a member of a registered digital asset association shall not be subject to routine periodic examinations by the Securities and Exchange Commission or the Commodity Futures Trading Commission. (3) Examination standards Each registered digital asset association shall— (A) adopt tailored supervision and examination standards commensurate with the size and complexity of the association and risks faced by members of the association; (B) to the extent reasonably possible, reduce the regulatory burden for emerging growth companies, as defined in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) ), including through the use of self-certification and expedited or automated examinations; and (C) in consultation with other registered digital asset associations, develop standard form customer agreements for the execution of digital asset transactions. (c) Registered digital asset associations (1) In general The Securities and Exchange Commission and Commodity Futures Trading Commission, shall, by rule or order, in order to foster cooperation and coordination among registered digital asset associations— (A) with respect to any person that is a member of or participant in more than 1 registered digital asset association, relieve any registered digital asset association of any responsibility— (i) to receive regulatory reports from the person; (ii) to examine the person for compliance; or (iii) to carry out other specified regulatory functions with respect to the person; and (B) allocate among registered digital asset associations the authority to adopt rules with respect to matters as to which, in the absence of the allocation, such registered digital asset associations share authority. (2) Considerations (A) In general In making a rule, or entering an order, under paragraph (1), the appropriate commission shall take into consideration the regulatory capabilities and procedures of the applicable registered digital asset associations, availability of staff, convenience of location, unnecessary regulatory duplication, and all other factors applicable to customer protection, cooperation and coordination among registered digital asset associations, and the development of a healthy digital asset market, which may include providing for the acceptance of examination reports prepared by a registered digital asset association under this chapter with respect to a digital asset intermediary for which digital asset activities constitute a majority of business, in lieu of examinations conducted by other registered digital asset associations. (B) Notification requirement The Securities and Exchange Commission or Commodity Futures Trading Commission, by rule or order, may require that a registered digital asset association relieved of any responsibility under this paragraph, and any person with respect to which that responsibility relates, to take such steps as are specified in any rule or order to notify customers of, and persons doing business with, the person of the limited nature of the responsibility of that registered digital asset association for the acts, practices, and course of business of the person. (d) Missing and stolen digital assets Each member of a registered digital asset association or other financial institution conducting digital asset transactions shall report to the Financial Crimes Enforcement Network of the Department of the Treasury such information as may be required by rule relating to digital asset theft or missing private keys for the possession or control of digital assets. (e) Confidentiality (1) Sharing of information (A) In general Section 24 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78x ) shall apply to the sharing of information by the Securities and Exchange Commission and Commodity Futures Trading Commission in accordance with this subsection. (B) Protection from inappropriate disclosure The commissions and a registered digital asset association shall ensure that all confidential information is not inappropriately disclosed pursuant to subparagraph (A). (2) Appropriate disclosure not prohibited Nothing in this subsection may be construed to authorize the Securities and Exchange Commission and Commodity Futures Trading Commission or a registered digital asset association to— (A) withhold information from Congress; or (B) prevent the commissions or an association from complying with— (i) a request for information from any Federal or State department or agency requesting the information for purposes within the scope of the jurisdiction of that department or agency; or (ii) an order of a court of the United States in an action brought by the United States or the commissions. (f) Best execution A registered digital asset association, in consultation with members of the association, the Securities and Exchange Commission, and the Commodity Futures Trading Commission, shall develop rules governing the best execution of digital asset transactions. (g) Initial determination of legal character (1) In general (A) Initial determination A registered digital asset association may make an initial determination of the legal character of a digital asset as a security, an ancillary asset, a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )), or as otherwise provided by law, upon the written request of a member of the association. (B) Consultation; hearings Upon receipt of a request under subparagraph (A), a registered digital asset association— (i) shall consult with the commissions and make an initial determination regarding the request, after public notice and comment, not later than 45 days after the date on which the association receives the request; and (ii) may hold a public hearing with respect to an initial determination described in clause (i), if— (I) the matter is of significant precedential value or complex; or (II) holding such a hearing is otherwise in the public interest. (2) Publication A registered digital asset association shall publish all determinations made under paragraph (1) on the website of the association. (h) Objection to initial determination (1) In general (A) Deadline for objection Not later than 30 days after the date on which an initial determination is made under subsection (g), the Securities and Exchange Commission or Commodity Futures Trading Commission may object to the initial determination of the registered digital asset association by issuing an order, after public notice, comment, and a hearing. (B) Effect of objection Upon an objection under subparagraph (A), the initial determination to which the objection applies shall be held in abeyance. (2) Order (A) In general Not later than 60 days after the date on which a commission objects under paragraph (1), the commissions shall, after public notice and comment of not less than 30 days, issue an order resolving the objection and the status of the digital asset, as described in subsection (g)(1)(A), which may include joint responsibility of the commissions. (B) Failure to issue If the Securities and Exchange Commission and the Commodity Futures Trading Commission fail to issue a joint order under subparagraph (A), the determination of the registered digital asset association under subsection (g) shall become final, unless an action is brought in an appropriate district court of the United States of competent jurisdiction. . (b) Technical and conforming amendment The table of sections for chapter 98 of title 31, United States Code, as amended by section 4, is amended by adding at the end the following: 9804. Records and reports; duties and powers of registered digital asset associations. . | https://www.govinfo.gov/content/pkg/BILLS-117s5286is/xml/BILLS-117s5286is.xml |
117-s-5287 | II 117th CONGRESS 2d Session S. 5287 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Moran (for himself, Mr. Warner , Mr. Blunt , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To jump-start economic recovery through the formation and growth of new businesses, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Startup 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. Conditional permanent resident status for immigrants with an advanced degree in a STEM field. Sec. 4. Immigrant entrepreneurs. Sec. 5. Elimination of the per country numerical limitation for employment-based visas. Sec. 6. Accelerated commercialization of taxpayer-funded research. Sec. 7. Regional innovation clusters. Sec. 8. Economic impact of significant Federal agency rules. Sec. 9. Federal and State Technology Partnership Program. Sec. 10. Biennial State startup business report. Sec. 11. New business formation report. Sec. 12. Rescission of unspent Federal funds. 2. Findings Congress makes the following findings: (1) Achieving economic recovery will require the formation and growth of new companies. (2) Between 1980 and 2005, companies that were less than 5 years old accounted for nearly all net job creation in the United States. (3) New firms in the United States create an average of 3,000,000 jobs per year. (4) To get Americans back to work, entrepreneurs must be free to innovate, create new companies, and hire employees. 3. Conditional permanent resident status for immigrants with an advanced degree in a STEM field (a) In general Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1181 et seq. ) is amended by inserting after section 216A the following: 216B. Conditional permanent resident status for aliens with an advanced degree in a STEM field (a) In general Notwithstanding any other provision of this Act, the Secretary of Homeland Security may— (1) adjust the status of not more than 50,000 aliens who have earned a master’s degree or a doctorate degree at an institution of higher education in a STEM field to that of an alien conditionally admitted for permanent residence; and (2) authorize each alien granted an adjustment of status under paragraph (1) to remain in the United States— (A) for up to 1 year after the expiration of the alien’s student visa under section 101(a)(15)(F)(i) if the alien is diligently searching for an opportunity to become actively engaged in a STEM field; and (B) indefinitely if the alien remains actively engaged in a STEM field. (b) Application for conditional permanent resident status Every alien applying for conditional permanent resident status under this section shall submit an application to the Secretary of Homeland Security before the expiration of the alien’s student visa in such form and manner as the Secretary shall prescribe by regulation. (c) Ineligibility for Federal Government assistance An alien granted conditional permanent resident status under this section shall not be eligible, while in such status, for— (1) any unemployment compensation (as defined in section 85(b) of the Internal Revenue Code of 1986); or (2) any Federal means-tested public benefit (as that term is used in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 )). (d) Effect on naturalization residency requirement An alien granted conditional permanent resident status under this section shall be deemed to have been lawfully admitted for permanent residence for purposes of meeting the 5-year residency requirement under section 316(a)(1). (e) Removal of condition The Secretary of Homeland Security shall remove the conditional basis of an alien’s conditional permanent resident status under this section on the date that is 5 years after the date such status was granted if the alien maintained his or her eligibility for such status during the entire 5-year period. (f) Definitions In this section: (1) Actively engaged in a STEM field The term actively engaged in a STEM field — (A) means— (i) gainfully employed in a for profit business or nonprofit organization in the United States in a STEM field; (ii) teaching 1 or more STEM field courses at an institution of higher education; or (iii) employed by a Federal, State, or local government entity; and (B) includes any period of up to 6 months during which the alien does not meet the requirement under subparagraph (A) if such period was immediately preceded by a 1-year period during which the alien met the requirement under subparagraph (A). (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) STEM field The term STEM field means any field of study or occupation included on the most recent STEM-Designated Degree Program List published in the Federal Register by the Department of Homeland Security (as described in section 214.2(f)(11)(i)(C)(2) of title 8, Code of Federal Regulations). . (b) Clerical amendment The table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 note) is amended by inserting after the item relating to section 216A the following: Sec. 216B. Conditional permanent resident status for aliens with an advanced degree in a STEM field. . (c) Government Accountability Office study (1) In general Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress regarding the alien college graduates who were granted immigrant status under section 216B of the Immigration and Nationality Act, as added by subsection (a). (2) Contents The report required under paragraph (1) shall include— (A) the number of aliens described in paragraph (1) who have earned a master’s degree, broken down by the number of such degrees in science, technology, engineering, and mathematics; (B) the number of aliens described in paragraph (1) who have earned a doctorate degree, broken down by the number of such degrees in science, technology, engineering, and mathematics; (C) the number of aliens described in paragraph (1) who have founded a business in the United States in a STEM field; (D) the number of aliens described in paragraph (1) who are employed in the United States in a STEM field, broken down by employment sector (for-profit, nonprofit, or government); and (E) the number of aliens described in paragraph (1) who are employed by an institution of higher education. (3) Definitions The terms institution of higher education and STEM field have the meanings given such terms in section 216B(f) of the Immigration and Nationality Act, as added by subsection (a). 4. Immigrant entrepreneurs (a) Qualified alien entrepreneurs (1) Admission as immigrants Chapter 1 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by adding at the end the following: 210A. Qualified alien entrepreneurs (a) Admission as immigrants The Secretary of Homeland Security may issue a conditional immigrant visa, in accordance with this section and section 216A, to not more than 75,000 qualified alien entrepreneurs. (b) Application for conditional permanent resident status Every alien applying for a conditional immigrant visa under this section shall submit an application to the Secretary of Homeland Security in such form and manner as the Secretary shall prescribe by regulation. (c) Revocation If, during the 4-year period beginning on the date on which an alien is granted a visa under this section, the Secretary of Homeland Security determines that the alien is no longer a qualified alien entrepreneur, the Secretary shall— (1) revoke such visa; and (2) notify the alien that he or she— (A) may voluntarily depart from the United States in accordance with section 240B; or (B) will be subject to removal proceedings under section 240 if the alien does not depart from the United States not later than 6 months after receiving notification under this paragraph. (d) Removal of conditional basis The Secretary of Homeland Security shall remove the conditional basis of the status of an alien issued an immigrant visa under this section on that date that is 4 years after the date on which such visa was issued if such visa was not revoked pursuant to subsection (c). (e) Definitions In this section: (1) Full-time employee The term full-time employee means a United States citizen or legal permanent resident who is paid by the new business entity registered by a qualified alien entrepreneur at a rate that is comparable to the median income of employees in the region. (2) Qualified alien entrepreneur The term qualified alien entrepreneur means an alien who— (A) at the time the alien applies for an immigrant visa under this section— (i) is lawfully present in the United States; and (ii) (I) holds a nonimmigrant visa issued pursuant to section 101(a)(15)(H)(i)(b); or (II) holds a nonimmigrant visa issued pursuant to section 101(a)(15)(F)(i); (B) during the 1-year period beginning on the date the alien is granted a visa under this section— (i) registers at least 1 new business entity in a State; (ii) employs, at such business entity in the United States, at least 2 full-time employees who are not relatives of the alien; and (iii) invests, or raises capital investment of, not less than $100,000 in such business entity; and (C) during the 3-year period beginning on the last day of the 1-year period described in paragraph (2), employs, at such business entity in the United States, an average of at least 5 full-time employees who are not relatives of the alien. . (2) Clerical amendment The table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 note) is amended by adding after the item relating to section 210 the following: Sec. 210A. Qualified alien entrepreneurs. . (b) Conditional permanent resident status Section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b ) is amended— (1) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; (2) in subsection (b)(1)(C), by striking 203(b)(5), and inserting 203(b)(5) or 210A, as appropriate, ; (3) in subsection (c)(1), by striking alien entrepreneur must each place such term appears and inserting alien entrepreneur shall ; (4) in subsection (d)(1)(B), by striking the period at the end and inserting or 210A, as appropriate. ; and (5) in subsection (f)(1), by striking the period at the end and inserting or 210A. . (c) Government Accountability Office study (1) In general Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress regarding the qualified alien entrepreneurs who were granted immigrant status under section 210A of the Immigration and Nationality Act, as added by subsection (a). (2) Contents The report described in paragraph (1) shall include information regarding— (A) the number of qualified alien entrepreneurs who have received immigrant status under section 210A of the Immigration and Nationality Act, as added by subsection (a), listed by country of origin; (B) the localities in which such qualified alien entrepreneurs have initially settled; (C) whether such qualified alien entrepreneurs generally remain in the localities in which they initially settle; (D) the types of commercial enterprises that such qualified alien entrepreneurs have established; and (E) the types and number of jobs created by such qualified alien entrepreneurs. 5. Elimination of the per country numerical limitation for employment-based visas (a) In general Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ) is amended— (1) in the paragraph heading, by striking and employment-based ; (2) by striking (3), (4), and (5), and inserting (3) and (4), ; (3) by striking subsections (a) and (b) of section 203 and inserting section 203(a) ; (4) by striking 7 and inserting 15 ; and (5) by striking such subsections and inserting such section . (b) Conforming amendments Section 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended— (1) in subsection (a)— (A) in paragraph (3), by striking both subsections (a) and (b) of section 203 and inserting section 203(a) ; and (B) by striking paragraph (5); and (2) by amending subsection (e) to read as follows: (e) Special rules for countries at ceiling If the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a). . (c) Country-Specific offset Section 2 of the Chinese Student Protection Act of 1992 ( 8 U.S.C. 1255 note) is amended— (1) in subsection (a), by striking subsection (e)) and inserting subsection (d)) ; and (2) by striking subsection (d) and redesignating subsection (e) as subsection (d). (d) Effective date The amendments made by this section shall take effect on September 30, 2022, and shall apply to fiscal years beginning with fiscal year 2023. (e) Transition rules for employment-Based immigrants (1) In general Subject to this subsection and notwithstanding title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ), the following rules shall apply: (A) For fiscal year 2023, 15 percent of the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of such Act ( 8 U.S.C. 1153(b) ) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not 1 of the 2 foreign states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2021 under such paragraphs. (B) For fiscal year 2024, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not 1 of the 2 foreign states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2022 under such paragraphs. (C) For fiscal year 2025, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not 1 of the 2 foreign states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2023 under such paragraphs. (2) Per-country levels (A) Reserved visas With respect to the visas reserved under each of subparagraphs (A) through (C) of paragraph (1), the number of such visas made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas. (B) Unreserved visas With respect to the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) and not reserved under paragraph (1), for each of the fiscal years 2023, 2024, and 2025, not more than 85 percent shall be allotted to immigrants who are natives of any single foreign state. (3) Special rule to prevent unused visas If, with respect to fiscal year 2023, 2024, or 2025, the operation of paragraphs (1) and (2) would prevent the total number of immigrant visas made available under paragraph (2) or (3) of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) from being issued, such visas may be issued during the remainder of such fiscal year without regard to such paragraphs (1) and (2). (4) Rules for chargeability Section 202(b) of the Immigration and Nationality Act ( 8 U.S.C. 1152(b) ) shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection. 6. Accelerated commercialization of taxpayer-funded research (a) Definitions In this section: (1) Council The term Council means the Advisory Council on Innovation and Entrepreneurship of the Department of Commerce established pursuant to section 25(c) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3720(c) ). (2) Eligible entity The term eligible entity means— (A) an institution of higher education; or (B) a venture development organization. (3) Extramural budget (A) In general Except as provided in subparagraph (B), the term extramural budget means the sum of the total obligations minus amounts obligated for such activities by employees of the agency in or through Government-owned, Government-operated facilities. (B) Exceptions The term extramural budget shall not include— (i) with respect to the Department of Energy, amounts obligated for— (I) atomic energy defense programs solely for weapons activities; or (II) naval reactor programs; and (ii) with respect to United States Agency for International Development, amounts obligated solely for— (I) general institutional support of international research centers; or (II) grants to foreign countries. (4) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) Nonprofit organization The term nonprofit organization means an entity or organization— (A) (i) described in section 501(c)(3) of the Internal Revenue Code of 1986; and (ii) exempt from taxation under 501(a) of such Act; or (B) described in paragraph (1) or (2) of section 170(c) of such Act. (6) Research or research and development The terms research and research and development mean any activity that is— (A) a systematic, intensive study directed toward greater knowledge or understanding of the subject studied; (B) a systematic study directed specifically toward applying new knowledge to meet a recognized need; or (C) a systematic application of knowledge toward the production of useful materials, devices, and systems or methods, including design, development, and improvement of prototypes and new processes to meet specific requirements. (7) Secretary The term Secretary means the Secretary of Commerce. (8) State organization The term State organization means an entity that has been created by— (A) a State; (B) the Commonwealth of Puerto Rico; or (C) the District of Columbia. (9) Venture development organization The term venture development organization means a State or nonprofit organization that contributes to regional or sector-based economic prosperity by providing a portfolio of services intended to accomplish at least 3 of the following purposes: (A) Accelerating the commercialization of research or research and development. (B) Assisting in the creation of high-growth private enterprises that are commercializing technology. (C) Strengthening the competitive position of existing small- and medium-sized enterprises through the development, commercial adoption, or deployment of technology. (D) Providing expert assistance to— (i) private companies; (ii) faculty, staff, and students of institutions of higher education who are commercializing new products or services; or (iii) entrepreneurs who are commercializing new products or services. (E) Providing financial grants, loans, or direct financial investment in companies that are commercializing technology. (b) Grant program authorized (1) In general Each Federal agency that has an extramural budget for research or research and development that is in excess of $100,000,000 for each of the fiscal years 2023 through 2027, shall transfer 0.15 percent of such extramural budget for each of such fiscal years to the Secretary to enable the Secretary to carry out a grant program in accordance with this subsection. (2) Grants (A) Awarding of grants (i) In general From funds transferred pursuant to paragraph (1), the Secretary shall use the criteria developed by the Council to award grants to eligible entities for initiatives to improve commercialization and transfer of technology. (ii) Request for proposals Not later than 30 days after the Council submits the recommendations for criteria to the Secretary under subsection (c)(4)(B), and annually thereafter for each fiscal year for which the grant program is authorized, the Secretary shall release a request for proposals. (iii) Applications Eligible entities that desire to receive a grant under this subsection shall submit an application to the Secretary not later than 90 days after the Secretary releases the request for proposals under clause (ii). (iv) Council review (I) In general The Secretary shall submit each application received under clause (iii) to the Council for Council review. (II) Recommendations The Council shall review each application received under subclause (I) and submit recommendations for grant awards to the Secretary, including funding recommendations for each proposal. (III) Public release The Council shall publicly release any recommendations made under subclause (II). (IV) Consideration of recommendations In awarding grants under this subsection, the Secretary shall take into consideration the recommendations of the Council under subclause (II). (B) Commercialization capacity building grants (i) In general The Secretary shall award grants to eligible entities to support specific innovative initiatives to improve the regional capacity for private companies, faculty, staff, and students of institutions of higher education, or entrepreneurs to commercialize technology originating from federally funded research. (ii) Content of proposals Grants shall be awarded under this subparagraph for— (I) proposals demonstrating the capacity for accelerated commercialization, proof-of-concept proficiency, and translating scientific discoveries and cutting-edge inventions into technological innovations and new companies; and (II) innovative approaches to achieving the goals referred to in subclause (I) that can be replicated by other institutions of higher education or venture development organizations if the innovative approaches are successful. (3) Assessment of success Grants awarded under this subsection shall use criteria for assessing the success of programs through the establishment of benchmarks. (4) Termination The Secretary is authorized to terminate grant funding to an eligible entity in accordance with the process and performance metrics recommended by the Council. (5) Limitations (A) Project management costs A grant recipient may use not more than 10 percent of grant funds awarded under this subsection for the purpose of funding project management costs of the grant program. (B) Supplement, not supplant An eligible entity that receives a grant under this subsection shall use the grant funds to supplement, and not to supplant, non-Federal funds that would, in the absence of such grant funds, be made available for activities described in this section. (6) Unspent funds Any funds transferred to the Secretary under paragraph (1) for a fiscal year that are not expended by the end of such fiscal year may be expended in any subsequent fiscal year through fiscal year 2027. Any funds transferred under paragraph (1) that are remaining at the end of the grant program's authorization under this subsection shall be transferred to the Treasury for deficit reduction. (c) Council (1) In general Not later than 120 days after the date of the enactment of this Act, the Council shall convene and develop recommendations for criteria in awarding grants to eligible entities under subsection (b). (2) Submission to department of commerce and public release The Council shall— (A) submit the recommendations described in paragraph (1) to the Secretary; and (B) release the recommendations to the public. (3) Majority vote The recommendations submitted by the Council under paragraph (2) shall be determined by a majority vote of Council members. (4) Performance metrics The Council shall develop and provide to the Secretary recommendations on performance metrics to be used to evaluate grants awarded under subsection (b). (5) Evaluation (A) In general Not later than 180 days before the expiration of the grant program authorized under subsection (b), the Council shall evaluate the effect of the grant program on accelerating the commercialization of technology originating from federally funded research or research and development. (B) Inclusions The evaluation under subparagraph (A) shall include— (i) the recommendation of the Council as to whether the grant program should be continued or terminated; (ii) quantitative data related to the effect, if any, that the grant program has had on accelerating the commercialization of technology originating from federally funded research and research and development; and (iii) a description of the lessons learned in administering the grant program, and how such lessons could be applied to future efforts to accelerate the commercialization of technology originating from federally funded research or research and development. (C) Availability The results of the evaluation under subparagraph (A) shall be made available on a public website and submitted to Congress. The Secretary shall notify all institutions of higher education when the evaluation is published and how it can be accessed. (d) Rule of construction Nothing in this section may be construed to alter, modify, or amend any provision of chapter 18 of title 35, United States Code (commonly known as the Bayh-Dole Act ). 7. Regional innovation clusters (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Small Business Administration. (2) Alaska Native Corporation The term Alaska Native Corporation has the meaning given the term Native Corporation in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (3) Award The term award means a contract, grant, or cooperative agreement. (4) Cluster initiative The term Cluster Initiative means a formally organized effort to promote the growth and competitiveness of an industry sector through collaborative activities among Industry Cluster participants that is led by— (A) a State; (B) an Indian Tribe, an Alaska Native Corporation, or a Native Hawaiian Organization; (C) a city or other political subdivision of a State; (D) a nonprofit organization, including an institution of higher education or a venture development organization; or (E) a small business concern. (5) Industry cluster The term Industry Cluster means a geographic concentration, relative to the size of the region under consideration, of interconnected businesses, suppliers, service providers, and associated institutions in an industry sector, including advanced manufacturing, precision agriculture, cybersecurity, biosciences, water technologies, energy production and efficiency, and outdoor recreation. (6) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (8) Native Hawaiian Organization The term Native Hawaiian Organization has the meaning given the term in section 8(a)(15) of the Small Business Act ( 15 U.S.C. 637(a)(15) ). (9) 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 ). (10) State The term State means each of the several States 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 other territory or possession of the United States. (b) Supporting industry clusters (1) Authorization The Administrator shall make awards to Cluster Initiatives that strengthen Industry Clusters in accordance with the requirements under this subsection. (2) Industry cluster outcomes Cluster Initiatives shall be assessed according to their performance along the following metrics: (A) Growth in number of small business concerns participating in the Industry Cluster and support industries. (B) Growth in number of small business concern startups in the Industry Cluster. (C) Growth in total capital, including revenue and equity investments, flowing to small business concern participants in the Industry Cluster. (D) Growth in job creation by small business concerns or, in regions with declining total employment, job retention by small business concerns in the Industry Cluster. (E) Growth in new products, services, or business lines. (F) Growth in new technologies developed within the Industry Cluster. (3) Reporting The Administrator shall require Cluster Initiatives to submit annual reports documenting the outcomes under paragraph (2) and the activities contributing to such outcomes. (4) Selection criteria In making awards to Cluster Initiatives under this subsection, the Administrator shall consider— (A) the probable impact of the Cluster Initiative on the competitiveness of the Industry Cluster, including— (i) whether the Cluster Initiative will be inclusive of any and all organizations that might benefit from participation, including startups, small business concerns not locally owned, and small business concerns rival to existing members of the Industry Cluster; and (ii) whether the Cluster Initiative will encourage broad participation by and collaboration among all types of participants; (B) if the proposed Cluster Initiative fits within a broader and achievable economic development strategy; (C) the capacity and commitment of the sponsoring organization of the Cluster Initiative organization, including— (i) the expected ability of the Cluster Initiative to access additional funds from other sources; and (ii) the capacity of the Cluster Initiative to sustain activities once grant funds have been expended; (D) the degree of involvement from relevant State and regional economic and workforce development organizations, other public purpose institutions (such as universities, community colleges, venture development organizations, and workforce boards), and the private sector, including industry associations; (E) the extent to which economic diversity across regions of the United States would be increased through the award; and (F) the geographic distribution of Cluster Initiatives around the United States. (5) Initial award The Administrator may make a 1-year award (not to exceed $1,000,000) with each Cluster Initiative. (6) Renewal (A) In general The Administrator may renew an award made to a Cluster Initiative under paragraph (5)— (i) for 1 year in an amount not to exceed $750,000 per year; and (ii) for a total period not to exceed 5 years. (B) Requirement A Cluster Initiative shall compete in a new funding opportunity to receive any further awards under this subsection. (7) Matching funds (A) In general As a condition of receiving an award under this subsection, a Cluster Initiative shall provide $1 in non-Federal matching funds, including in-kind contributions, for every $2 received under the award. (B) Waiver The Administrator may waive part of the matching funds requirement under subparagraph (A) for a Cluster Initiative that— (i) has not previously received an award under this subsection; or (ii) supports a noncore area, a micropolitan area, or a small metropolitan statistical area with a population of not more than 200,000. (8) Competitive process The Administrator shall enter into new awards under this subsection for each year that appropriations are available. (c) Feasibility study awards (1) In general The Administrator may make awards for feasibility studies, planning, and operations to support the launch of new Cluster Initiatives. (2) Amount The total amount of awards made under paragraph (1) shall not exceed $250,000. (3) Eligible recipients The Administrator may make awards under paragraph (1) to— (A) a State; (B) an Indian Tribe, an Alaska Native Corporation, or a Native Hawaiian Organization; (C) a city or other political subdivision of a State; (D) a nonprofit organization, including an institution of higher education or a venture development organization; or (E) a consortium consisting of entities described in subparagraphs (A) through (D). (d) Authorization of appropriations There are authorized to be appropriated $50,000,000 for fiscal year 2023 and for each subsequent fiscal year to carry out this section. 8. Economic impact of significant Federal agency rules Section 553 of title 5, United States Code, is amended by adding at the end the following: (f) Required review before issuance of significant rules (1) Defined term In this subsection the term significant rule means a rule that is likely— (A) to have an annual effect on the economy of $100,000,000 or more; (B) to adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; or (C) to create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. (2) Review Before issuing a notice of proposed rulemaking in the Federal Register regarding the issuance of a significant rule, the head of the Federal agency or independent regulatory agency seeking to issue the rule shall complete a review, to the extent permitted by law, that— (A) analyzes the problem that the proposed rule intends to address, including— (i) the specific market failure, such as externalities, market power, or lack of information, that justifies such rule; or (ii) any other specific problem, such as the failures of public institutions, that justifies such rule; (B) analyzes the expected impact of the proposed rule on the ability of new businesses to form and expand; (C) identifies the expected impact of the proposed rule on State, local, and tribal governments, including the availability of resources— (i) to carry out the mandates imposed by the rule on such government entities; and (ii) to minimize the burdens that uniquely or significantly affect such governmental entities, consistent with achieving regulatory objectives; (D) identifies any conflicting or duplicative regulations; (E) determines— (i) if existing laws or regulations created, or contributed to, the problem that the new rule is intended to correct; and (ii) if the laws or regulations referred to in clause (i) should be modified to more effectively achieve the intended goal of the rule; and (F) includes the cost-benefit analysis described in paragraph (3). (3) Cost-benefit analysis A cost-benefit analysis described in this paragraph shall include— (A) (i) an assessment, including the underlying analysis, of benefits anticipated from the proposed rule, such as— (I) promoting the efficient functioning of the economy and private markets; (II) enhancing health and safety; (III) protecting the natural environment; and (IV) eliminating or reducing discrimination or bias; and (ii) the quantification of the benefits described in clause (i), to the extent feasible; (B) (i) an assessment, including the underlying analysis, of costs anticipated from the proposed rule, such as— (I) the direct costs to the Federal Government to administer the rule; (II) the direct costs to businesses and others to comply with the rule; and (III) any adverse effects on the efficient functioning of the economy, private markets (including productivity, employment, and competitiveness), health, safety, and the natural environment; and (ii) the quantification of the costs described in clause (i), to the extent feasible; (C) (i) an assessment, including the underlying analysis, of costs and benefits of potentially effective and reasonably feasible alternatives to the proposed rule, which have been identified by the agency or by the public, including taking reasonably viable nonregulatory actions; and (ii) an explanation of why the proposed rule is preferable to the alternatives identified under clause (i). (4) Report Before issuing a notice of proposed rulemaking in the Federal Register regarding the issuance of a significant rule, the head of the Federal agency or independent regulatory agency seeking to issue the rule shall— (A) submit the results of the review conducted under paragraph (2) to the appropriate congressional committees; and (B) post the results of the review conducted under paragraph (2) on a publicly available website. (5) Judicial review Any determinations made, or other actions taken, by an agency or independent regulatory agency under this subsection shall not be subject to judicial review. . 9. Federal and State Technology Partnership Program Section 34 of the Small Business Act ( 15 U.S.C. 657d ) is amended— (1) in subsection (c)— (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; (2) in subsection (h)(1), by striking $10,000,000 for each of fiscal years 2001 through 2005 and inserting $50,000,000 for each of the fiscal years 2023 through 2027 ; and (3) by striking subsection (i). 10. Biennial State startup business report (a) Data collection The Secretary of Commerce shall regularly compile information from each of the 50 States and the District of Columbia on State laws that affect the formation and growth of new businesses within the State or District. (b) Report Not later than 18 months after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of Commerce, using data compiled under subsection (a), shall prepare a report that— (1) analyzes the economic effect of State and District laws that either encourage or inhibit business formation and growth; and (2) ranks the States and the District based on the effectiveness with which their laws foster new business creation and economic growth. (c) Distribution The Secretary of Commerce shall— (1) submit each report prepared under subsection (b) to Congress; and (2) make each report available to the public on the website of the Department of Commerce. (d) Inclusion of large metropolitan areas Not later than 90 days after the submission of the first report under this section, the Secretary of Commerce shall submit to Congress a study on the feasibility and advisability of including, in future reports, information about the effect of local laws and ordinances on the formation and growth of new businesses in large metropolitan areas within the United States. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 11. New business formation report (a) In general The Secretary of Commerce shall regularly compile quantitative and qualitative information on businesses in the United States that are not more than 1 year old. (b) Data collection The Secretary of Commerce shall— (1) regularly compile information from the Bureau of the Census’ business register on new business formation in the United States; and (2) conduct quarterly surveys of business owners who start a business during the 1-year period ending on the date on which such survey is conducted to gather qualitative information about the factors that influenced their decision to start the business. (c) Random sampling In conducting surveys under subsection (b)(2), the Secretary may use random sampling to identify a group of business owners who are representative of all the business owners described in subsection (b)(2). (d) Benefits The Secretary of Commerce shall inform business owners selected to participate in a survey conducted under this section of the benefits they would receive from participating in the survey. (e) Voluntary participation Business owners selected to participate in a survey conducted under this section may decline to participate without penalty. (f) Report Not later than 18 months after the date of the enactment of this Act, and every 3 months thereafter, the Secretary of Commerce shall use the data compiled under subsection (b) to prepare a report that— (1) lists the aggregate number of new businesses formed in the United States; (2) lists the aggregate number of persons employed by new businesses formed in the United States; (3) analyzes the payroll of new businesses formed in the United States; (4) summarizes the data collected under subsection (b); and (5) identifies the most effective means by which government officials can encourage the formation and growth of new businesses in the United States. (g) Distribution The Secretary of Commerce shall— (1) submit each report prepared under subsection (f) to Congress; and (2) make each report available to the public on the website of the Department of Commerce. (h) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 12. Rescission of unspent Federal funds (a) In general Notwithstanding any other provision of law, of all available unobligated funds for fiscal year 2022, the amount necessary to carry out this Act and the amendments made by this Act in appropriated discretionary funds are hereby rescinded. (b) Implementation The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under subsection (a) shall apply and the amount of such rescission that shall apply to each such account. (c) Report Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-117s5287is/xml/BILLS-117s5287is.xml |
117-s-5288 | II 117th CONGRESS 2d Session S. 5288 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Klobuchar (for herself, Mr. Blunt , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require executive agencies and Federal courts to comply with address confidentiality programs, and for other purposes.
1. Short title This Act may be cited as the Safe at Home Act . 2. Executive agency and Federal court compliance with State address confidentiality programs (a) Definitions In this section: (1) Address confidentiality program The term address confidentiality program means a program implemented pursuant to State law that— (A) provides a designated address; (B) provides a mail-forwarding service; and (C) is designated by a participant as the legal agent of the participant to receive service of process. (2) Designated address The term designated address means an address assigned by an address confidentiality program for a participant to use in lieu of the physical address of the participant. (3) Executive agency (A) In general The term executive agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (B) Exception The term executive agency does not include the Census Bureau. (4) Participant The term participant means an adult or minor who is enrolled in an address confidentiality program. (5) Physical address The term physical address means the actual home, school, or employment address of a participant. (6) State The term State means each of the States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. (b) Acceptance of address confidentiality program Each executive agency and Federal court shall accept, for any purpose for which an individual is required to provide an address to the agency or court, an address designated to that individual pursuant to an address confidentiality program. (c) Exemption from liability A participant shall not be subject to Federal regulatory, civil, or criminal penalties for providing a designated address in lieu of the physical address of the participant to an executive agency or Federal court. (d) Regulatory compliance with address confidentiality programs Not later than 1 year after the date of the enactment of this Act, each executive agency shall review and, as necessary, modify existing regulations to comply with this Act. (e) Compliance with address confidentiality program procedures and exemption from FOIA (1) In general In the case of an executive agency or Federal court seeking to acquire the physical address of a participant, the agency or court shall comply with any applicable procedures of the applicable address confidentiality program for acquiring such address. (2) FOIA exemption (A) In general Upon acquiring a physical address under paragraph (1), the physical address— (i) shall be considered confidential; and (ii) subject to subparagraph (B), shall not be subject to any request pursuant to section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ). (B) Exception In extreme circumstances, a court may order the disclosure of a physical address of a participant pursuant to a request pursuant to section 552 of title 5, United States Code, subject to a protective order against further disclosure. (f) Prompt notification upon termination from participation If the participation of an individual in an address confidentiality program is terminated, that individual shall promptly notify each executive agency or Federal court that accepted a designated address under subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-117s5288is/xml/BILLS-117s5288is.xml |
117-s-5289 | II 117th CONGRESS 2d Session S. 5289 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Merkley (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To create a moratorium on the government use of facial recognition technology until a Commission recommends the appropriate guidelines and limitation for use of facial recognition technology.
1. Short title This Act may be cited as the Ethical Use of Facial Recognition Act . 2. Findings Congress finds the following: (1) Facial recognition is a technology that is increasingly being used and marketed to law enforcement agencies across the United States without appropriate debate or consideration of its impacts. (2) Facial recognition has been shown to disproportionately impact communities of color, activists, immigrants, and other groups that are often already unjustly targeted. (3) Facial recognition has a history of being inaccurate, particularly for women, young people, African Americans, and other ethnic groups. (4) There is evidence that facial recognition has been used at protests and rallies, which could chill speech. (5) It is critical that facial recognition not be used to suppress First Amendment related activities, violate privacy, or otherwise adversely impact individuals’ civil rights and civil liberties. 3. Definitions In this Act: (1) Commission The term Commission means the congressional commission established under section 6. (2) Covered government official The term covered government official means any officer, employee, or contractor of a Federal agency. (3) Facial recognition technology The term facial recognition technology means the automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual’s face. (4) Federal agency The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. (5) Implementation bill The term implementation bill means a bill— (A) consisting of the legislative language prepared under section 6(e)(1)(A); and (B) introduced under section 6(e)(1)(B). 4. Limits on use of facial recognition technology A covered government official may not set up any camera to be used in connection with facial recognition technology, access or use information obtained from facial recognition technology, or import facial recognition technology to identify an individual in the United States without a warrant until the date on which Congress enacts legislation implementing the guidelines for use of facial recognition technology established by the Commission under section 6. 5. Enforcement (a) Civil action Any person aggrieved by a violation of section 4 by a covered government official may bring a civil action for injunctive or declaratory relief in the appropriate district court of the United States. (b) Limitation on Federal grants Notwithstanding any other provision of law, no Federal funds may be used by a State or unit of local government to invest in facial recognition software, purchase facial recognition technology services, or acquire images for use in facial recognition technology systems. 6. Commission (a) In general There is established a congressional commission to consider and create guidelines for the use of facial recognition technology in the United States. (b) Membership (1) In general The Commission shall be composed of 13 members, of whom— (A) 1 member shall be appointed by the President, and such member shall serve as the Chairperson of the Commission; (B) 3 members shall be appointed by the majority leader of the Senate; (C) 3 members shall be appointed by the minority leader of the Senate; (D) 3 members shall be appointed by the Speaker of the House of Representatives; and (E) 3 members shall be appointed by the minority leader of the House of Representatives. (2) Expertise of members (A) In general Members appointed under paragraph (1) shall represent each of the following groups: (i) Law enforcement and immigration enforcement officials. (ii) Privacy and technology experts. (iii) Communities most impacted negatively by the use of facial recognition technology. (B) Requirement Not fewer than 7 members of the Commission shall be representatives of the group described in subparagraph (A)(iii). (c) Duties The Commission shall— (1) consider and create guidelines and limitations for the use of facial recognition technology in the United States to ensure that the use of such technology does not— (A) create a constant state of surveillance of individuals in the United States that does not allow for a level of reasonable anonymity; (B) produce biased or inaccurate results; (C) disproportionately impact a racial, ethnic, national origin group, or other protected class of individuals; (D) impinge on the privacy, free speech, or due process rights of individuals in the United States; or (E) limit the ability of law enforcement officers to track down missing and exploited children and trafficked individuals; and (2) consider and recommend the appropriate rules for governing the use and limitations on both government and commercial use of facial recognition technology, including— (A) whether there are appropriate uses for facial recognition technology without a warrant by government officials in a private or public space; (B) what are the appropriate uses and limitations for commercial use, including what rights individuals should have relating to the data produced and the use of their likeness in facial recognition technology; (C) in what circumstances, if any, government officials should be permitted to use facial recognition without a warrant; (D) what rules should govern how and where images may be acquired through facial recognition technology, taking into account individuals’ reasonable expectations of privacy or anonymity; (E) in what situations individuals should be able to opt out or required to opt in to the use of facial recognition technology; (F) what safeguards need to be put in place to prevent abuse of facial recognition technology; (G) what are appropriate remedies when facial recognition technology is misused; and (H) what rights individuals have relating to the data produced and the use of their likeness in facial recognition technology. (d) Report Not later than 18 months after the date of enactment of this Act, the Commission shall submit a report to Congress that contains— (1) the guidelines required to be created under subsection (c); (2) recommendations for implementation of such guidelines; and (3) any minority views or recommendations of the Commission. (e) Implementation (1) Introduction Not later than 90 days after the date on which the report required under subsection (d) is submitted to Congress— (A) Congress shall prepare legislative language to implement the recommendations included in such report; and (B) the legislative language prepared under subparagraph (A)— (i) shall be introduced in the Senate (by request) not later than the third day on which the Senate is in session after the date on which the Commission approves the legislative language by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate; and (ii) shall be introduced in the House of Representatives (by request) not later than the third day on which the House of Representatives is in session after the date on which the Commission approves the legislative language by the majority leader of the House of Representatives or by a Member of the House of Representatives designated by the majority leader of the House of Representatives. (2) Consideration in the House of Representatives (A) Referral and reporting Any committee of the House of Representatives to which an implementation bill is referred shall report it to the House not later than 3 days after the date on which the implementation bill is introduced in the House of Representatives. If a committee fails to report an implementation bill within that period, it shall be in order to move that the House of Representatives discharge the committee from further consideration of the bill. Such a motion shall not be in order after the last committee authorized to consider the bill reports it to the House of Representatives or after the House of Representatives has disposed of a motion to discharge the bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House of Representatives shall proceed immediately to consider the implementation bill in accordance with subparagraphs (B) and (C). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (B) Proceeding to consideration After the last committee authorized to consider an implementation bill reports it to the House of Representatives or has been discharged from its consideration, it shall be in order to move to proceed to consider the implementation bill in the House of Representatives. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed with respect to the implementation bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (C) Consideration An implementation bill shall be considered as read. All points of order against an implementation bill and against its consideration are waived. The previous question shall be considered as ordered on an implementation bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on an implementation bill. A motion to reconsider the vote on passage of an implementation bill shall not be in order. (3) Expedited procedure in the senate (A) Committee consideration An implementation bill introduced in the Senate under paragraph (1) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the bill and with a favorable recommendation, an unfavorable recommendation, or without recommendation not later than 3 days after the date on which the implementation bill is introduced. If any committee fails to report an implementation bill within that period, that committee shall be automatically discharged from consideration of the bill, and the implementation bill shall be placed on the appropriate calendar. (B) Motion to proceed Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 3 days of session after the date on which an implementation bill is reported or discharged from all committees to which it was referred, for the majority leader of the Senate or the majority leader’s designee to move to proceed to the consideration of the implementation bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the implementation bill at any time after the conclusion of such 3-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to an implementation bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of an implementation bill is agreed to, the implementation bill shall remain the unfinished business until disposed of. (C) Consideration All points of order against an implementation bill and against consideration of the implementation bill are waived. Consideration of an implementation bill, including amendments thereto, and debatable motions and appeals in connection therewith shall not exceed a total of 30 hours which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate on an implementation bill is in order, shall require an affirmative vote of a majority of the Members duly chosen and sworn, and is not debatable. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of an implementation bill, including time used for quorum calls and voting, shall be counted against the total 30 hours of consideration. (D) Limitations on consideration A motion to postpone, or a motion to recommit the implementation bill or a motion to proceed to the consideration of other business is not in order. (E) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to an implementation bill shall be decided without debate. (4) Consideration by the other house (A) In general If, before passing an implementation bill, one House receives from the other the implementation bill— (i) the implementation bill of the other House shall be referred to a committee; and (ii) the procedure in the receiving House shall be the same as if no implementation bill had been received from the other House. (5) Rules to coordinate action with other house (A) Treatment of implementation bill of other house If the Senate fails to introduce or consider an implementation bill under this section, the implementation bill of the House of Representatives shall be entitled to expedited floor procedures under this section. (B) Treatment of companion measures in the Senate If following passage of an implementation bill in the Senate, the Senate then receives the implementation bill from the House of Representatives, the House-passed implementation bill shall not be debatable. The vote on passage of the implementation bill in the Senate shall be considered to be the vote on passage of the implementation bill received from the House of Representatives. (6) Vetoes If the President vetoes an implementation bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. | https://www.govinfo.gov/content/pkg/BILLS-117s5289is/xml/BILLS-117s5289is.xml |
117-s-5290 | II 117th CONGRESS 2d Session S. 5290 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Klobuchar (for herself, Mr. Portman , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require an evaluation of the implementation of the STOP Act of 2018, and for other purposes.
1. Short title This Act may be cited as the STOP Act 2.0 . 2. Evaluation of implementation of STOP Act of 2018 Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report evaluating the implementation of the provisions of and amendments made by the STOP Act of 2018 (subtitle A of title VIII of Public Law 115–271 ; 132 Stat. 4073) that includes— (1) an identification of potential areas of risk with respect to the entry of illicit fentanyl, other synthetic opioids, and other narcotics and psychoactive substances into the United States by mail, including any openings that drug traffickers have found in the system established under the STOP Act of 2018; and (2) an assessment of— (A) the use of the authority provided under subclause (II) of section 343(a)(3)(K)(vi) of the Trade Act of 2002 ( 19 U.S.C. 1415(a)(3)(K)(vi) ), as amended by section 8003 of the STOP Act of 2018, to exclude countries from the requirement under subclause (I) of that section that advance information be provided for 100 percent of international mail shipments; and (B) whether the use of that authority should be decreased. 3. Public-private partnership regarding postal data The Secretary of Homeland Security and the Administrator of the Drug Enforcement Administration may enter into a public-private partnership with private parcel services to develop technology and processes for identifying information that could be used to identify the origin of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances, and precursors to such substances, including information on the origin of parcels and shipping information. 4. International collaboration The Secretary of State, in coordination with the Secretary of Homeland Security and the Administrator of the Drug Enforcement Administration, are authorized to share and receive information, consistent with existing law, on best practices regarding the detection of illicit fentanyl, other synthetic opioids, and other narcotics and psychoactive substances, and precursors to such substances, including such substances moving through the mail. | https://www.govinfo.gov/content/pkg/BILLS-117s5290is/xml/BILLS-117s5290is.xml |
117-s-5291 | II 117th CONGRESS 2d Session S. 5291 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mrs. Capito introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To delay the implementation of the modifications of exceptions for reporting of third party network transactions.
1. Delay in modification of exceptions for reporting of third party network transactions Section 9674(c)(1) of the American Rescue Plan of 2021 is amended by striking December 31, 2021 and inserting December 31, 2022 . | https://www.govinfo.gov/content/pkg/BILLS-117s5291is/xml/BILLS-117s5291is.xml |
117-s-5292 | II 117th CONGRESS 2d Session S. 5292 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Duckworth introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To protect and expand access to donor milk, and for other purposes.
1. Short title This Act may be cited as the Access to Donor Milk Act of 2022 . 2. Definitions In this Act: (1) The term donor milk means human milk that is processed without additives. (2) The term nonprofit milk bank means a milk bank that— (A) meets standards established by the Food and Drug Administration for purposes of ensuring the safety of donor milk and milk banks; (B) collects, tests, processes, pasteurizes, and distributes donor milk, in compliance with applicable law; and (C) is described in section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) ) and exempt from tax under section 501(a) of such Code ( 26 U.S.C. 501(a) ). 3. Findings Congress finds the following: (1) Human milk is the optimal first food for infants. (2) Medically vulnerable infants, including those born prematurely and those with congenital or acquired conditions, derive significant health benefits from human milk. (3) Mothers of medically vulnerable infants often face unique obstacles to producing enough milk. When a parent’s milk is not available, the provision of donor milk improves health outcomes for the infant, including decreasing rates of necrotizing enterocolitis. (4) Nonprofit milk banks provide a critical medical service. (5) The nonprofit milk banking model of collecting donor milk from uncompensated donors and accreditation ensures a safe and high-quality product for the Nation’s most vulnerable infants. 4. Support for donor milk activities Section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) is amended— (1) in subsection (b)(4), by inserting (including support for donor milk (as defined in section 2 of the Access to Donor Milk Act of 2022 ) activities) after promotion ; and (2) in subsection (h)(1)(C)— (A) in clause (i), by striking clause (ii) and inserting clauses (ii) and (iii) ; and (B) by adding at the end the following: (iii) Donor milk A State agency may use amounts made available under clause (i) for— (I) collecting and storing donations of unprocessed human milk; (II) the transfer of the milk described in subclause (I) to a nonprofit milk bank; and (III) making the milk transferred to a nonprofit milk bank under subclause (II) available to program participants at low or zero cost. . 5. Emergency capacity funding for milk banks (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall award competitive grants, subject to subsection (f), to eligible entities for expanding emergency capacity with respect to banking donor milk. (b) Application An eligible entity seeking 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. (c) Use of funds Expanding emergency capacity pursuant to a grant under this section may include— (1) publicizing the need for donor milk; (2) providing resources to patients and providing information to clinicians about donor milk; (3) covering donor milk collection, storage, transfer, and processing fees; (4) increasing staffing and supplies needed at nonprofit milk banks; and (5) purchasing consumable products needed for donor milk processing. (d) Eligible entity For purposes of this section, the term eligible entity means an entity that— (1) is a nonprofit milk bank accredited by an accrediting body recognized by the Food and Drug Administration; and (2) in the application submitted under subsection (b), demonstrates, with respect to such entity— (A) a rapid increase in demand for donor milk; or (B) a shortage of supplies needed to operate a nonprofit milk bank. (e) Authorization of appropriations For the purposes of carrying out this section, there are authorized to be appropriated $3,000,000 for fiscal year 2023, and such sums as may be necessary for each fiscal year thereafter. (f) Criteria The Secretary may award grants under subsection (a) only in the event of any of the following: (1) The Secretary determines that expanded capacity is necessary to respond to any major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). (2) The Secretary determines that Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (3) The Secretary determines emergency capacity is needed to ensure adequate supply is available to meet the demand for donor milk from a nonprofit donor milk bank. 6. Donor milk awareness program (a) Child nutrition The Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) is amended by adding at the end the following: 24. Donor milk awareness program (a) Definition of donor milk In this section, the term donor milk has the meaning given the term in section 2 of the Access to Donor Milk Act of 2022 . (b) Establishment The Secretary shall establish a donor milk awareness program (referred to in this section as the program )— (1) to educate the public on donor milk and nonprofit milk banks; and (2) to publicize the need for donor milk to be provided to nonprofit milk banks. (c) Conduct of program In carrying out the program, the Secretary may— (1) develop, or assist other entities to develop, appropriate educational materials, including public service announcements, promotional publications, and press kits, for the program; (2) publish information about the program on the website of the Department of Agriculture; and (3) distribute, or assist other entities to distribute, such materials, as appropriate, to public and private individuals and entities. (d) Cooperative agreements The Secretary may enter into cooperative agreements with Federal agencies, State and local governments, and other entities to carry out the program. (e) Authorization of appropriations For purposes of carrying out the program, there is authorized to be appropriated $1,000,000 for fiscal year 2023. . (b) HHS public awareness campaign with respect to donor milk from nonprofit milk banks (1) In general The Secretary of Health and Human Services shall develop a public awareness campaign with respect to donor milk from nonprofit milk banks. (2) Distribution of educational materials The public awareness campaign under paragraph (1) shall include the distribution of educational materials to— (A) clinicians, such as pediatric specialists, pediatricians, obstetricians, pediatric nutritionists, midwives, and lactation consultants; (B) expectant and new parents; and (C) community-based organizations. 7. Clarifying the regulatory status of donor milk (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to clarify the regulatory status (and any associated categorization) of donor milk provided by a nonprofit milk bank. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report regarding the issuance of guidance on the categorization of donor milk provided by a nonprofit milk bank under the rule issued under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s5292is/xml/BILLS-117s5292is.xml |
117-s-5293 | II 117th CONGRESS 2d Session S. 5293 IN THE SENATE OF THE UNITED STATES December 19, 2022 Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for the designation of areas as Health Enterprise Zones to reduce health disparities and improve health outcomes in such areas, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Health Enterprise Zones Act of 2022 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Designation of Health Enterprise Zones. Sec. 3. Consultation. Sec. 4. Tax incentives. Sec. 5. Grants. Sec. 6. Student loan repayment program. Sec. 7. Incentive payments for Medicare part B items and services furnished in Health Enterprise Zones. Sec. 8. Reporting. Sec. 9. Definitions. Sec. 10. Authorization of appropriations. 2. Designation of Health Enterprise Zones (a) Designation (1) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall, pursuant to applications submitted under subsection (c), designate areas as Health Enterprise Zones to reduce health disparities and improve health outcomes in such areas. (2) Eligibility of area To be designated as a Health Enterprise Zone under this section, an area shall— (A) be a contiguous geographic area in one census tract or ZIP Code; (B) have measurable and documented racial, ethnic, or geographic health disparities and poor health outcomes, demonstrated by— (i) average income below 150 percent of the Federal poverty line; (ii) a rate of participation in the special supplemental nutrition program under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) that is higher than the national average rate of participation in such program; (iii) lower life expectancy than the national average; (iv) a higher percentage of instances of low birth weight than the national average; or (v) designation under section 332 of the Public Health Service Act ( 42 U.S.C. 254e ) as a health professional shortage area; and (C) be part of a metropolitan statistical area or micropolitan statistical area identified by the Director of the Office of Management and Budget. (b) Solicitation of applications The Secretary shall— (1) not later than 1 year after the date of enactment of this Act, solicit applications under subsection (c); and (2) publish on the website of the Department of Health and Human Services— (A) the names of all applicants under subsection (c), together with the names of each applicant’s coalition partners; and (B) a description of all areas proposed to be designated as Health Enterprise Zones. (c) Submission of applications To seek the designation of an area as a Health Enterprise Zone, a community-based nonprofit organization or local governmental agency, in coalition with an array of health care providers, hospitals, nonprofit community health clinics, health centers, social service organizations, and other related organizations, shall submit an application to the Secretary. (d) Contents An application under subsection (c) shall— (1) include an effective and sustainable plan with respect to the area proposed for designation— (A) to reduce health disparities; (B) to reduce the costs of, or to produce savings to, the health care system; (C) to improve health outcomes; and (D) to utilize one or more of the incentives established pursuant to section 4, 5, or 6 of this Act, or section 1833(a) of the Social Security Act ( 42 U.S.C. 1395l(a) ), as amended by section 7 of this Act, to address health care provider capacity, improve health services delivery, effectuate community improvements, or conduct outreach and education efforts; and (2) identify specific diseases or indicators of health for improvement of health outcomes in such area, including at least one of the following: (A) Cardiovascular disease. (B) Asthma. (C) Diabetes. (D) Dental health. (E) Behavioral health. (F) Maternal and birth health. (G) Sexually transmitted infections. (H) Obesity. (e) Considerations The Secretary— (1) shall consider geographic diversity, among other factors, in selecting areas for designation as Health Enterprise Zones; and (2) may conduct outreach efforts to encourage a geographically diverse pool of applicants, including for designating Health Enterprise Zones in rural areas. (f) Priority In selecting areas for designation as Health Enterprise Zones, the Secretary shall give higher priority to applications based on the extent to which an area demonstrates the following: (1) Support from, and participation of, key stakeholders in the public and private sectors in the area proposed for designation, including residents and local governments of such area. (2) A plan for long-term funding and sustainability. (3) Supporting funds from the private sector. (4) Integration with any applicable State health improvement process or plan. (5) A plan for evaluation of the impact of designation of such area as a Health Enterprise Zone. (6) A plan to utilize existing State tax credits, grants, or other incentives to reduce health disparities and improve health outcomes in the proposed Health Enterprise Zone. (7) Such other factors as the Secretary determines are appropriate to demonstrate a commitment to reduce health disparities and improve health outcomes in such area. (g) Period of designation The designation under this section of an area as a Health Enterprise Zone shall be in effect until the date that is 10 years after the date on which the first such area is so designated. 3. Consultation The Secretary shall carry out this Act in consultation with— (1) the Secretary of Housing and Urban Development; and (2) the Deputy Assistant Secretary for Minority Health. 4. Tax incentives (a) Work opportunity credit for hiring Health Enterprise Zone workers (1) In general Section 51(d)(1) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting , or , and by adding at the end the following new subparagraph: (K) a qualified Health Enterprise Zone worker, to the extent that the qualified first-year wages with respect to such worker are paid for qualified Health Enterprise Zone work. . (2) Qualified Health Enterprise Zone worker Section 51(d) of such Code is amended by adding at the end the following new paragraph: (16) Health Enterprise Zones (A) Qualified Health Enterprise Zone worker The term qualified Health Enterprise Zone worker means any individual who is certified by the designated local agency as having (as of the hiring date) a principal place of employment within a Health Enterprise Zone. (B) Qualified Health Enterprise Zone work The term qualified Health Enterprise Zone work means employment by a Health Enterprise Zone practitioner, the primary official duties of which promote access to healthcare in a Health Enterprise Zone. (C) Related terms For purposes of this paragraph, the terms Health Enterprise Zone and Health Enterprise Zone practitioner have the same meaning given such terms under section 9 of the Health Enterprise Zones Act of 2022 . . (3) Effective date The amendments made by this subsection shall apply to amounts paid or incurred after the date of the enactment of this Act to individuals who begin work for the employer after such date. (b) Credit for Health Enterprise Zone workers (1) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 13402 of Public Law 117–169 , is amended by inserting after section 25E the following new section: 25F. Credit for qualified Health Enterprise Zone workers (a) Allowance of credit In the case of a qualified Health Enterprise Zone worker, there shall be allowed as a credit against the tax imposed by this chapter for a taxable year an amount equal to 40 percent of wages received for qualified Health Enterprise Zone work during such taxable year. (b) Definitions For purposes of this section— (1) Qualified Health Enterprise Zone worker The term qualified Health Enterprise Zone worker means, with respect to wages, an individual whose principal place of employment while earning such wages is within a Health Enterprise Zone (as such term is defined in section 9 of the Health Enterprise Zones Act of 2022 ). (2) Qualified Health Enterprise Zone work The term qualified Health Enterprise Zone work has the same meaning given such term in section 51(d)(16)(B). . (2) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code, as amended by section 13402(d) of Public Law 117–169 , is amended by inserting after the item relating to section 25E the following new item: Sec. 25F. Credit for qualified Health Enterprise Zone workers. . (3) Effective date The amendments made by this subsection shall apply to wages received after the date of the enactment of this Act. 5. Grants (a) Authorization For each area designated under section 2 as a Health Enterprise Zone, the Secretary may award a grant to the community-based nonprofit organization or local governmental agency that applied for such designation to support such applicant and its coalition partners in reducing health disparities and improving health outcomes in such area. (b) Use of funds Programs and activities funded through a grant under this section shall be consistent with the grantee’s plan submitted pursuant to section 2(d)(1) and may include the following: (1) Subgrants to health care practitioners (A) In general For the purpose of improving or expanding the delivery of health care in the respective Health Enterprise Zone, the grantee may award subgrants to Health Enterprise Zone practitioners to defray costs related to innovative strategies listed in paragraph (2). (B) Eligibility To be eligible to receive a subgrant pursuant to subparagraph (A), a Health Enterprise Zone practitioner shall— (i) own or lease a health care facility in the Health Enterprise Zone; or (ii) provide health care in such a facility. (C) Amount The amount of a subgrant under subparagraph (A) may not exceed the lesser of— (i) $5,000,000; or (ii) 50 percent of the costs of the equipment, or capital or leasehold improvements. (2) Innovative strategies A grantee (or subgrantee) may use a grant received under this section (or a subgrant received under paragraph (1)) to implement innovative public health strategies in the respective Health Enterprise Zone, which strategies may include— (A) internships and volunteer opportunities for students who reside in the Health Enterprise Zone; (B) funding resources to improve health care provider capacity to serve non-English speakers; (C) operation of medical, mental and behavioral health, and dental mobile clinics; (D) provision of transportation to and from medical appointments for patients; (E) funding resources to improve access to healthy food, recreation, and high-quality housing; (F) capital or leasehold improvements to a health care facility in the respective Health Enterprise Zone; and (G) medical or dental equipment to be used in such a facility. 6. Student loan repayment program (a) In general The Secretary shall carry out a loan repayment program under which the Secretary enters into agreements with eligible Health Enterprise Zone practitioners to make payments on the principal and interest of the eligible educational loans of such practitioners for each year such practitioners agree to provide health care services in a Health Enterprise Zone. (b) Limitations In entering into loan repayment agreements under this section, the Secretary may not agree to— (1) make payments for more than 10 years with respect to a practitioner; or (2) pay more than $10,000 per year, or more than a total of $100,000, with respect to a practitioner. (c) Ineligibility for double benefits No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both— (1) this section; and (2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of the Public Health Service Act ( 42 U.S.C. 254l–1 , 254q–1, 297n), or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10 , 1078–12, 1087e(m), 1087j). (d) Definitions In this section: (1) The term eligible educational loan means any federally funded or guaranteed student loan, as determined appropriate by the Secretary in coordination with the Secretary of Education. (2) The term eligible Health Enterprise Zone practitioner means a Health Enterprise Zone practitioner who— (A) agrees to provide health care services in a Health Enterprise Zone for a specified period that is not less than one year; and (B) has one or more eligible educational loans. 7. Incentive payments for Medicare part B items and services furnished in Health Enterprise Zones Section 1833(a) of the Social Security Act ( 42 U.S.C. 1395l(a) ) is amended by adding at the end the following new subsection: (ee) Incentive payments for items and services furnished in Health Enterprise Zones (1) In general In the case of items and services furnished under this part in an area that is designated as a Health Enterprise Zone section 2(a)(1) of the Health Enterprise Zones Act of 2022 , in addition to the amount of payment that would otherwise be made for such items and services under this part, there also shall be paid (on a monthly or quarterly basis) an amount equal to 10 percent of the payment amount for the item or service under this part. (2) Coordination with other payments The amount of the additional payment for an item or a service under this subsection and subsection (m) shall be determined without regard to any additional payment for the item or service under subsection (m) and this subsection, respectively. The amount of the additional payment for an item or a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the item or service under subsection (z) and this subsection, respectively. . 8. Reporting (a) In general Not later than the day that is 10 years after the first Health Enterprise Zone is designated under section 2(a)(1), the Secretary shall submit to Congress a report on the implementation of this Act (and the amendments made by this Act) and the results thereof. (b) Contents Each report under subsection (a) shall— (1) specify the number and types of incentives provided pursuant to this Act in each Health Enterprise Zone designated under section 2; and (2) include evidence of the extent to which the incentives utilized by each Health Enterprise Zone have succeeded— (A) in attracting health care practitioners to practice in Health Enterprise Zones; (B) in reducing health disparities and improving health outcomes in Health Enterprise Zones; and (C) in reducing health costs and hospital admissions and readmissions in Health Enterprise Zones. 9. Definitions In this Act: (1) The term Health Enterprise Zone means an area designated under section 2 as a Health Enterprise Zone. (2) The term Health Enterprise Zone practitioner means a health care practitioner who— (A) is licensed or certified in accordance with applicable State law to treat patients in the respective Health Enterprise Zone; (B) provides— (i) primary care, which may include obstetrics, gynecological services, pediatric services, or geriatric services; (ii) behavioral health services, which may include mental health or substance use disorder services; or (iii) dental services; and (C) is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) or a participating provider under a State plan under title XIX of such Act ( 42 U.S.C. 1396 et seq. ). (3) The term Secretary means the Secretary of Health and Human Services. 10. Authorization of appropriations To carry out this Act, there is authorized to be appropriated such sums as may be necessary for the period beginning on the date of enactment of this Act and ending on the last day of the 10-year period that begins on the date on which the first Health Enterprise Zone is designated under section 2(a)(1). | https://www.govinfo.gov/content/pkg/BILLS-117s5293is/xml/BILLS-117s5293is.xml |
117-s-5294 | II 117th CONGRESS 2d Session S. 5294 IN THE SENATE OF THE UNITED STATES December 19, 2022 Mr. Kelly (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to establish within the Environmental Protection Agency the Office of Mountains, Deserts, and Plains, and for other purposes.
1. Short title This Act may be cited as the Legacy Mine Cleanup Act of 2022 . 2. Office of Mountains, Deserts, and Plains Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) is amended by adding at the end the following: 129. Office of Mountains, Deserts, and Plains (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Environment and Public Works of the Senate; (D) the Committee on Health, Education, Labor, and Pensions of the Senate; (E) the Committee on Indian Affairs of the Senate; (F) the Committee on Appropriations of the House of Representatives; (G) the Committee on Energy and Commerce of the House of Representatives; (H) the Committee on Transportation and Infrastructure of the House of Representatives; (I) the Committee on Natural Resources of the House of Representatives; and (J) the Committee on Oversight and Reform of the House of Representatives. (2) Covered mine The term covered mine means an abandoned hardrock mine site. (3) Eligible non- NPL site The term eligible non-NPL site means a site— (A) that is not on the National Priorities List; but (B) with respect to which the Administrator determines that— (i) the site would be eligible for listing on the National Priorities List based on the presence of hazards from contamination at the site, applying the hazard ranking system described in section 105(c); and (ii) for removal site evaluations, engineering evaluations/cost analyses, remedial planning activities, remedial investigations and feasibility studies, and other actions taken pursuant to section 104(b), the site— (I) has undergone a pre-CERCLA screening; and (II) is included in the Superfund Enterprise Management System. (4) Navajo Nation abandoned uranium mine site The term Navajo Nation abandoned uranium mine site means an abandoned uranium mine site on land of the Navajo Nation. (5) Office The term Office means the Office of Mountains, Deserts, and Plains established by subsection (b)(1). (6) Regional Office The term Regional Office means a Regional Office of the Environmental Protection Agency. (b) Establishment (1) In general There is established within the Environmental Protection Agency the Office of Mountains, Deserts, and Plains. (2) Director The Office shall be headed by a Director, to be appointed by the Administrator (or a designee). (c) Purposes The purposes of the Office shall be— (1) to coordinate and provide oversight over response actions of the Environmental Protection Agency carried out at a covered mine in accordance with this Act; (2) to establish and disseminate best practices for covered mine response actions, including identifying innovative technologies and reuse approaches that support those response actions; (3) to collaborate with Regional Offices, Federal land management agencies, States, and voluntary nongovernmental organizations, watershed groups, nonliable mining companies, and other entities to facilitate voluntary response actions at covered mines; (4) to lead Environmental Protection Agency efforts to coordinate and expedite the completion of response actions at covered mines on Tribal land, including Navajo Nation abandoned uranium mine sites; (5) to coordinate with the Secretary of the Interior, the Secretary of Energy, the Secretary of Health and Human Services, the Nuclear Regulatory Commission, and other Federal agencies, as the Administrator determines to be appropriate, to ensure interagency coordination of covered mine response actions, with priority given to coordinating, and where possible, combining, Federal efforts to fund response actions at covered mines for which there is no potentially responsible party; and (6) to carry out other actions, as determined to be necessary by the Administrator— (A) to support efforts to investigate, characterize, or cleanup a discharge, release, or threat of release of a hazardous substance, pollutant, or contaminant into the environment at or from a covered mine; or (B) to otherwise protect and improve human health and the environment. (d) Duties The Administrator shall carry out through the Office, at a minimum, the following duties: (1) Emphasis list (A) In general The Administrator shall establish a list of covered mines that are prioritized for response actions under this Act. (B) Updates; reports The Administrator shall annually— (i) update the list under subparagraph (A); and (ii) submit to the appropriate committees of Congress a report describing the covered mines on the list. (C) Coordination The Administrator shall— (i) regularly coordinate with Regional Offices, Federal agencies, States, Indian tribes, and stakeholders to make progress with respect to the covered mines on the list under subparagraph (A); and (ii) ensure that Regional Offices make progress with respect to each covered mine on the list. (2) Community engagement The Administrator shall— (A) maintain and update, as needed, best practices for engaging with local communities with respect to response actions on covered mines; and (B) coordinate with Regional Offices to support engagement with local communities described in subparagraph (A). (3) Process improvement (A) In general The Administrator shall— (i) establish a standard process for developing, reviewing, and approving site assessments, remedial investigations, and feasibility studies for covered mines; (ii) conduct research of, and identify, technologies and remedial and removal approaches that are the most successful in limiting the acute and chronic risks posted to human health and the environment by covered mines; (iii) to the extent technically feasible, establish remedial and removal standards for various types of covered mines, including type of mineral and design; and (iv) support— (I) consultations with Indian tribes with respect to covered mines; and (II) efforts to provide regular updates to all levels a Tribal government with respect to response actions for covered mines. (B) Tribal consultation In supporting consultations with Indian tribes under subparagraph (A)(iv)(I), the Administrator shall— (i) share all available covered mine data with Tribal partners; and (ii) ensure that Tribal allottee right-of-way regulations of the Eastern Regional Office of the Bureau of Indian Affairs are followed. (4) Interagency plan to address uranium contamination on the Navajo Nation Not later than 1 year after the date of enactment of this section, and not less frequently than once every 5 years thereafter, the Administrator, in consultation with all levels of affected Tribal governments, shall prepare and submit to the appropriate committees of Congress a report describing a multi-year interagency plan for the coordination of the Federal Government with States and Tribal governments to carry out response actions at Navajo Nation abandoned uranium mine sites, including— (A) goals for the assessment of, and response actions at, Navajo Nation abandoned uranium mine sites; (B) target dates by which goals described in subparagraph (A) are anticipated to be achieved; and (C) the activities to be carried out by each Federal agency under the plan. (5) Administrative and technical assistance The Administrator shall, as appropriate, provide to States, units of local government, Indian tribes, and other entities technical assistance with respect to response actions on covered mines. (e) Authorization of appropriations for superfund actions at abandoned hardrock mining sites on Tribal land (1) Authorization of appropriations In addition to amounts otherwise available, there are authorized to be appropriated for each of fiscal years 2023 through 2032, to remain available until expended— (A) $97,000,000 to the Administrator to carry out this subsection (except for paragraph (3)); and (B) $3,000,000 to the Administrator of the Agency for Toxic Substances and Disease Registry to carry out paragraph (3). (2) Uses of amounts Amounts appropriated under paragraph (1)(A) shall be used by the Administrator— (A) to carry out removal actions on abandoned hardrock mine land located on Tribal land; (B) to carry out response actions, including removal and remedial planning activities, removal and remedial studies, remedial actions, and other actions taken pursuant to section 104(b) on abandoned hardrock mine land located on Tribal land at— (i) eligible non-NPL sites; and (ii) sites listed on the National Priorities List; and (C) to make grants under paragraph (4). (3) Health assessments Subject to the availability of appropriations, the Agency for Toxic Substances and Disease Registry, in coordination with Tribal health authorities, shall perform 1 or more health assessments at each eligible non-NPL site that is located on Tribal land. (4) Tribal grants (A) In general The Administrator may use amounts appropriated under paragraph (1)(A) to make grants to eligible entities for the purposes described in subparagraph (C). (B) Eligible entities An entity that is eligible to receive a grant under this paragraph is— (i) the governing body of an Indian tribe; and (ii) a legally established organization of Indians that— (I) is controlled, sanctioned, or chartered by the governing bodies of 1 or more Indian tribes to be served, or that is democratically elected by the adult members of the Indian community to be served, by that organization; and (II) includes the maximum participation of Indians in all phases of the activities of that organization. (C) Use of grant funds A grant under this paragraph shall be used— (i) for carrying out activities in accordance with the second sentence of section 117(e)(1); (ii) for obtaining technical assistance in carrying out response actions under clause (iii); or (iii) for carrying out response actions, if the Administrator determines that the Indian tribe has the capability to carry out any or all of those response actions in accordance with the criteria and priorities established pursuant to section 105(a)(8). (D) Applications To be eligible to receive a grant under this paragraph, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (E) Cost share The Federal share of the cost of activities carried out using a grant under this paragraph shall be 100 percent. (5) Statute of limitations If a response action described in paragraph (2)(B) is scheduled at an eligible non-NPL site, no action may be commenced for damages with respect to that eligible non-NPL site unless the action is commenced within the timeframe provided for such actions with respect to facilities on the National Priorities List in the first sentence of the matter following subparagraph (B) of section 113(g)(1). (6) Coordination The Administrator shall coordinate with the Indian tribe on whose land the applicable site is located in— (A) selecting and prioritizing sites for response actions under subparagraphs (A) and (B) of paragraph (2); and (B) carrying out those response actions. . 3. Abandoned and inactive noncoal mine restoration Section 560 of the Water Resources Development Act of 1999 ( 33 U.S.C. 2336 ) is amended— (1) in subsection (c), by inserting or on land taken into trust by the Secretary of the Interior on behalf of, and for the benefit of, an Indian Tribe after land owned by the United States ; and (2) in subsection (f), by striking $30,000,000 and inserting $50,000,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s5294is/xml/BILLS-117s5294is.xml |
117-s-5295 | II 117th CONGRESS 2d Session S. 5295 IN THE SENATE OF THE UNITED STATES December 19, 2022 Ms. Klobuchar (for herself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To address the health of cancer survivors and unmet needs that survivors face through the entire continuum of care from diagnosis through active treatment and posttreatment, in order to improve survivorship, treatment, transition to recovery and beyond, quality of life and palliative care, and long-term health outcomes, including by developing a minimum standard of care for cancer survivorship, irrespective of the type of cancer, a survivor’s background, or forthcoming survivorship needs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Cancer Survivorship Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Coverage of cancer care planning and coordination services. Sec. 5. Survivorship transition tools. Sec. 6. Alternative payment model. Sec. 7. Survivorship navigation. Sec. 8. Survivorship care demonstration program. Sec. 9. Cancer survivor workforce assistance grants. Sec. 10. Comprehensive cancer survivorship program. Sec. 11. Adult cancer survivorship study. Sec. 12. Survivorship progress report. Sec. 13. Promoting State innovations to ease transitions to the primary care setting for children with cancer. Sec. 14. Childhood cancer demonstration model and standard of care. Sec. 15. Medicaid coverage of fertility preservation services for cancer patients. 2. Findings Congress finds the following: (1) A cancer survivor is any individual with a history of cancer, from the time of diagnosis through the rest of their life, across the continuum of care. (2) Today, there are approximately 18,000,000 Americans who are cancer survivors, and the number of survivors is projected to reach 26,000,000 by 2040. Therefore, there is a great need to be able to provide ways to sustain the care needed and to offer those living with, through, and beyond cancer a safe, supportive, and accommodating environment where such individuals can engage in physical and social support activities to sustain optimal quality of life. (3) Cancer survivors face difficult emotional, psychological, neurological, financial, and other physical challenges that persist beyond diagnosis and treatment, often arising months and years after active cancer treatment ends. (4) Cancer survivors have unique needs and must manage short- and long-term effects of their treatment, as well as regular screenings for cancer recurrence or new cancers. (5) Cancer survivors of racial and ethnic diversity have disproportionately lower health-related, quality-of-life scores compared to non-Hispanic White cancer survivors. (6) Cancer survivors living in rural areas have less access to services and have poorer outcomes than survivors in metropolitan areas. (7) Children, adolescent, and young adult cancer survivors are particularly susceptible to long-term consequences from treatment, and up to 80 percent have a severe, disabling, life-threatening, or fatal health condition by the age of 50. Best practices in this area would improve treatment, quality of life, and long-term health outcomes. (8) Clinical trials have shown that cancer survivorship programs help cancer survivors meet or exceed the recommended amount of physical activity, significantly increasing their cardiovascular health and overall quality of life and decreasing their cancer-related fatigue. (9) Survivorship care refers to the medical or psychosocial care of an individual who has completed their primary treatment for cancer, or of an individual who is undergoing maintenance or intermittent medical treatment or maintenance psychosocial care for cancer, or of an individual living with metastatic disease under continuous medical or psychosocial treatment. (10) Despite the National Cancer Institute and other professional organizations’ definition of a cancer survivor beginning on the day of a cancer diagnosis, there is little agreement among clinicians, researchers, and insurance companies on what services are included in survivorship care and the point at which survivorship care begins. (11) Cancer survivors, their families, their caregivers, and their providers face many difficulties understanding and coordinating the transition from specialty to primary care, and for this reason communication and treatment are often fragmented and inconsistent. (12) To avoid additional health-related or financial hardships to cancer survivors and their families, comprehensive and forward-thinking cancer survivorship studies and programs across Federal agencies are required to engage in a coordinated effort to improve health outcomes and quality of life of survivors. 3. Definitions In this Act: (1) Cancer survivor The term cancer survivor means anyone who remains alive from the time of a cancer diagnosis. (2) Caregiver The term caregiver means a family member, friend, or other person who cares for an older person or adult with a chronic or disabling condition, including cancer. (3) Patient experience data The term patient experience data means patient experiences, perspectives, needs, and priorities related to— (A) the symptoms of the patient’s conditions and the natural history of such conditions; (B) the impact of the conditions on the patient’s functioning and quality of life; (C) the patient’s experience with treatments; (D) input on which outcomes are important to the patient; (E) patient preferences for outcomes and treatments; and (F) the relative importance of any issues as defined by patients. (4) Psychosocial effects The term psychosocial effects — (A) means the psychological, behavioral, emotional, and social effects of a disease, such as cancer, and its treatment; and (B) in the case of such effects of cancer, includes changes in how a patient thinks, their feelings, moods, beliefs, ways of coping, and relationships with family, friends, and coworkers. (5) Psychosocial care The term psychosocial care means psychological and social services and interventions that enable survivors, patients, their families, and health care providers to optimize health care and to manage the psychological, behavioral, physical, emotional, and social aspects of illness and its consequences so as to promote better health and well-being. (6) Secretary Except as otherwise specified, the term Secretary means the Secretary of Health and Human Services. (7) Survivorship The term survivorship means the period from the time of cancer diagnosis until the end of life, including any portions of such period during which interventions are necessary to address— (A) the physical, mental, emotional, social, and financial effects of cancer that begin at diagnosis and continue through treatment and beyond; and (B) issues related to follow-up care (including regular health and wellness checkups), late and long-term effects of treatment, screening for cancer recurrence and new cancers, and quality of life. (8) Survivorship care plan The term survivorship care plan — (A) means an individualized care plan for patients who have been treated for cancer; and (B) includes a treatment summary and any follow-up care guidelines in such plan that— (i) are for monitoring and maintaining the patient’s medical and psychosocial health and well-being; and (ii) are meant to be a transition and communication tool for the survivor, their family, their caregiver, and all their health care providers. (9) Survivorship navigation The term survivorship navigation means a service that— (A) helps patients overcome health care system and social determinants of health barriers; and (B) provides patients with timely access to high-quality medical, physical, and psychosocial care from their cancer diagnosis through all phases of their cancer experience. (10) Treatment summary The term treatment summary means a detailed summary of a patient’s disease, the types of treatment the patient received, members of the patient’s care team, and any side effects or other problems, including psychosocial effects, caused by treatment. 4. Coverage of cancer care planning and coordination services (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) by striking and at the end of subparagraph (GG); (B) by adding and at the end of subparagraph (HH); and (C) by adding at the end the following new subparagraph: (II) cancer care planning and coordination services (as defined in subsection (lll)) ; and (2) by adding at the end the following new subsection: (lll) Cancer Care Planning and Coordination Services (1) The term cancer care planning and coordination services means, with respect to an individual who is diagnosed with cancer, the development of a treatment plan by a physician, physician assistant, or nurse practitioner that— (A) includes each component of the Institute of Medicine Care Management Plan (as described in the article entitled Delivering High-Quality Cancer Care: Charting a New Course for a System in Crisis published by the Institute of Medicine); (B) is furnished in written form or electronically, at the visit of such individual with such physician, physician assistant, or nurse practitioner, or as soon after the date of the visit as practicable; (C) is furnished, to the greatest extent practicable, in a form that appropriate takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual. (2) The Secretary shall establish frequencies at which services described in paragraph (1) may be furnished, provided that such services may be furnished with respect to an individual— (A) at the time such individual is diagnosed with cancer for purposes of planning treatment; (B) if there is a change in the condition of such individual or such individual’s treatment preferences; (C) at the end of active treatment and beginning of survivorship care; and (D) if there is a recurrence of such cancer. . (b) Payment under physician fee schedule (1) In general Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ) is amended by inserting (2)(II), after health risk assessment), . (2) Initial rates Unless the Secretary otherwise provides, the payment rate specified under the physician fee schedule under the amendment made by paragraph (1) for cancer care planning and coordination services shall be the same payment rate as provided for transitional care management services (as defined in CPT code 99496). (c) Effective date The amendments made by this section shall apply to services furnished on or after the first day of the first calendar year that begins after the date of the enactment of this Act. 5. Survivorship transition tools (a) In general The head of the Office of the National Coordinator for Health Information Technology, in collaboration with Director of the Agency for Healthcare Research and Quality, shall— (1) evaluate existing models for survivorship care plans, as they relate to both adults and children, through engagement with professional societies, payors, patient advocacy organizations, community-based organizations, electronic health record vendors, and other stakeholders; (2) evaluate other existing tools for developing survivorship care plans, such as— (A) survivorship guidelines of the National Comprehensive Cancer Network and the American Society of Clinical Oncology; or (B) tools such as Passport for Care; (3) collaborate with the Office for Civil Rights of the Department of Health and Human Services to evaluate the privacy and security implications of— (A) consolidating treatment history and survivorship guidelines into a personalized survivorship care plan, as described in paragraph (4); and (B) patient use of computer or mobile phone-based application programs described in paragraph (4)(B); and (4) taking into consideration the results of evaluation under paragraphs (1) and (2)— (A) not later than 12 months after the date of enactment of this Act, publish information resources for cancer patients and providers on strategies for consolidating treatment history and survivorship guidelines into a personalized survivorship care plan to guide survivorship monitoring and follow-up care; and (B) include in such information resources recommendations about possible patient use of application programs ( apps ) to develop personalized survivorship care plans. (b) Definition In this section, the term electronic health record means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff. 6. Alternative payment model Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing a description of an alternative payment model for payment under title XVIII and title XIX of the Social Security Act ( 42 U.S.C. 1395 et seq. , 1396 et seq.) for items and services relating to cancer survivorship care. The report shall include the following: (1) A description of what event would trigger an individual’s entry into such a model (such as the end of the individual’s active cancer treatment, the beginning of the individual’s need for supportive care during active treatment, or another event). (2) The length of the individual’s participation under such model, including a description of any ability to extend such participation. (3) In the case that such model is based on an episode of care, the appropriate length of the survivorship episode of care and whether additional episodes may be triggered, if necessary. (4) Strategies to ensure that any episode of care under such a model begins with the development and dissemination of a survivorship care plan for the transition from active cancer treatment to follow-up care to the individual and all relevant health care providers. (5) A description of any bundled payment packages that will be used under such model. (6) A specification of any follow up or new screening under such model for unmet needs of individuals participating in such model. (7) How consistent, shared decisionmaking will be promoted under such model so that individuals are given the knowledge needed for self-management between episodes of care. (8) A specification of which types of health care providers may furnish items and services under such model, including genetic counselors and mental health professionals. (9) Strategies for applying evidence-based risk stratification principles to direct survivors to personalized care pathways that match the level of care needed to the relative risks and needs of the survivor. (10) Strategies for coordination of care between such providers, such as between specialists and primary care providers, and how principal responsibility will be assigned for an episode of care. (11) Strategies for addressing social determinants of health through such model. (12) A description of how such model will promote— (A) prevention, early detection surveillance, and treatment for individuals continuing to receive systemic therapy after the end of active cancer treatment; (B) such individuals’ understanding of, and access to, treatment; (C) survivorship research; and (D) the continuing health of cancer survivors. (13) An analysis of how different forms and stages of cancer may require the development of different survivorship plans and alternative payment models based on varying episodes of care. (14) A plan for testing any alternative payment model described in the report, including the timing of such testing, an analysis of the impact of such testing, any barriers to implementing such testing, and any other recommendations determined appropriate by the Secretary. 7. Survivorship navigation (a) Review of programs and navigation study (1) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall— (A) complete a review of previous and current cancer survivorship navigation programs, including any applicable standards of care such as those of the Professional Oncology Navigation Task Force, and the Academy of Oncology Nurse & Patient Navigators, the Oncology Nursing Society; and (B) submit a report to the Congress on the results of such review. (2) Considerations In carrying out subsection (a), the Secretary shall take into consideration each of the following: (A) How cancer survivorship navigation program services might be provided from diagnosis across the continuum of care through survivorship, taking into consideration— (i) the type of navigation services that are most effective for survivors at the time of diagnosis; and (ii) the type of navigation services that are most useful for survivors who are managing the late and long-term effects of cancer and cancer treatment. (B) How navigation services might evolve over the continuum of care and how to encourage a dynamic navigation system. (C) Training needs for navigators. (D) Comparison and delineation of navigation services provided by lay and professional navigators. (E) Evaluation of optimal strategies for offering survivors navigation services and encouraging their utilization of such services. (F) Defining— (i) the continuum of care during which services are provided; and (ii) the nature of services for a long-term survivor. (G) The location of navigation services (such as whether such services should be provided as part of oncology practices or outside of oncology practices). (H) Federal financing for navigation services (such as whether to finance such services through a grant program funded through annual discretionary appropriations). (I) Alternative delivery and payment models for cancer survivorship navigation services, including consideration of— (i) an episode-of-care model for providing cancer survivorship navigation services, or a patient-focused navigation benefit that survivors could utilize in different settings, with the navigation services meeting standards set by the Secretary; and (ii) services funded through the Medicare and Medicaid programs. (J) Resources and the role of patient advocacy organizations and peer support networks in cancer survivorship navigation services. (b) Demonstration program for navigation services for cancer survivors (1) In general The Secretary shall carry out a demonstration program consisting of awarding grants to eligible entities to provide navigation services to cancer survivors. (2) Timing The Secretary shall initiate the demonstration program under this subsection not later than 12 months after completing the review as required under subsection (a)(1)(A). (3) Eligible entities To be eligible to receive a grant under this subsection, an entity shall— (A) have staff and expertise to provide navigation services; and (B) be— (i) a community-based organization; (ii) a patient-centered education and service organization; (iii) a nonprofit patient or cancer advocacy organization; (iv) a community cancer provider; (v) a cancer center; (vi) a hospital; (vii) a community health center; or (viii) another type of entity as the Secretary determines appropriate. (4) Use of funds A recipient of a grant under this section shall use the grant to provide navigation services to cancer survivors, including by— (A) offering navigation services from diagnosis through the continuum of care, including long-term survivorship, or offering navigation services from the end of active treatment with an emphasis on facilitating the transition from active treatment to long-term survivorship care and throughout survivorship; (B) in a timely manner, assisting cancer survivors to navigate cancer treatment and follow-up services, such as screenings, risk assessment, mitigation, health promotion activities, providing health information and education, coaching, and support; (C) addressing cancer care disparities in the design and delivery of services; (D) ensuring coordination with the survivor’s health care providers; (E) following evidence-based survivorship care guidelines in the design and delivery of survivorship services; (F) ensuring the delivery of culturally appropriate services and materials; and (G) assisting cancer survivors to meet and overcome barriers to treatment and follow-up services, such as any such barriers relating to food insecurity, housing, transportation, labor, access to broadband connectivity, the availability of telehealth, or child care, with emphasis placed on high-risk populations. 8. Survivorship care demonstration program (a) In general The Secretary shall carry out a demonstration program for a period of 5 years consisting of awarding grants to improve the quality of cancer survivorship care. (b) Timing The Secretary shall initiate the demonstration program under this section not later than 1 year after the date of enactment of this Act. (c) Demonstration sites The Secretary shall ensure that grants are awarded under this section to improve the quality of cancer survivorship care at a wide diversity of sites, including— (1) in urban, suburban, rural, and Tribal areas; and (2) cancer care sites including cancer centers, academic health centers, federally qualified health centers, rural health clinics, physician offices, Tribal organizations, community-based health care providers, and health care providers serving medically underserved areas. (d) Areas of focus under the demonstration program The demonstration program under this section shall be designed to ensure the development of a variety of models for survivorship care that will permit evaluation of a variety of care strategies, including— (1) utilization of navigators to assist survivors in obtaining survivorship care; (2) employment of risk-stratification to better determine the nature and intensity of services that survivors require; (3) transitions of care from cancer care providers to primary care providers, through transition-of-care models that involve collaboration between cancer care specialists and primary care providers; (4) the training needs of primary care providers to be better equipped to work with survivors in primary care settings; (5) utilization of survivorship care plans to facilitate coordination of survivorship care; (6) experimentation with providing cancer survivorship care at home; (7) use of information technology to plan and coordinate care to improve the consistent identification, collection, and measurement of all forms of patient experience data, including patient-reported outcomes of patient-reported symptoms and quality-of-life measures; and (8) expansion of existing successful models of survivorship care. (e) Evaluation of demonstration program The Secretary shall— (1) develop a plan for evaluating the projects that are conducted as part of the demonstration program under this section; and (2) not later than 18 months after the end of the 5-year demonstration program, complete such evaluation and submit a report to the Congress on the results of such evaluation. 9. Cancer survivor workforce assistance grants (a) In general The Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall carry out a program to award grants to nonprofit organizations and other entities to provide education and targeted assistance— (1) to eligible cancer survivors facing barriers to employment, including those who remain in the workforce during treatment, those who reduce working hours while in treatment, and those who reenter the workforce after a treatment-related departure; and (2) to the families and caregivers of such eligible cancer survivors. (b) Program components The program under this section shall include the following: (1) Assistance, career and training services, and supportive services for eligible cancer survivors who stay in the workforce during treatment, and for their families and caregivers, including— (A) transportation assistance; (B) childcare assistance; (C) nutritional assistance; (D) physical activity assistance; (E) psychosocial assistance; (F) financial assistance during a period of medical leave; and (G) other similar assistance. (2) Assistance and education for eligible cancer survivors who leave the workforce during treatment, and for their families and caregivers, including— (A) financial assistance during a period of medical leave; (B) assistance with premiums for continuation coverage provided pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. ), title XXII of the Public Health Service Act ( 42 U.S.C. 300bb–1 et seq. ), or section 4980B of the Internal Revenue Code of 1986 ( 26 U.S.C. 4980B ); and (C) career and training services, including upskilling and reskilling, for eligible cancer survivors who are not able to return to work after treatment. (3) Assistance, career and training services, and supportive services for eligible cancer survivors who are unable to work after a cancer diagnosis, and their families and caregivers, including— (A) assistance in applying for— (i) supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (ii) disability insurance benefits under section 223 of the Social Security Act ( 42 U.S.C. 423 ); (iii) benefits under a State plan, or waiver of such plan, under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) with respect to minimizing delays in eligibility before a cancer survivor becomes eligible for Medicare coverage, benefits under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1801 et seq. ), including with respect to enrolling in plans under part C or D of such title and supplemental plans under section 1882 of such title; (v) State and private sector assistance programs for such cancer survivors; and (vi) career and training services available under title I, II, or IV of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); and (B) information on the eligibility of a cancer survivor, and their families and caregivers, for benefits or services described in any of clauses (i) through (vi) of subparagraph (A). (c) Evidence-Based resources In carrying out this section, the Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall use evidence-based resources, including— (1) nationally recognized evidence-based guidelines; and (2) other resources as determined by the Secretary. (d) Definitions In this section: (1) The term eligible cancer survivor means a cancer survivor (as defined in section 3) who— (A) remains in the workforce during cancer treatment; (B) reduces working hours during cancer treatment; (C) reenters the workforce after a cancer treatment-related departure; or (D) leaves the workforce as the result of a cancer diagnosis or related complications. (2) The term supportive services has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). 10. Comprehensive cancer survivorship program (a) In general The Secretary shall carry out a comprehensive cancer survivorship program that includes— (1) a cancer survivorship resource center in accordance with subsection (b) to provide evidence-based resources to cancer survivors, their families, and their caregivers; (2) a health care professional resource center in accordance with subsection (c) to assist and educate health care professionals in the delivery of high-quality survivorship care; (3) an educational campaign in accordance with subsection (d) to provide health care professionals with resources to improve cancer survivorship care; and (4) a program of supportive care services in accordance with subsection (e) to improve the quality of life and long-term survivorship of cancer survivors. (b) Cancer survivorship resource center (1) Establishment The Secretary shall establish and operate a survivorship resource center (in this subsection referred to as the Center ) that serves as a comprehensive source of information and resources related to survivorship. (2) Timing Not later than 2 years after the date of enactment of this Act, the Secretary shall establish and begin operation of the Center. (3) Consultation In establishing and operating the Center, the Secretary shall consult with cancer survivors, patient organizations, health professionals, researchers, health education organizations, oncology professional societies and other medical societies, community-based organizations, and science education organizations regarding— (A) the information and resources that would assist cancer survivors in managing the survivorship experience and obtaining high-quality care across the continuum of care; (B) gaps in such information and resources that need to be addressed to respond to the needs of cancer survivors; and (C) optimal strategies for ensuring that cancer survivors have access to the Center, including strategies that provide virtual options, online resources, and marketing. (4) Use of available evidence-based resources In establishing and operating the Center, the Secretary shall, with permission and attribution, rely on and utilize the evidence-based materials and resources developed, collected, and distributed by cancer organizations. (c) Health care professional resource center (1) In general The Secretary shall establish and operate a health care professional resource center (in this subsection referred to as the Center ) that serves as a comprehensive source of information and resources to assist health care professionals in the delivery of high-quality survivorship care. (2) Reference cancer survivorship guidelines In establishing and operating the Center, the Secretary shall reference cancer survivorship guidelines developed by cancer care professional societies, patient organizations, research foundations, and other health care professional societies in the development of materials related to survivorship care. (3) Support partnerships between cancer specialty societies and primary care provider organizations In establishing and operating the Center, the Secretary shall facilitate collaboration between cancer care specialty societies and primary care provider organizations in the development of standards for survivorship care, including standards for coordination of care and transitions of care from active treatment to long-term survivorship care. (d) Campaign To educate survivors and health care professionals in survivorship care (1) In general The Secretary acting through the Director of the Centers for Disease Control and Prevention (in this subsection referred to as the Secretary ) shall— (A) expand educational programs and services to— (i) health care professionals; and (ii) cancer survivors, their families, and caregivers; and (B) enhance the continuing medical education resources on cancer survivorship that are available to health care professionals. (2) Expand collaboration with Comprehensive Cancer Control National Partnership and other organizations for survivorship education and support (A) In general The Secretary shall expand collaborations with organizations that are part of the Comprehensive Cancer Control National Partnership and other organizations to focus on increasing education and awareness related to cancer survivorship through materials, resources, and other methods as necessary. (B) Collaborate with the organizations in the National Partnership and other organizations The Secretary shall collaborate with the organizations that are part of the Comprehensive Cancer Control National Partnership and other organizations to inform cancer survivors of survivorship monitoring and follow-up standards, availability of survivorship care services, and how to access these services. (C) Reference the survivorship standards of care developed and published by cancer organizations In collaboration with the organizations that are part of the Comprehensive Cancer Control National Partnership, the Secretary shall— (i) develop and implement a plan to distribute survivorship educational materials to ensure that such materials are accessible to all cancer survivors, their families and caregivers, and health care professionals; and (ii) reference in such plan the survivorship standards of care developed and published by such organizations. (3) Continuing medical education (A) In general The Secretary shall carry out a program to support the development of continuing medical education programs for survivorship care that utilize and rely on the guidelines for survivorship care developed and published by national organizations. (B) Timing Not later than 12 months after the date of enactment of this Act, the Secretary shall initiate the program required by subparagraph (A). (C) Grants for development of curriculum for survivorship continuing medical education (i) In general The Secretary shall award grants to eligible entities for development of diverse, equitable, and culturally appropriate curricula for survivorship care curriculum for medical care. (ii) Eligible entities In this subparagraph, the term eligible entity includes a medical professional society, a patient organization, an academic institution, a cancer center, and any other entity with experience in continuing medical education for cancer professionals. (iii) Scope of curriculum To receive a grant under this section, an applicant shall demonstrate its ability to develop survivorship care curriculum for medical care, taking into consideration services from the legal, social work, public health, behavioral sciences, genetic, epidemiology, and nursing fields. (4) Public awareness campaign The Secretary, at an appropriate time after the availability of patient survivorship materials, professional survivorship materials, and continuing medical education programs under this subsection, shall initiate a linguistically and cultural appropriate public awareness campaign that targets the organization's catchment area to ensure that cancer survivors, their families and caregivers, health care professionals, and the public are aware of the scope of survivorship educational and informational resources available from the Centers for Disease Control and Prevention. (e) Cancer survivorship quality-of-Life program (1) In general The Secretary acting through the Director of the Centers for Disease Control and Prevention (in this subsection referred to as the Secretary ) shall carry out a program of awarding grants to eligible entities to provide services to cancer survivors to enhance their quality of life and improve their long-term survival rates. Not later than 18 months after the date of enactment of this Act, the Secretary shall commence operating such program. (2) Eligible entity defined In this subsection, the term eligible entity includes an entity that is— (A) a State comprehensive cancer program; (B) a National Cancer Institute-designated cancer center or centers; or (C) a community-based organization, including a patient advocacy organization, that— (i) has the capacity to reach cancer survivors through local, State, or national organizations; and (ii) is focused on cancer survivors and strategies for meeting their needs related to their health and well-being. (3) Use of funds A grant received under this subsection shall be used to provide services to cancer survivors to enhance their quality of life and improve their long-term survival rates, such as by assisting survivors to— (A) engage in moderate physical activity and other health-promoting activities, including ceasing tobacco use and increasing consumption of healthy foods; (B) increase access to support services to mitigate anxiety, depression, and uncertainty; (C) utilize community support services to fully implement survivorship care plans; (D) access nutrition education and counseling; and (E) adhere to a schedule for, and access, screening for recurrence of cancer or the occurrence of other primary cancers. (4) Standards for application from eligible entities To seek a grant under this subsection, an eligible entity shall submit an application, at such time as may be required by the Secretary, that includes— (A) an explanation of how the entity will— (i) provide cancer survivors access to cancer patient navigator services; (ii) overcome barriers to care for communities of color and multilingual communities; (iii) provide culturally competent care; and (iv) work with and support caregivers of cancer survivors; (B) a description of how the entity receives referrals of cancer survivors from health care professionals, including health care professionals serving historically disadvantaged and underserved communities; (C) documentation of the curriculum that will be used for providers in the program, including mechanisms to update the staff on curriculum changes; and (D) an agreement to provide the Secretary semiannual reports on— (i) the number of participants served; (ii) quality-of-life measures for participants; and (iii) plans for fostering communication between oncology and non-oncology providers serving participants. (5) Responsibilities of the Secretary The Secretary shall— (A) conduct outreach to inform health care professionals of the availability of programs and activities funded under this subsection; (B) analyze the data submitted by grantees under this subsection to determine the number of cancer survivors served and the impact of the program under this subsection on their quality of life; and (C) share best practices among all grantees under this subsection. 11. Adult cancer survivorship study (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall complete a landscape analysis that— (1) assesses the potential benefits of an adult version of the Childhood Cancer Survivor Study; (2) assesses the financial costs and other burdens associated with an adult cancer survivor study; (3) identifies sources of data on adult cancer survivors; (4) identifies gaps in data on adult cancer survivors, compared to data collected in the Childhood Cancer Survivor Study; and (5) identifies strategies to publish data on adult cancer survivors derived from research that is conducted or supported by the National Cancer Institute, in a manner that is accessible to cancer survivors, health care professionals, researchers, and the public. (b) Report Not later than 6 months after the date of completion of the feasibility analysis under subsection (a), the Secretary shall submit to the Congress a report on the results of such feasibility analysis. 12. Survivorship progress report (a) In general Not later than 6 months after the date of enactment of this Act, the Secretary shall enter into an agreement with the Government Accountability Office to conduct a study of the progress made in cancer survivorship over the period beginning on the date of enactment of the National Cancer Act of 1971 ( Public Law 92–216 ). (b) Scope of the study The study under subsection (a) shall investigate developments over the period described in subsection (a) in— (1) the nature and quality of survivorship care; (2) transitions from active treatment to survivorship care; (3) the quality of life of cancer survivors; (4) outcomes for cancer survivors; (5) disparities in access to care and survivorship outcomes; (6) the health care systems for providing survivorship care; (7) the contribution of community-based services to the survivorship care system; and (8) payment for survivorship care by public and private third-party payors. (c) Role of Office of Cancer Survivorship The study under subsection (a) shall— (1) consider the contribution of the Office of Cancer Survivorship to the evolution of cancer survivorship care over the last 25 years; and (2) assess the impact of the mission of the Office and the resources provided to the Office on its leadership in cancer survivorship care. (d) Public meeting In conducting the study under subsection (a), the Comptroller General of the United States shall hold a public meeting with a broad cross section of stakeholders to inform the study’s findings and conclusions. Such stakeholders shall include— (1) cancer survivors; (2) patient organizations representing cancer survivors; (3) oncologists involved in survivorship care and the professional societies representing them; (4) primary care providers involved in survivorship care and the professional societies representing them; (5) other health professionals providing survivorship care and the professional societies representing them; (6) community-based organizations involved in survivorship care; (7) representatives of the National Cancer Institute; (8) third-party payors; (9) researchers engaged in survivorship research; (10) epidemiologists with knowledge of trends in cancer survivorship; and (11) such other stakeholders as the Comptroller General deems important to participate in the public meeting. (e) Report The Comptroller General of the United States shall— (1) release a report on the results of the study under subsection (a); and (2) in addition to the public meeting convened under subsection (d)— (A) convene another public meeting to be held on the day of the release of the report; and (B) include in such meeting all categories of stakeholders listed in subsection (d). 13. Promoting State innovations to ease transitions to the primary care setting for children with cancer (a) Stakeholder group development of best practices; State Medicaid and CHIP program innovation (1) Stakeholder group best practices Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall convene a stakeholder group of representatives of childhood cancer advocacy organizations, Medicaid and CHIP beneficiaries, providers with childhood cancer expertise, the National Association of Medicaid Directors, and other relevant representatives to develop best practices (and submit to the Secretary and Congress a report on such best practices) for States to ease the transition from active oncological care to primary care of children or adolescents with cancer, including best practices for ensuring development of and delivery of survivorship care plans to patients, families, and primary care providers and best practices for such transitions occurring under the State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or State child health plan under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ), as applicable. Such best practices shall include practices to ensure that— (A) cancer care providers transfer diagnosis and treatment information to patient primary care providers; (B) cancer care providers develop an individualized survivorship care plan of potential late effects; (C) cancer care providers deliver the plan to the patient and family members through an in-person visit; (D) cancer care providers deliver the plan to the primary care provider through electronic health records or other means; and (E) relevant health entities develop systems that promote the coordination and effective transition of care between cancer care providers, primary care physicians, and other health care professionals. (2) State Medicaid and CHIP program innovation The Secretary shall work with States on innovative strategies, based on the best practices developed under on the best practices identified under the process described in subsection (a)(1), to ease the transition from active oncological care to primary care of child or adolescent with cancer ensuring development of and delivery of survivorship care plans to patients, families, and primary care providers and transition coverage under the State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or State child health plan under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ), as applicable. (b) Guidance on innovative service delivery systems demonstration project opportunities Not later than 1 year after the date the stakeholder group is convened under subsection (a), the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall issue guidance to State health officials, based on best practices developed under subsection (a)(1), regarding opportunities to design demonstration projects under the Social Security Act to improve care transitions for children and adolescents with cancer who transition from oncological care to primary care and who are otherwise eligible to receive medical assistance under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) or title XXI of such Act ( 42 U.S.C. 1397aa et seq. ). (c) Nonapplication of Federal Advisory Committee Act The Federal Advisory Committee Act shall not apply to the stakeholder group convened under paragraph (1). 14. Childhood cancer demonstration model and standard of care Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) ) is amended— (1) in subparagraph (A), by striking the period at the end and inserting , and shall include the model described in clause (xxviii) of such subparagraph. ; and (2) in subparagraph (B), by adding at the end the following new clause: (xxviii) A local service delivery and State payment model for individuals up to age 21 enrolled under a State plan (or waiver of such plan) under title XIX or a State child health plan (or waiver of such plan) under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ) who have been diagnosed with cancer and who are in the survivorship phase of their treatment. Such model shall— (I) provide for the creation of a survivorship plan, that can be integrated into an electronic health record, for such individuals and disseminate the plan to such individuals, families of such individuals, and the health providers of such individuals; (II) offer States and local providers technical assistance to develop and implement different survivorship care planning services; (III) develop a standard of care based on the Children’s Oncology Group (COG) Long-Term Follow-Up Guidelines for Survivors of Childhood, Adolescent, and Young Adult Cancers to manage the transition of such individuals from active treatment to general care with the informed knowledge of such individuals; and (IV) provide incentives to health care providers for treating such individuals through such model that includes at least two survivorship care planning visits. . 15. Medicaid coverage of fertility preservation services for cancer patients (a) Medicaid (1) In general Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended— (A) in paragraph (30), by striking and at the end; (B) by redesignating paragraph (31) as paragraph (32); and (C) by inserting after paragraph (30) the following new paragraph: (31) standard fertility preservation services (as specified by the Secretary consistent with established medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other professional medical organizations specified by the Secretary) for individuals diagnosed with cancer who— (A) are undergoing treatment for such cancer where such treatment may lead to iatrogenic infertility; (B) previously underwent such treatment and may be at risk of such infertility due to such treatment; or (C) are preparing to undergo such treatment where such treatment may lead to such infertility. . (2) Mandatory benefit Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) ) is amended by striking and (30) and inserting (30), and (31) . (b) CHIP (1) In general Section 2103(c) of the Social Security Act ( 42 U.S.C. 1397cc(c) ) is amended by adding at the end the following new paragraph: (12) Required coverage of fertility preservation services for cancer patients Regardless of the type of coverage elected by a State under subsection (a), the child health assistance provided for a targeted low-income child, and, in the case of a State that elects to provide pregnancy-related assistance pursuant to section 2112, the pregnancy-related assistance provided for a targeted low-income pregnant woman (as such terms are defined for purposes of such section), shall include coverage of standard fertility preservation services (as described in section 1905(a)(31)) for individuals described in such section. . (2) Conforming amendment (A) In general Section 2103(c) of the Social Security Act ( 42 U.S.C. 1397cc(c) ) is amended by redesignating the paragraph (12) added by section 11405(b)(1) of Public Law 117–169 as paragraph (13). (B) Effective date The amendment made by subparagraph (A) shall take effect on October 1, 2023. (c) Effective date The amendments made by this section (other than the amendment made by subsection (b)(2)) shall apply with respect to medical assistance, child health assistance, and pregnancy-related assistance furnished on or after the date that is 18 months after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5295is/xml/BILLS-117s5295is.xml |
117-s-5296 | II 117th CONGRESS 2d Session S. 5296 IN THE SENATE OF THE UNITED STATES December 19, 2022 Mr. Murphy (for himself, Ms. Smith , 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 establish a student loan forgiveness plan for certain borrowers who are employed at a qualified farm or ranch.
1. Short title This Act may be cited as the Student Loan Forgiveness for Farmers and Ranchers Act . 2. Loan forgiveness for farmers and ranchers (a) Amendment to the HEA Part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) is amended by adding at the end the following: 460A. Loan forgiveness for farmers and ranchers (a) Qualified farm or ranch In this section, the term qualified farm or ranch means a farm or ranch with a farm number (within the meaning given the term in section 718.2 of title 7, Code of Federal Regulations, as in effect on the date of enactment of the Student Loan Forgiveness for Farmers and Ranchers Act ). (b) In general The Secretary shall cancel the balance of interest and principal due, in accordance with subsection (c), on any eligible Federal Direct Loan not in default for a borrower who— (1) at the time of initial entrance into the agricultural student loan forgiveness program— (A) is— (i) employed full-time or part-time as farmer or rancher with an AD–20347 form on file with the Department of Agriculture that is current on the date of the initial entrance; or (ii) employed full-time or part-time as an employee or manager of a qualified farm or ranch; and (B) is— (i) a beginning farmer or rancher (as defined under section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )); (ii) an individual from a population that is underrepresented in the agricultural profession (as determined by the Secretary), such as minorities or women; (iii) a socially disadvantaged farmer or rancher (as defined in section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) )); or (iv) a veteran farmer or rancher (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) )); (2) makes 120 monthly payments on the eligible Federal Direct Loan after the date of enactment of the Student Loan Forgiveness for Farmers and Ranchers Act , pursuant to any one or a combination of— (A) payments under an income-based repayment plan under section 493C; (B) payments under a standard repayment plan under section 455(d)(1)(A), based on a 10-year repayment period; (C) monthly payments under a repayment plan under subsection (d)(1) or (g) of section 455 of not less than the monthly amount calculated under section 455(d)(1)(A), based on a 10-year repayment period; or (D) payments under an income contingent repayment plan under section 455(d)(1)(D); (3) is employed full-time as an employee or manager of a qualified farm or ranch at the time of such forgiveness; and (4) has been employed full-time as an employee or manager of a qualified farm or ranch during the period in which the borrower makes each of the qualifying payments described in paragraph (2). (c) Loan cancellation amount After the conclusion of the employment period described in subsection (b), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. (d) Removal from the program (1) In general Subject to paragraph (2), the Secretary shall remove a borrower from the agricultural student loan forgiveness program if the borrower— (A) was less than 40 years old when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full-time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 7 years after entering the program; or (B) was 40 years old or older when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full-time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 3 years after entering the program. (2) Exception for military service The Secretary shall not consider any of the following as a period of time counting toward removal from the agricultural student loan forgiveness program for purposes of paragraph (1): (A) Time serving on active duty during a war or other military operation or national emergency. (B) Time performing qualifying National Guard duty during a war or other military operation or national emergency. (C) The 180-day period following the demobilization date for the service described in subparagraph (A) or (B). (3) Readmission prohibited The Secretary shall not allow a borrower who has been removed from the agricultural student loan forgiveness program under this section to be readmitted to the program, unless the Secretary finds that the borrower has experienced exceptional circumstances. (e) Eligible Federal Direct Loan The term eligible Federal Direct Loan means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. . (b) Regulations Not more than 180 days after the date of enactment of this Act, the Secretary of Education, in consultation with the Secretary of Agriculture, shall promulgate final regulations to carry out the amendment made by subsection (a), including regulations relating to the process of tracking and verifying work as an employee or manager of a qualified farm or ranch for purposes of section 460A of the Higher Education Act of 1965 (as added by this Act). | https://www.govinfo.gov/content/pkg/BILLS-117s5296is/xml/BILLS-117s5296is.xml |
117-s-5297 | II 117th CONGRESS 2d Session S. 5297 IN THE SENATE OF THE UNITED STATES December 19, 2022 Mr. Marshall (for himself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Controlled Substances Act to require electronic communication service providers and remote computing services to report to the Attorney General the unlawful sale and distribution of counterfeit substances and certain controlled substances.
1. Short title This Act may be cited as the Cooper Davis Act . 2. Reporting requirements of electronic communication service providers and remote computing services for the unlawful sale and distribution of counterfeit substances and certain controlled substances (a) In general Part E of the Controlled Substances Act ( 21 U.S.C. 871 et seq. ) is amended by adding at the end the following: 521. Reporting requirements of electronic communication service providers and remote computing services for the unlawful sale and distribution of counterfeit substances and certain controlled substances (a) Definitions In this section, the terms electronic communication service , electronic mail address , provider , remote computing service , and website have the meanings given those terms in section 2258E of title 18, United States Code. (b) Duty To report (1) In general (A) Duty In order to reduce the proliferation of the unlawful sale or distribution of counterfeit substances and certain controlled substances, a provider— (i) shall, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(A), take the actions described in subparagraph (B); and (ii) may, after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(B), take the actions described in subparagraph (B). (B) Actions described The actions described in this subparagraph are— (i) providing to the Drug Enforcement Administration the mailing address, telephone number, facsimile number, and electronic mailing address of, and individual point of contact for, such provider; and (ii) making a report of such facts or circumstances to the Drug Enforcement Administration. (2) Facts and circumstances (A) Violations The facts or circumstances described in this subparagraph are any facts or circumstances that indicate a violation has occurred involving— (i) fentanyl; (ii) methamphetamine; or (iii) the manufacture of a counterfeit substance. (B) Imminent violations The facts or circumstances described in this subparagraph are any facts or circumstances that indicate that a violation described in subparagraph (A) may be planned or imminent. (c) Contents of report In an effort to prevent future violations described in subsection (b)(2)(A), and to the extent the information is within the custody or control of a provider, the facts and circumstances included in each report under subsection (b)(1) shall include the following information: (1) Information about the involved individual Information relating to the identity of any individual who has committed a violation or plans to commit a violation described under subsection (b)(2)(A), which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, payment information (excluding personally identifiable information), screen names or monikers for the account used or any other accounts associated with the individual, or any other identifying information, including self-reported identifying information. (2) Historical reference Information relating to when and how a customer or subscriber of a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to or discovered by the provider, including a date and time stamp and time zone. (3) Geographic location information Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or ZIP Code, provided by the customer or subscriber, or stored or obtained by the provider, and any information as to whether a virtual private network was used. (4) Data relating to the sale of counterfeit substances and certain controlled substances Any data, including symbols, photos, video, icons, or direct messages, relating to activity involving the unlawful sale or distribution of a substance described in subsection (b)(2)(A) or other content relating to the incident such report is regarding. (5) Complete communication The complete communication containing the intent to unlawfully sell or distribute a substance described in subsection (b)(2)(A), including— (A) any data or information regarding the transmission of the communication; and (B) any data or other digital files contained in, or attached to, the communication. (d) Forwarding of report to other Federal law enforcement agencies, State and local law enforcement agencies, and foreign law enforcement agencies The Drug Enforcement Administration shall make available each report made under subsection (b)(1) to other Federal law enforcement agencies, State and local law enforcement agencies, and foreign law enforcement agencies involved in the investigation of violations described in subsection (b)(2)(A). (e) Attorney general responsibilities (1) In general The Attorney General shall enforce this section. (2) Designation of federal agencies The Attorney General may designate a Federal law enforcement agency or agencies to which the Drug Enforcement Administration shall forward a report under subsection (d). (3) Designation of foreign agencies The Attorney General may— (A) in consultation with the Secretary of State, designate foreign law enforcement agencies to which a report may be forwarded under subsection (d); (B) establish the conditions under which such a report may be forwarded to such agencies; and (C) develop a process for foreign law enforcement agencies to request assistance from Federal law enforcement agencies in obtaining evidence related to a report referred under subsection (d). (4) Reporting designated foreign agencies The Attorney General may maintain and make available to the Department of State, providers, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a list of the foreign law enforcement agencies designated under paragraph (3). (5) Notification to providers (A) In general The Drug Enforcement Administration may notify a provider of the information described in subparagraph (B), if— (i) a provider notifies the Drug Enforcement Administration that the provider is making a report under this section as the result of a request by a foreign law enforcement agency; and (ii) the Drug Enforcement Administration forwards the report described in clause (i) to— (I) the requesting foreign law enforcement agency; or (II) another agency in the same country designated by the Attorney General under paragraph (3). (B) Information described The information described in this subparagraph is— (i) the identity of the foreign law enforcement agency to which the report was forwarded; and (ii) the date on which the report was forwarded. (C) Notification of inability to forward report If a provider notifies the Drug Enforcement Administration that the provider is making a report under this section as the result of a request by a foreign law enforcement agency and the Drug Enforcement Administration is unable to forward the report as described in subparagraph (A)(ii), the Drug Enforcement Administration shall notify the provider that the Drug Enforcement Administration was unable to forward the report. (f) Failure To report A provider that knowingly and willfully fails to make a report required under subsection (b)(1) shall be fined— (1) in the case of an initial knowing and willful failure to make a report, not more than $190,000; and (2) in the case of any second or subsequent knowing and willful failure to make a report, not more than $380,000. (g) Protection of privacy Nothing in this section shall be construed to require a provider to— (1) monitor any user, subscriber, or customer of that provider; (2) monitor the content of any communication of any person described in paragraph (1); or (3) affirmatively search, screen, or scan for facts or circumstances described in subsections (b) and (c). (h) Conditions of disclosure of information contained within report (1) In general Except as provided in paragraph (2), a law enforcement agency that receives a report under subsection (d) shall not disclose any information contained in that report. (2) Permitted disclosures by law enforcement A law enforcement agency may disclose information in a report received under subsection (d)— (A) to an attorney for the government for use in the performance of the official duties of that attorney; (B) to such officers and employees of that law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions; (C) to such other government personnel (including personnel of a State or subdivision of a State) as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing Federal criminal law; (D) if the report discloses a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such State law; (E) to a defendant in a criminal case or the attorney for that defendant to the extent the information relates to a criminal charge pending against that defendant; (F) to a provider if necessary to facilitate response to legal process issued in connection to a criminal investigation, prosecution, or post-conviction remedy relating to that report; and (G) as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose. (i) Preservation (1) In general (A) Request to preserve contents (i) In general Subject to clause (ii), for the purposes of this section, a completed submission by a provider of a report to the Drug Enforcement Administration under subsection (b)(1) shall be treated as a request to preserve the contents provided in the report, and any data or other digital files that are reasonably accessible and may provide context or additional information about the reported material or person, for 90 days after the submission to the Drug Enforcement Administration. (ii) Limitations on extension of preservation period (I) Notification that DEA has forwarded report to foreign law enforcement agency The Drug Enforcement Administration may not extend the required period of preservation under clause (i) on the basis of a notification by the Drug Enforcement Administration to the provider under subsection (e)(5)(A). (II) Stored Communications Act The Drug Enforcement Administration may not submit a request to a provider to continue preservation of the contents of a report or other data described in clause (i) under section 2703(f) of title 18, United States Code, beyond the required period of preservation under clause (i) of this subparagraph unless the Drug Enforcement Administration intends in good faith to investigate the user, subscriber, or customer account at issue in the report or make the report available to another Federal, State, or local law enforcement agency. (III) Rule of construction Nothing in subclause (II) shall preclude another Federal, State, or local law enforcement agency from seeking continued preservation of the contents of a report or other data described in clause (i) under section 2703(f) of title 18, United States Code. (B) Notification to user A provider may not notify a user, subscriber, or customer of the provider of a preservation request described in subparagraph (A) unless— (i) the provider has notified the Drug Enforcement Administration of its intent to provide that notice; and (ii) 5 business days have elapsed since the notification under clause (i). (2) Protection of preserved materials A provider preserving materials under this section shall maintain the materials in a secure location and take appropriate steps to limit access to the materials by agents or employees of the service to that access necessary to comply with the requirements of this subsection. (3) Authorities and duties not affected Nothing in this section shall be construed as replacing, amending, or otherwise interfering with the authorities and duties under section 2703 of title 18, United States Code. . (b) Technical and conforming amendment The table of contents for the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) is amended by inserting after the item relating to section 520 the following: Sec. 521. Reporting requirements of electronic communication service providers and remote computing services for the unlawful sale and distribution of counterfeit substances and certain controlled substances. . | https://www.govinfo.gov/content/pkg/BILLS-117s5297is/xml/BILLS-117s5297is.xml |
117-s-5298 | II 117th CONGRESS 2d Session S. 5298 IN THE SENATE OF THE UNITED STATES December 19, 2022 Mr. Peters (for himself, Mr. Portman , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide the Under Secretary for Science and Technology of the Department of Homeland Security with the authority to temporarily extend the duration of protections provided under the SAFETY Act, and for other purposes.
1. Risk management system (a) Definition In this section, the term qualified anti-terrorism technology has the meaning given the term in section 865 of the Homeland Security Act of 2002 ( 6 U.S.C. 665 ). (b) Extension During fiscal year 2023, the Under Secretary for Science and Technology of the Department of Homeland Security may temporarily extend the duration of protections provided under the system of risk management set forth in subtitle G of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 441 et seq. ) to a qualified anti-terrorism technology if the Under Secretary determines that— (1) an application for the renewal of such protections was submitted not later than 165 days before the date of the expiration of such protections; and (2) such application for renewal was complete upon submission. (c) Rule of construction A determination by the Under Secretary to temporarily extend protections to a qualified anti-terrorism technology pursuant to the authority provided by subsection (b) may not be construed to preclude or otherwise limit the authority of the Under Secretary to ultimately approve or deny the application for renewal of such protections. | https://www.govinfo.gov/content/pkg/BILLS-117s5298is/xml/BILLS-117s5298is.xml |
117-s-5299 | II 117th CONGRESS 2d Session S. 5299 IN THE SENATE OF THE UNITED STATES December 19, 2022 Ms. Warren (for herself, Mr. Markey , Mr. Booker , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To end the epidemic of gun violence and build safer communities by strengthening Federal firearms laws and supporting gun violence research, intervention, and prevention initiatives.
1. Short title; table of contents (a) Short title This Act may be cited as the Gun Violence Prevention and Community Safety 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—Firearm licensing Sec. 101. License to own firearms and ammunition. Sec. 102. State firearms licensing. TITLE II—Background Check Reform Sec. 201. Universal background checks. Sec. 202. Completion of background checks; 7-day waiting period. TITLE III—Firearm possession Sec. 301. Protecting victims of domestic violence. Sec. 302. Fugitives from justice. Sec. 303. Minimum age for purchasing firearms and ammunition. Sec. 304. Secure gun storage by owners. Sec. 305. Secure gun storage or safety device for all firearms. Sec. 306. Consumer product safety standards for gun locks and gun safes. Sec. 307. Gun-free school zones. TITLE IV—Extreme Risk Protection Orders Sec. 401. Extreme risk protection order grant program. Sec. 402. Federal extreme risk protection orders. Sec. 403. Federal firearms prohibition. Sec. 404. Identification records. Sec. 405. Conforming amendment. Sec. 406. Full faith and credit. TITLE V—Assault weapons and firearms silencers and mufflers ban Subtitle A—Assault weapons ban Sec. 511. Definitions. Sec. 512. Restrictions on assault weapons and large capacity ammunition feeding devices. Sec. 513. Penalties. Sec. 514. Background checks for transfers of grandfathered semiautomatic assault weapons. Sec. 515. Use of Byrne grants for buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices. Sec. 516. Ban on untraceable and undetectable firearms. Sec. 517. Prohibition on possession of certain firearm accessories. Subtitle B—Firearm silencers and mufflers ban Sec. 521. Definition. Sec. 522. Restrictions on firearm silencers and firearm mufflers. Sec. 523. Penalties. Sec. 524. Effective date. TITLE VI—Firearm trafficking Sec. 601. Prohibition against multiple firearm sales or purchases. Sec. 602. Increased penalties for making knowingly false statements in connection with firearms. Sec. 603. Retention of records. Sec. 604. Revised definition. Sec. 605. Firearms trafficking. TITLE VII—Dealer reform Sec. 701. Gun shop security measures. Sec. 702. Inspections. Sec. 703. Employee background checks. Sec. 704. Gun store thefts. Sec. 705. Civil enforcement. Sec. 706. No effect on State laws governing dealing in firearms. Sec. 707. Lost and stolen reporting requirement. Sec. 708. Report on implementation. Sec. 709. Hearing. Sec. 710. Enhanced record keeping requirements. Sec. 711. Deadline for issuance of final regulations. Sec. 712. Repeal. TITLE VIII—Industry reform Sec. 801. Repeal. Sec. 802. Repeal of exclusion of pistols, revolvers, and other firearms from consumer product safety laws. Sec. 803. Increase in excise taxes relating to firearms. TITLE IX—Research and community violence intervention program Sec. 901. Community violence intervention grant program. Sec. 902. Funding for research on firearms safety or gun violence prevention. TITLE X—Miscellaneous Sec. 1001. Registration. Sec. 1002. Severability. I Firearm licensing 101. License to own firearms and ammunition (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 935. License to own firearms and ammunition (a) In general Except as otherwise provided in this section, it shall be unlawful for any individual who is not licensed under this section to knowingly purchase, acquire, or possess a firearm or ammunition. (b) Eligibility An individual shall be eligible to receive a license under this section if the individual— (1) has attained 21 years of age; (2) has completed training in firearms safety, including— (A) a written test, to demonstrate knowledge of applicable firearms laws; (B) hands-on testing, including firing testing, to demonstrate safe use of a firearm; (C) as part of the process for applying for such a license— (i) has submitted to a background investigation and criminal history check of the individual, including a background check using the National Instant Criminal Background Check System, to ensure the individual is not prohibited from possessing a firearm under subsection (g) or (n) of section 922; and (ii) has submitted a photograph of the individual; (D) has not been determined by a court, in accordance with subsection (c)(5), to be unsuitable to be issued a Federal firearm owner's license; and (E) is not otherwise prohibited by Federal, State, Tribal, or local law from possessing a firearm. (c) Establishment of Federal Firearm Owner's license (1) In general The Attorney General shall issue a Federal firearm owner's license to any individual who is eligible under subsection (b). (2) Issuance of license or notice of denial Not later than 40 days after the date on which an individual submits an application for a Federal firearm owner's license under this section, the Attorney General shall— (A) determine whether the individual is eligible to possess a license under this section; and (B) based on the determination under subparagraph (A)— (i) issue a Federal firearm owner's license to the individual; or (ii) provide written notice to the individual of— (I) the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or (II) a petition filed under paragraph (5). (3) Expiration A Federal firearm owner's license issued under this section shall expire on the date that is 10 years after the date on which the license was issued. (4) Renewal of license (A) In general A Federal firearm owner's license issued under this section may be renewed at the end of the 10-year period described in paragraph (3). (B) Requirements The process for renewal of a Federal firearm owner's license under subparagraph (A) shall include— (i) an up-to-date background investigation and criminal history check of the individual; and (ii) a recent photograph of the individual. (C) Issuance of renewal or notice of denial Not later than 40 days after the date on which an individual submits an application for a renewal of a Federal firearm owner's license under this paragraph, the Attorney General shall— (i) issue a renewed Federal firearm owner's license to the individual; or (ii) provide written notice to the individual of— (I) the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or (II) a petition filed under paragraph (5). (5) ATF determination of unsuitability (A) In general The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives may file a petition, which shall contain a written statement of the reasons supporting the finding required under subparagraph (D), in an appropriate district court of the United States that— (i) an individual who has applied for a Federal firearm owner's license, or renewal thereof, under this section be denied the request for such license; or (ii) a previously issued Federal firearm owner's license be suspended or revoked. (B) Notice Any petition filed under subparagraph (A) shall include written notice to the individual who requested, or is in possession of, the Federal firearm owner's license, as the case may be, describing the facts and circumstances justifying the petition. (C) Hearing Not later than 90 days after the date on which a petition is filed under subparagraph (A), the court shall conduct a hearing. (D) Factors to determine unsuitability Not later than 15 days after the date on which a hearing is conducted under subparagraph (C), the court shall find that an individual is unsuitable to possess a Federal firearm owner's license if, based on a preponderance of the evidence, there exists— (i) reliable, articulable, and credible information that the individual has exhibited or engaged in behavior to suggest the individual could potentially create a risk to public safety or significant risk of suicide; or (ii) other existing factors that suggest that the individual could potentially create a risk to public safety or significant risk of suicide. (E) Notice of determination If a court finds an individual is unsuitable to possess a Federal firearm owner's license, the court shall notify the applicant in writing, setting forth the specific reasons for such determination. (6) Review A determination of the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives or a district court of the United States under this subparagraph may be appealed to the appropriate court of the United States. (d) Exceptions (1) Previously possessed firearms Subsection (a) shall not apply to the possession of any firearm or ammunition by an individual who otherwise lawfully possessed the firearm or ammunition under Federal law on the date on which the Attorney General begins issuing Federal firearm owner's licenses under this section. (2) State licenses (A) In general Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State— (i) has in effect a process for issuing a State firearm owner's license to eligible individuals in the State that is substantially similar to the requirements of subsection (b); and (ii) provides to the Attorney General real-time validity information relating to firearm owner's licenses issued by the State, for inclusion in the database described in section (f). (B) Publication of list of qualifying States (i) In general Not later than 2 years after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 , the Attorney General shall publish a list of States that have in effect a process described in subparagraph (A). (ii) Updated list The Attorney General shall update the list described in clause (i) immediately upon determining that a State should be included on or removed from the list. (3) Licensed dealers, manufacturers, and importers Subsection (a) shall not apply to an individual who is a licensed dealer, licensed manufacturer, or licensed importer. (4) Agencies and law enforcement officers (A) In general Subsection (a) shall not apply to— (i) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); or (ii) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials. (B) Definition For purposes of subparagraph (A), the term campus law enforcement officer means an individual who is— (i) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (ii) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (iii) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (iv) recognized, commissioned, or certified by a government entity as a law enforcement officer. (e) Prohibition of straw purchasing It shall be unlawful for any person to willfully use a valid Federal or State firearm license to purchase a firearm or ammunition on behalf of another individual, regardless of whether the other individual has a valid Federal or State firearm license. (f) Penalties Any person who violates subsection (a) or (e) shall be imprisoned not more than 2 years, fined in accordance with this title, or both. (g) Database The Attorney General shall establish an electronic database, which shall be accessible by Federal, State, local, and Tribal law enforcement agencies and licensed dealers, through which a licensed dealer may verify the validity of a Federal firearm owner's license issued under this section. (h) Revocation of licenses (1) In general The Attorney General shall revoke the Federal firearm owner's license issued to an individual under this section upon the occurrence of any event that would have disqualified the individual from being issued or renewed a Federal firearm owner's license under this section or for a violation of a restriction provided under this section. (2) Required notice Upon revocation of a Federal firearm owner's license under paragraph (1), the Attorney General shall provide written notice of such revocation to the individual to whom the license was issued. (3) Appeal of revocation (A) In general An individual who has the Federal firearm owner's license of the individual revoked under this subsection may appeal the revocation determination to the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. (B) Requirement Not later than 14 days after the date on which an individual appeals a revocation determination under subparagraph (A), the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall conduct a hearing on the appeal. (C) Notice of determination The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall provide written notice of the determination made after a hearing under subparagraph (B) regarding the appealed revocation to the individual. (D) Appeal If the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives determines after a hearing under this paragraph to uphold the revocation, the determination may be appealed to an appropriate district court of the United States. (i) Annual background investigations The Attorney General shall conduct, not less frequently than annually, a background investigation of each individual to whom a Federal firearm owner's license is issued under this section to ensure that the individual is not prohibited from possessing a firearm under subsection (g) or (n) of section 922 or under State law. (j) Annual report Not later than 1 year after the date of enactment of this section, and each year thereafter, the Attorney General shall submit a report to Congress on the implementation of this section and recommendations, if any, for improvements of the system required to be established under this section. (k) Authorization of appropriations There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this section. . (b) Clerical amendment The table of sections for such chapter is amended by adding at the end the following: 935. License to own firearms and ammunition. . (c) Effective date The amendments made by subsections (a) and (b) shall take effect on the date that is 2 years after the date of enactment of this Act. (d) Regulations Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out section 935 of title 18, United States Code, as added by subsection (a), including a regulation requiring that any firearm manufactured after the effective date described in subsection (c) of this section be legibly and conspicuously engraved or cast with the date on which the firearm was manufactured. 102. State firearms licensing (a) In general Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following: PP Firearms licensing 3061. Definitions (a) In general In this part— (1) the term covered license means a— (A) firearms license; or (B) firearms dealer license; (2) the term extreme risk protection order — (A) means a written order, issued by a State court or signed by a magistrate that, for a period not to exceed a timeframe established by the State— (i) prohibits the individual named in the order from having under the custody or control of the individual, purchasing, possessing, or receiving a firearm or ammunition; and (ii) requires that any firearm or ammunition under the custody or control of the individual be removed; and (B) does not include a domestic violence protection order, as defined in section 2266 of title 18, United States Code; (3) the term prohibited individual means an individual who is categorically ineligible to receive a covered license; (4) the term suitable means that an individual does not create a risk to public safety; and (5) the term thorough background check means a Federal and State background check, which may include a fingerprint-based background check. (b) Prohibited individuals For purposes of this part, a State— (1) shall establish standards for categorizing an individual as a prohibited individual for purposes of receiving a covered license; and (2) in establishing standards with respect to a covered license under paragraph (1), shall take into consideration whether limitations may be warranted based on— (A) criminal history; (B) whether an individual has been— (i) deemed a danger to himself or herself or other individuals by a court or authorized administrative body; or (ii) committed to a hospital or institution as a danger to himself or herself or other individuals; (C) age; (D) legal residency; (E) military dishonorable discharges; (F) whether an individual is subject to a permanent or temporary protection order or has ever been convicted of a misdemeanor crime of domestic violence; (G) outstanding arrest warrants; (H) status as a fugitive; (I) renunciation of United States citizenship; and (J) other factors relevant to the suitability of a license holder. 3062. Grants and conditions (a) Grants authorized The Assistant Attorney General may make grants to States to implement or maintain firearms and firearms dealer licensing requirements. (b) Duration of grants A grant under subsection (a) shall be for a period of 3 fiscal years. (c) Use of funds for firearms and firearms dealer licensing (1) Activities Amounts received under a grant under subsection (a) shall be used for the implementation or maintenance of firearms and firearms dealer licensing requirements, which shall incorporate and implement the elements described in paragraph (2). (2) Elements The elements described in this paragraph are those providing that— (A) an individual shall have a firearms license— (i) at the time of the purchase, rental, or lease of a firearm or purchase of ammunition; and (ii) during the entire period of ownership or possession of a firearm or ammunition; (B) (i) an individual who (including the owner or operator of a business that) sells, rents, or leases a minimum number of firearms, or sells ammunition, during a calendar year shall obtain a firearms dealer license; and (ii) the State shall establish the minimum number of firearms for purposes of clause (i), which may not be higher than 10 per calendar year; (C) the chief of police or the board or officer having control of the police department of a local government, or a designee within the same department, shall function as the licensing authority; (D) for an application for issuance or renewal of a firearms license, the licensing authority shall— (i) conduct a thorough background check, which may include— (I) conducting an interview with the applicant; (II) requiring the submission of letters of reference stating that the applicant is of sound mind and character; and (III) any other requirements the State determines relevant; and (ii) make a determination of suitability; (E) a first-time firearms license applicant shall complete safety training; (F) for an application for issuance or renewal of a firearms dealer license, the licensing authority shall conduct an investigation into the criminal history of the applicant, which may include— (i) an interview with the applicant; (ii) a thorough background check; and (iii) any other requirements the State determines relevant; (G) the State shall establish appropriate application processes for covered licenses consistent with Federal, State, and local law; (H) the State shall establish standards and processes by which licensing authorities can revoke, suspend, or deny the issuance or renewal of a covered license; (I) the State shall ensure that a revocation, suspension, or denial cannot be based on race, color, ethnicity, religion, sex, sexual orientation, or gender identity; (J) the State shall establish judicial review processes by which any applicant for or holder of a covered license may, within a reasonable time period, petition to obtain judicial review of a revocation, suspension, or denial of the issuance or renewal of a covered license; (K) the State shall establish— (i) standards and a process under which a family member of an individual who the family member fears is a danger to himself, herself, or others may petition for an extreme risk protection order; and (ii) standards for the termination or extension of an order described in clause (i); (L) the State shall establish processes under which— (i) an individual whose covered license is revoked or suspended, or whose application for issuance or renewal of a covered license is denied, shall surrender or transfer all firearms and ammunition that are or would have been covered by the license; and (ii) an individual who is subject to an extreme risk protection order or a domestic violence protection order, as defined in section 2266 of title 18, United States Code, shall surrender or transfer all firearms and ammunition in the possession of the individual; (M) the State shall establish requirements with which a firearms dealer licensee must comply, which— (i) shall include requirements relating to— (I) the location at which the licensee conducts firearm or ammunition transactions; (II) the manner in which the licensee records firearm or ammunition transactions; (III) background checks for employees of the licensee; and (IV) any other matter that the State determines appropriate; and (ii) may include requirements that a licensee— (I) maintain a permanent place of business— (aa) that is not a residence; and (bb) at which the licensee conducts all firearms or ammunition transactions; (II) submit to mandatory record and inventory inspections by a licensing authority; (III) maintain a sales record book at the permanent place of business described in subclause (I) in accordance with standards established by the State; (IV) conduct a pre-employment background check on each potential employee to determine the suitability of any potential employee who may have direct and unmonitored contact with a firearm or ammunition; and (V) take any other action that the State determines appropriate; (N) the State shall promulgate rules and regulations to ensure the prompt collection, exchange, dissemination, and distribution of information pertaining to the issuance, renewal, expiration, suspension, or revocation of a covered license; (O) the State shall establish standards that are consistent with Federal and State law— (i) governing the transfer of a firearm or ammunition; and (ii) for identifying a prohibited individual, in accordance with section 3061(b); (P) the State shall promulgate rules and regulations that require a dealer or private seller of firearms or ammunition to verify the validity of a firearms license before the sale, rental, or lease of any firearm or the sale of any ammunition; (Q) a dealer or private seller of firearms or ammunition shall report all sales, rentals, and leases of firearms, and sales of ammunition, to State authorities; (R) a dealer of firearms or ammunition shall notify the licensing authority when presented with an invalid or expired firearms license; (S) any firearms licensee whose firearm or ammunition is lost or stolen shall report the loss or theft to the licensing authority and State authorities within a reasonable timeframe and in a manner established by the State; (T) an individual holding a firearms license or firearms dealer license shall renew the license on a timeframe established by the State; (U) an individual may not use the firearms license of the individual to purchase a firearm or ammunition for— (i) the unlawful use of the firearm or ammunition by another individual; or (ii) the resale or other transfer of the firearm or ammunition to an unlicensed individual; and (V) (i) it shall be unlawful to store or keep a firearm in any place unless the firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render the firearm inoperable by any individual other than the owner or other lawfully authorized user; and (ii) for purposes of clause (i), a firearm shall not be considered to be stored or kept if carried by or under the control of the owner or other lawfully authorized user. (3) Separate ammunition dealer license permitted A State that requires a license for dealing ammunition that is separate from a license for dealing firearms shall be deemed to have satisfied the requirements under paragraph (2) relating to a firearms dealer license, as that license relates to the dealing of ammunition, if the State imposes the same requirements for an ammunition dealer license as are mandated under that paragraph for a firearms dealer license, as that license relates to the dealing of ammunition. (d) Application To be eligible to receive a grant under subsection (a), a State shall submit to the Assistant Attorney General an application at such time, in such manner, and containing such information as the Assistant Attorney General may require, including a description of how the State will use the grant to implement or maintain firearms and firearms dealer licensing requirements that include the elements described in subsection (c)(2). (e) Annual report Each State receiving a grant under this section shall submit to the Assistant Attorney General, for each fiscal year during which the State expends amounts received under the grant, a report, at such time and in such manner as the Assistant Attorney General may reasonably require, that contains— (1) a summary of the activities carried out using amounts made available under the grant; (2) an assessment of whether the activities are achieving the elements described in subsection (c)(2); and (3) such other information as the Assistant Attorney General may require. (f) Limitations on the allocation of funds Not more than 2 percent of the amount made available to carry out this section in any fiscal year may be used by the Assistant Attorney General for salaries and administrative expenses. (g) Reallocation of appropriations A recipient of a grant under subsection (a) shall return to the Assistant Attorney General any amounts received under the grant that are not expended for a purpose described in this section. . (b) Authorization of appropriations Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a) ) is amended by adding at the end the following: (29) There are authorized to be appropriated such sums as may be necessary to carry out part PP. . II Background Check Reform 201. Universal background checks (a) In general Section 922 of title 18, United States Code, is amended— (1) by repealing subsection (s); (2) by redesignating subsection (t) as subsection (s); (3) in subsection (s), as redesignated— (A) in paragraph (1)— (i) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively; (ii) by inserting before subparagraph (B), as so redesignated, the following: (A) beginning on the date on which the database is established under section 935(g), before completion of the transfer, the licensee verifies, using the database, that the purchaser has a valid— (i) Federal firearm owner's license issued under section 935; or (ii) qualifying State firearm license, as described in section 935(d)(2), for the State in which the transfer will occur; ; and (iii) in subparagraph (C)(ii), as so redesignated, by striking subparagraph (C) and inserting subparagraph (D) ; (B) in paragraph (3)— (i) by striking subparagraph (A); (ii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (iii) in subparagraph (B)(ii), as so redesignated, by striking (as defined in subsection (s)(8)) ; and (C) by adding at the end the following: (7) In this subsection, the term chief law enforcement officer means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual. ; and (4) by inserting after subsection (s), as so redesignated, the following: (t) (1) (A) Beginning on the date that is 180 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 , it shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). (B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee. (C) If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. (2) Paragraph (1) shall not apply to— (A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; (B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including stepparents and their stepchildren, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee— (i) will use or intends to use the firearm in a crime or is prohibited from possessing firearms under Federal, State, Tribal, or local law; (ii) has committed domestic violence (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ) or by the jurisdiction in which the transfer is occurring or in which the transferee resides); or (iii) is subject to a protection order (as defined in section 2266); (C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; (D) a temporary transfer that is necessary to prevent imminent death, great bodily harm (including such harm to self, family, household members, or others), domestic violence, dating partner violence, sexual assault, stalking, or domestic abuse, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death, great bodily harm, domestic violence, dating partner violence, sexual assault, stalking, or domestic abuse; (E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or (F) a temporary transfer if— (i) the transferor has no reason to believe that the transferee— (I) will use or intends to use the firearm in a crime or is prohibited from possessing firearms under Federal, State, Tribal, or local law; (II) has committed domestic violence (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ) or by the jurisdiction in which the transfer is occurring or in which the transferee resides); or (III) is subject to a protection order (as defined in section 2266); and (ii) the transfer takes place and the transferee's possession of the firearm is exclusively— (I) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; (II) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor— (aa) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and (bb) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or (III) in the presence of the transferor. . (b) Technical and conforming amendments (1) Chapter 44 of title 18, United States Code (A) Section 922 Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and inserting and (g)(5)(B) . (B) Section 925A Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking subsection (s) or (t) of section 922 and inserting section 922(s) . (C) Section 925B Section 925B of title 18, United States Code, is amended by striking section 922(t) each place the term appears and inserting section 922(s) . (2) Brady Handgun Violence Prevention Act Section 103(l) of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901(l) ) is amended, in the matter preceding paragraph (1), by striking subsection (t) and inserting subsection (s) . 202. Completion of background checks; 7-day waiting period (a) In general Section 922(s)(1) of title 18, United States Code, as amended by section 201 of this Act, is amended— (1) in subparagraph (C)— (A) in clause (i), by striking ; or and inserting ; and ; and (B) in clause (ii)— (i) by striking subject to subparagraph (D), 3 business and inserting not less than 7 business ; and (ii) by striking , and the and all that follows and inserting ; and ; (2) by striking subparagraph (D); and (3) by redesignating subparagraph (E) as subparagraph (D). (b) Technical and conforming amendments (1) Section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ) is amended by striking subsection (l). (2) Section 12001(a)(3) of the Bipartisan Safer Communities Act ( Public Law 117–159 ; 136 Stat. 1324) is amended by inserting , except to the extent that those provisions of law were amended by the Gun Violence Prevention and Community Safety Act of 2022 before the period at the end. III Firearm possession 301. Protecting victims of domestic violence (a) Definition Section 921(a) of title 18, United States Code, is amended— (1) by striking paragraph (32) and inserting the following: (32) The term intimate partner means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, an individual who cohabitates or has cohabited with the person, a dating partner or former dating partner (as defined in section 2266) of the person, and any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the jurisdiction in which the abuse occurred or where the victim resides. ; (2) in paragraph (33)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking Except as provided in subparagraphs (B) and (C), the term and inserting The term ; and (ii) in clause (ii)— (I) by inserting dating partner (as defined in section 2266), after spouse, each place the term appears; (II) by inserting or after guardian ; and (III) by striking , or by a person who has a current or recent former dating relationship with the victim ; and (B) by striking subparagraph (C); and (3) by striking paragraph (37) and inserting the following: (37) (A) The term misdemeanor crime of stalking means an offense that— (i) is a misdemeanor crime of stalking under Federal, State, Tribal, or municipal law; and (ii) is a course of harassment, intimidation, or surveillance of another person that— (I) places that person in reasonable fear of material harm to the health or safety of— (aa) that person; (bb) an immediate family member (as defined in section 115) of that person; (cc) a household member of that person; or (dd) a spouse or intimate partner of that person; or (II) causes, attempts to cause, or would reasonably be expected to cause emotional distress to a person described in item (aa), (bb), (cc), or (dd) of subclause (I). (B) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— (i) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (ii) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either— (I) the case was tried by a jury; or (II) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (C) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. . (b) Addition of stalking and those subject to court order Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (8)— (i) in the matter preceding subparagraph (A), by striking that restrains such person and all that follows and inserting described in subsection (g)(8); ; and (ii) by striking subparagraphs (A) and (B); and (B) in paragraph (9), by inserting before the semicolon at the end the following: or a misdemeanor crime of stalking ; and (2) in subsection (g)— (A) by amending paragraph (8) to read as follows: (8) who is subject to a court order— (A) that was issued— (i) after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or (ii) in the case of an ex parte order, relative to which notice and opportunity to be heard are provided— (I) within the time required by State, tribal, or territorial law; and (II) in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the person; (B) that restrains such person from— (i) harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; or (ii) intimidating or dissuading a witness from testifying in court; and (C) that— (i) includes a finding that such person represents a credible threat to the physical safety of such individual described in subparagraph (B); or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such individual described in subparagraph (B) that would reasonably be expected to cause bodily injury; or ; and (B) in paragraph (9), by inserting before the comma at the end the following: or a misdemeanor crime of stalking . 302. Fugitives from justice Chapter 44 of title 18, United States Code, is amended— (1) in section 921(a)(15)— (A) by striking who has fled and inserting the following: who— (A) has fled ; (B) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (B) is subject to an outstanding arrest warrant issued by any court. ; and (2) in section 922(g)(2), by inserting knows that he or she after who . 303. Minimum age for purchasing firearms and ammunition (a) In general Chapter 44 of title 18, United States Code, is amended— (1) in section 922— (A) in subsection (a)— (i) in paragraph (2)(A), by striking (b)(3) and inserting (b)(2) ; (ii) in paragraph (3), by striking (b)(3) and inserting (b)(2) ; (iii) in paragraph (9), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (10) for any person to transfer, sell, trade, give, transport, or deliver any firearm or ammunition to any person who the transferor knows or has reasonable cause to believe is less than 21 years of age, except that this paragraph shall not apply to— (A) a temporary transfer of a firearm or ammunition to a person who is less than 21 years of age or to the possession or use of a firearm or ammunition by a person who is less than 21 years of age if the firearm or ammunition is possessed and used by the person— (i) in the course of employment, in the course of ranching or farming related to activities at the residence of the person (or on property used for ranching or farming at which the person, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a firearm; (ii) with the prior written consent of the person’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except— (I) during transportation by the person of an unloaded firearm in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the person of that firearm, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or (II) with respect to ranching or farming activities as described in clause (i), a person who is less than 21 years of age may possess and use a firearm or ammunition with the prior written approval of the person’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; (iii) the person has the prior written consent in the person’s possession at all times when a firearm or ammunition is in the possession of the person; and (iv) in accordance with State and local law; (B) a person who is less than 21 years of age who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a firearm or ammunition in the line of duty; (C) a transfer by inheritance of title (but not possession) of a firearm or ammunition to a person who is less than 21 years of age; or (D) the possession of a firearm or ammunition by a person who is less than 21 years of age for the purpose described in subsection (x)(3)(D). ; (B) in subsection (b)— (i) by striking paragraph (1); (ii) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and (iii) in the undesignated matter following paragraph (4), as so redesignated— (I) in the first sentence, by striking Paragraphs (1), (2), (3), and (4) and inserting Subsection (a)(10) and paragraphs (1), (2), and (3) ; and (II) in the second sentence, by striking Paragraph (4) and inserting Paragraph (3) ; and (C) in subsection (c)(1), by striking , in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, I am eighteen years or more of age and inserting I am 21 years or more of age ; and (2) in section 924— (A) in subsection (a)(6), by striking handgun each place the term appears and inserting firearm ; and (B) in subsection (d)(3)(C), by striking 922(b)(3) each place the term appears and inserting 922(b)(2) . (b) Technical and conforming amendments (1) Section 4182(d) of the Internal Revenue Code of 1986 is amended by striking 922(b)(5) and inserting 922(b)(4) . (2) Section 161A(b) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201a(b) ) is amended, in the matter preceding paragraph (1), by striking (b)(2), (b)(4) and inserting (b)(1), (b)(3) . 304. Secure gun storage by owners Section 922(z) of title 18, United States Code, is amended by adding at the end the following: (4) Secure gun storage by owners (A) Offense (i) In general Except as provided in clause (ii), it shall be unlawful for a person to store or keep any firearm that has moved in, or that has otherwise affected, interstate or foreign commerce on the premises of a residence under the control of the person if the person knows, or reasonably should know, that— (I) a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor; or (II) a resident of the residence is ineligible to possess a firearm under Federal, State, or local law. (ii) Exception Clause (i) shall not apply to a person if the person— (I) keeps the firearm— (aa) secure using a secure gun storage or safety device; or (bb) in a location which a reasonable person would believe to be secure; or (II) carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person. (B) Penalty (i) In general Any person who violates subparagraph (A) shall be subject to a $500 civil penalty per violation and shall not be subject to the penalty under section 924(a)(1) by reason of subparagraph (D) of that section. (ii) Enhanced penalty If a person violates subparagraph (A) and a minor or a resident who is ineligible to possess a firearm under Federal, State, or local law obtains the firearm, the person shall be fined under this title, imprisoned for not more than 5 years, or both. (iii) Forfeiture of improperly stored firearm Any firearm stored in violation of subparagraph (A) shall be subject to seizure and forfeiture in accordance with the procedures described in section 924(d). (C) Minor defined In this paragraph, the term minor means an individual who is less than 18 years of age. . 305. Secure gun storage or safety device for all firearms Section 922(z) of title 18, United States Code, is amended by striking handgun each place it appears and inserting firearm . 306. Consumer product safety standards for gun locks and gun safes (a) In general The Consumer Product Safety Act ( 15 U.S.C. 2051 et seq. ) is amended by adding at the end the following: 43. Consumer product safety standards for firearm locks and firearm safes (a) Establishment of standards (1) Rulemaking required (A) Rulemaking proceeding Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish— (i) a consumer product safety standard for firearm locks; and (ii) a consumer product safety standard for firearm safes. (B) Final rule Notwithstanding any other provision of law, including chapter 5 of title 5, United States Code, the Commission shall promulgate final consumer product safety standards under this paragraph within 12 months after the date on which the Commission initiates the rulemaking proceeding under subparagraph (A). (C) Effective date Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. (2) Requirements for firearm lock standard The standard for firearm locks promulgated under paragraph (1) shall require firearm locks that— (A) are sufficiently difficult for an unauthorized user to de-activate or remove; and (B) prevent the discharge of the firearm unless the firearm lock has been de-activated or removed. (3) Requirements for firearm safe standard The standard for firearm safes promulgated under paragraph (1) shall require firearm safes that reliably secure firearms from unauthorized users, and include reliable security features, quality, and construction to reliably prevent unauthorized users from gaining access to a firearm by damaging or physically manipulating the safe. (b) Certain provisions not To apply (1) Provisions of this Act Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). (2) Chapter 5 of title 5 Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section. (3) Chapter 6 of title 5 Chapter 6 of title 5, United States Code, does not apply to this section. (4) National Environmental Policy Act The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) does not apply to this section. (c) No effect on State law Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. A provision of the law of a State or a political subdivision thereof is not inconsistent with a consumer product safety standard promulgated under subsection (a)(1) if such provision affords greater protection to individuals with respect to firearms than is afforded by such standard. (d) Enforcement Notwithstanding subsection (b)(1), the consumer product safety standards promulgated by the Commission under subsection (a)(1) shall be enforced under this Act as if such standards were consumer product safety standards described in section 7(a). (e) Definitions In this section: (1) Firearm The term firearm has the meaning given the term in section 921(a) of title 18, United States Code. (2) Firearm lock The term firearm lock means any disabling or locking device that is not built into the firearm at the time of manufacture and that is designed to prevent the firearm from being discharged unless the device has been deactivated or removed. (3) Firearm safe The term firearm safe means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means. . (b) Conforming amendment Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: Sec. 43. Consumer product safety standards for firearm locks and firearm safes. . (c) Authorization of appropriations There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act , as added by subsection (a), such sums to remain available until expended. 307. Gun-free school zones (a) Extension of Gun-Free School Zones Act to colleges and universities Section 921(a) of title 18, United States Code, is amended— (1) in paragraph (26), by striking public, parochial or private each place that term appears; and (2) in paragraph (27)— (A) by striking means a school and inserting the following: means— (A) a public, parochial, or private school ; and (B) by striking the period at the end and inserting the following: ; and (B) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). . (b) Elimination of exception for licensed individuals Section 922(q)(2)(B) of title 18, United States Code, is amended— (1) by striking clause (ii); and (2) by redesignating clauses (iii) through (vii) as clauses (ii) through (vi), respectively. IV Extreme Risk Protection Orders 401. Extreme risk protection order grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a State or Indian Tribe— (i) that enacts legislation described in subsection (c); (ii) with respect to which the Attorney General determines that the legislation described in clause (i) complies with the requirements under subsection (c)(1); and (iii) that certifies to the Attorney General that the State or Indian Tribe shall— (I) use the grant for the purposes described in subsection (b)(2); and (II) allocate not less than 25 percent and not more than 70 percent of the amount received under a grant under subsection (b) for the development and dissemination of training for law enforcement officers in accordance with subsection (b)(4); or (B) a unit of local government or other public or private entity that— (i) is located in a State or in the territory under the jurisdiction of an Indian Tribe that meets the requirements described in clauses (i) and (ii) of subparagraph (A); and (ii) certifies to the Attorney General that the unit of local government or entity shall— (I) use the grant for the purposes described in subsection (b)(2); and (II) allocate not less than 25 percent and not more than 70 percent of the amount received under a grant under this section for the development and dissemination of training for law enforcement officers in accordance with subsection (b)(4). (2) Extreme risk protection order The term extreme risk protection order means a written order or warrant, issued by a State or Tribal court or signed by a magistrate (or other comparable judicial officer), the primary purpose of which is to reduce the risk of firearm-related death or injury by doing 1 or more of the following: (A) Prohibiting a named individual from having under the custody or control of the individual, owning, purchasing, possessing, or receiving a firearm. (B) Having a firearm removed or requiring the surrender of firearms from a named individual. (3) Firearm The term firearm has the meaning given the term in section 921 of title 18, United States Code. (4) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 1709 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10389 ). (5) Law enforcement officer The term law enforcement officer means a public servant authorized by Federal, State, local, or Tribal law or by a Federal, State, local, or Tribal government agency to— (A) engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or (B) supervise sentenced criminal offenders. (6) Petitioner The term petitioner means an individual authorized under State or Tribal law to petition for an extreme risk protection order. (7) Respondent The term respondent means an individual named in the petition for an extreme risk protection order or subject to an extreme risk protection order. (8) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (9) Unit of local government The term unit of local government has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ). (b) Grant program established (1) In general The Attorney General shall establish a program under which, from amounts made available to carry out this section, the Attorney General may make grants to eligible entities to assist in carrying out the provisions of the legislation described in subsection (c). (2) Use of funds Funds awarded under this subsection may be used by an applicant to— (A) enhance the capacity of law enforcement agencies and the courts of a State, unit of local government, or Indian Tribe by providing personnel, training, technical assistance, data collection, and other resources to carry out enacted legislation described in subsection (c); (B) train judges, court personnel, health care and legal professionals, and law enforcement officers to more accurately identify individuals whose access to firearms poses a danger of causing harm to themselves or others by increasing the risk of firearms suicide or interpersonal violence; (C) develop and implement law enforcement and court protocols, forms, and orders so that law enforcement agencies and the courts may carry out the provisions of the enacted legislation described in subsection (c) in a safe, equitable, and effective manner, including through the removal and storage of firearms pursuant to extreme risk protection orders under the enacted legislation; and (D) raise public awareness and understanding of the enacted legislation described in subsection (c), including through subgrants to community-based organizations for the training of community members, so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury. (3) Application An eligible entity desiring a grant under this subsection shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require. (4) Training (A) In general A recipient of a grant under this subsection shall provide training to law enforcement officers, including officers of relevant Federal, State, local, and Tribal law enforcement agencies, in the safe, impartial, effective, and equitable use and administration of extreme risk protection orders, including training to address— (i) bias based on race and racism, ethnicity, gender, sexual orientation, gender identity, religion, language proficiency, mental health condition, disability, and classism in the use and administration of extreme risk protection orders; (ii) the appropriate use of extreme risk protection orders in cases of domestic violence, including the applicability of other policies and protocols to address domestic violence in situations that may also involve extreme risk protection orders and the necessity of safety planning with the victim before a law enforcement officer petitions for and executes an extreme risk protection order, if applicable; (iii) interacting with persons with a mental illness or emotional distress, including de-escalation and crisis intervention; and (iv) best practices for referring persons subject to extreme risk protection orders and associated victims of violence to social service providers that may be available in the jurisdiction and appropriate for those individuals, including health care, mental health, substance abuse, and legal services, employment and vocational services, housing assistance, case management, and veterans and disability benefits. (B) Consultation with experts A recipient of a grant under this subsection, in developing law enforcement training required under subparagraph (A), shall seek advice from domestic violence service providers (including culturally specific (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )) organizations), social service providers, suicide prevention advocates, violence intervention specialists, law enforcement agencies, mental health disability experts, and other community groups working to reduce suicides and violence, including domestic violence, within the State or the territory under the jurisdiction of the Indian Tribe, as applicable, that enacted the legislation described in subsection (c) that enabled the grant recipient to be an eligible entity. (5) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (c) Eligibility for extreme risk protection order grant program (1) Requirements Legislation described in this subsection is legislation that establishes requirements that are substantially similar to the following: (A) Petition for extreme risk protection order A petitioner, including a law enforcement officer, may submit a petition to a State or Tribal court, on a form designed by the court or a State or Tribal agency, that— (i) describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual; and (ii) is signed by the applicant, under oath. (B) Notice and due process The individual named in a petition for an extreme risk protection order as described in subparagraph (A) shall be given written notice of the petition and an opportunity to be heard on the matter in accordance with this paragraph. (C) Issuance of extreme risk protection orders (i) Hearing (I) In general Upon receipt of a petition described in subparagraph (A) or request of an individual named in such a petition, the court shall order a hearing to be held within a reasonable time, and not later than 30 days after the date of the petition or request. (II) Determination If the court finds at the hearing ordered under subclause (I), by a preponderance of the evidence or according to a higher evidentiary standard established by the State or Indian Tribe, that the respondent poses a danger of causing harm to self or others by having access to a firearm, the court may issue an extreme risk protection order. (ii) Duration of extreme risk protection order An extreme risk protection order shall be in effect— (I) until an order terminating or superseding the extreme risk protection order is issued; or (II) for a set period of time. (D) Ex parte extreme risk protection orders (i) In general Upon receipt of a petition described in subparagraph (A), the court may issue an ex parte extreme risk protection order, if— (I) the petition for an extreme risk protection order alleges that the respondent poses a danger of causing harm to self or others by having access to a firearm; and (II) the court finds there is probable cause to believe, or makes a finding according to a higher evidentiary standard established by the State or Indian Tribe, that the respondent poses a danger of causing harm to self or others by having access to a firearm. (ii) Duration of ex parte extreme risk protection order An ex parte extreme risk protection order shall remain in effect only until the hearing required under subparagraph (C)(i). (E) Storage of removed firearms (i) Availability for return All firearms removed or surrendered pursuant to an extreme risk protection order shall only be available for return to the named individual when the individual has regained eligibility under Federal and State law, and, where applicable, Tribal law to possess firearms. (ii) Consent required for disposal or destruction Firearms owned by a named individual may not be disposed of or destroyed during the period of the extreme risk protection order without the consent of the named individual. (F) Notification (i) In general (I) Requirement A State or Tribal court that issues an extreme risk protection order shall notify the Attorney General or the comparable State or Tribal agency, as applicable, of the order as soon as practicable or within a designated period of time. (II) Form and manner A State or Tribal court shall submit a notification under subclause (I) in an electronic format, in a manner prescribed by the Attorney General or the comparable State or Tribal agency. (ii) Update of databases As soon as practicable or within the time period designated by State or Tribal law after receiving a notification under clause (i), the Attorney General or the comparable State or Tribal agency shall ensure that the extreme risk protection order is reflected in the National Instant Criminal Background Check System. (2) Additional provisions Legislation described in this subsection may— (A) provide procedures for the termination of an extreme risk protection order; (B) provide procedures for the renewal of an extreme risk protection order; (C) establish burdens and standards of proof for issuance of orders described in paragraph (1) that are substantially similar to or higher than the burdens and standards of proof set forth in that paragraph; (D) limit the individuals who may submit a petition described in paragraph (1), provided that, at a minimum, 1 or more law enforcement officers are authorized to do so; and (E) include any other authorizations or requirements that the State or Tribal authorities determine appropriate. (3) Annual report Not later than 1 year after the date on which an eligible entity receives a grant under subsection (b), and annually thereafter for the duration of the grant period, the entity shall submit to the Attorney General a report that includes, with respect to the preceding year— (A) the number of petitions for ex parte extreme risk protection orders filed, as well as the number of such orders issued and the number denied, disaggregated by— (i) the jurisdiction; (ii) the individual authorized under State or Tribal law to petition for an extreme risk protection order, including the relationship of the individual to the respondent; and (iii) the alleged danger posed by the respondent, including whether the danger involved a risk of suicide, unintentional injury, domestic violence, or other interpersonal violence; (B) the number of petitions for extreme risk protection orders filed, as well as the number of such orders issued and the number denied, disaggregated by— (i) the jurisdiction; (ii) the individual authorized under State or Tribal law to petition for an extreme risk protection order, including the relationship of the individual to the respondent; and (iii) the alleged danger posed by the respondent, including whether the danger involved a risk of suicide, unintentional injury, domestic violence, or other interpersonal violence; (C) the number of petitions for renewals of extreme risk protection orders filed, as well as the number of such orders issued and the number denied; (D) the number of cases in which a court imposed a penalty for false reporting or frivolous petitions; (E) demographic data of petitioners, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency, if available; (F) demographic data of respondents, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency, if available; and (G) the number of firearms removed, if available. 402. Federal extreme risk protection orders (a) In general Chapter 44 of title 18, United States Code, as amended by section 101 of this Act, is amended by adding at the end the following: 936. Extreme risk protection orders (a) Definitions In this section: (1) Court The term court means a district court of the United States. (2) Designated law enforcement officer The term designated law enforcement officer means a law enforcement officer, designated by a United States marshal, who agrees to receive firearms, ammunition, and permit, as applicable, surrendered under subsection (f). (3) Director The term Director means the Director of the Administrative Office of the United States Courts. (4) Ex parte extreme risk protection order; ex parte order The term ex parte extreme risk protection order or ex parte order means an extreme risk protection order issued under subsection (c). (5) Extreme risk protection order The term extreme risk protection order — (A) means an order issued by a Federal court under this section, the primary purpose of which is to reduce the risk of firearm-related death or injury by enjoining an individual from purchasing, possessing, or receiving, in or affecting interstate and foreign commerce, a firearm or ammunition; and (B) does not include a domestic violence protection order, as defined in section 2266. (6) Family or household member The term family or household member , with respect to a respondent, means any— (A) parent, spouse, sibling, or child related by blood, marriage, or adoption to the respondent; (B) dating partner of the respondent; (C) individual who has a child in common with the respondent, regardless of whether the individual has— (i) been married to the respondent; or (ii) lived together with the respondent at any time; (D) individual who resides or has resided with the respondent during the past year; (E) domestic partner of the respondent; (F) individual who has a legal parent-child relationship with the respondent, including a stepparent-stepchild and grandparent-grandchild relationship; or (G) individual who is acting or has acted as the legal guardian of the respondent. (7) Law enforcement officer The term law enforcement officer means any officer, agent, or employee of the Federal Government or a State government, unit of local government, or Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) authorized— (A) by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law; or (B) by law to supervise sentenced criminal offenders. (8) Long-term extreme risk protection order; long-term order The term long-term extreme risk protection order or long-term order means an extreme risk protection order issued under subsection (d). (9) Mental health agency The term mental health agency means an agency of a State, tribal, or local government or its contracted agency that is responsible for mental health services or co-occurring mental health and substance abuse services. (10) National instant criminal background check system The term national instant criminal background check system means the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ). (b) Petition (1) In general A family or household member of the applicable individual, or a law enforcement officer, may submit to an appropriate district court of the United States a petition requesting that the court issue an ex parte extreme risk protection order or long-term extreme risk protection order with respect to an individual. (2) No fees A court may not charge a petitioner any fee for filing a petition under paragraph (1). (3) Confidentiality A petitioner who is a law enforcement officer may provide the identity of the sources of the petitioner, and any identifying information, to the court under seal. (c) Ex parte orders (1) Timing (A) In general Except as provided in subparagraph (B), a court that receives a petition for an ex parte order under subsection (b) shall grant or deny the petition on the date on which the petition is submitted. (B) Late petitions If a court receives a petition for an ex parte order submitted under subsection (b) too late in the day to permit effective review, the court shall grant or deny the petition on the next day of judicial business at a time early enough to permit the court to file an order with the clerk of the court during that day. (2) Evidence required Before issuing an ex parte order, a court shall require that the petitioner submit a signed affidavit, sworn to before the court, that— (A) explains why the petitioner believes that the respondent poses a risk of imminent personal injury to the respondent or another individual, by purchasing, possessing, or receiving a firearm or ammunition; and (B) describes the interactions and conversations of the petitioner with— (i) the respondent; or (ii) another individual, if the petitioner believes that information obtained from that individual is credible and reliable. (3) Standard for issuance of order A court may issue an ex parte order only upon a finding of probable cause to believe that— (A) the respondent poses a risk of imminent personal injury to the respondent or another individual, by purchasing, possessing, or receiving a firearm or ammunition; and (B) the order is necessary to prevent the injury described in subparagraph (A). (4) Duration An ex parte order shall expire on the earlier of— (A) the date that is 14 days after the date of issuance; or (B) the date on which the court determines whether to issue a long-term order with respect to the respondent. (d) Long-Term orders (1) Hearing required If a court receives a petition for an extreme risk protection order for a respondent under subsection (b), the court shall hold a hearing to determine whether to issue a long-term order with respect to the respondent either— (A) (i) except as provided in clause (ii), not later than 72 hours after the court issues an ex parte order with respect to the respondent; or (ii) if the court issues an ex parte order with respect to the respondent but the order is not served on the respondent within 72 hours of the issuance, not later than 72 hours after the order is served on the respondent; or (B) if the respondent waives the right to a hearing under subparagraph (A) or the court does not issue an ex parte order, not later than 14 days after the date on which the court receives the petition. (2) Notice and opportunity to be heard (A) In general The court shall provide the respondent with notice and the opportunity to be heard at a hearing under this subsection, sufficient to protect the due process rights of the respondent. (B) Right to counsel (i) In general At a hearing under this subsection, the respondent may be represented by counsel who is— (I) chosen by the respondent; and (II) authorized to practice at such a hearing. (ii) Court-provided counsel (I) In general If the respondent is financially unable to obtain representation by counsel, the court, at the request of the respondent, may appoint counsel to represent the respondent in proceedings under this subsection. (II) Reasonable compensation An attorney appointed pursuant to this subparagraph shall be provided reasonable attorney's fees and expenses. (3) Burden of proof; standard At a hearing under this subsection, the petitioner— (A) shall have the burden of proving all material facts; and (B) shall be required to demonstrate, by a preponderance of the evidence, that— (i) the respondent poses a risk of personal injury to the respondent or another individual, during the period to be covered by the proposed extreme risk protection order, by purchasing, possessing, or receiving a firearm or ammunition; and (ii) the order is necessary to prevent the injury described in clause (i). (4) Issuance Upon a showing of clear and convincing evidence under paragraph (3), the court shall issue a long-term order with respect to the respondent that shall be in effect for a period of not more than 180 days. (5) Denial If the court finds that there is not clear and convincing evidence to support the issuance of a long-term order, the court shall dissolve any ex parte order then in effect with respect to the respondent. (6) Renewal (A) Notice of scheduled expiration Thirty days before the date on which a long-term order is scheduled to expire, the court that issued the order shall— (i) notify the petitioner and the respondent that the order is scheduled to expire; and (ii) advise the petitioner and the respondent of the procedures for seeking a renewal of the order under this paragraph. (B) Petition If a family or household member of the respondent, or a law enforcement officer, believes that the conditions under paragraph (3)(B) continue to apply with respect to a respondent who is subject to a long-term order, the family or household member or law enforcement officer may submit to the court that issued the order a petition for a renewal of the order. (C) Hearing A court that receives a petition submitted under subparagraph (B) shall hold a hearing to determine whether to issue a renewed long-term order with respect to the respondent. (D) Applicable procedures The requirements under paragraphs (2) through (5) shall apply to the consideration of a petition for a renewed long-term order submitted under subparagraph (B) of this paragraph. (E) Issuance Upon a showing by clear and convincing evidence that the conditions under paragraph (3)(B) continue to apply with respect to the respondent, the court shall issue a renewed long-term order with respect to the respondent. (e) Factors To consider In determining whether to issue an extreme risk protection order, a court— (1) shall consider factors including— (A) recent threats, by any medium, or acts of violence by the respondent directed toward other individuals; (B) recent threats, by any medium, or acts of violence by the respondent directed toward the respondent; (C) recent acts of cruelty to animals by the respondent; (D) evidence of ongoing abuse of controlled substances or alcohol by the respondent that has led to threats or acts of violence directed toward the respondent or other individuals; and (E) evidence of danger to self or others transmitted by electronic communications or publications through social media or networking; and (2) may consider other factors, including— (A) the reckless use, display, or brandishing of a firearm by the respondent; (B) a history of violence or attempted violence by the respondent against other individuals; and (C) evidence of explicit or implicit threats made by the person through any medium that demonstrate that the person poses a risk of personal injury to the person or others. (f) Relinquishment of firearms and ammunition (1) Order of surrender Upon issuance of an ex parte order or long-term order, the court shall order the respondent to surrender all firearms and ammunition that the respondent possesses or owns, in or affecting interstate commerce, as well as any permit authorizing the respondent to purchase or possess firearms (including a concealed carry permit), to— (A) the United States Marshals Service; or (B) a designated law enforcement officer. (2) Surrender and removal (A) Manner of service (i) Personal service Except as provided in clause (ii), a United States marshal or designated law enforcement officer shall serve an extreme risk protection order on a respondent by handing the order to the respondent. (ii) Alternative service If the respondent cannot reasonably be located for service as described in clause (i), an extreme risk protection order may be served on the respondent in any manner authorized under the Federal Rules of Civil Procedure. (B) Removal Except as provided in subparagraph (C), a United States marshal or designated law enforcement officer serving an extreme risk protection order personally on the respondent shall— (i) request that all firearms and ammunition, in or affecting interstate commerce, as well as any permit authorizing the respondent to purchase or possess firearms (including a concealed carry permit), that the respondent possesses or owns— (I) be immediately surrendered to the United States marshal or designated law enforcement officer; or (II) at the option of the respondent, be immediately surrendered and sold to a federally licensed firearms dealer; and (ii) take possession of all firearms and ammunition described in clause (i) that are not sold under subclause (II) of that clause, as well as any permit described in that clause, that are— (I) surrendered; (II) in plain sight; or (III) discovered pursuant to a lawful search. (C) Alternative surrender If a United States marshal or designated law enforcement officer is not able to personally serve an extreme risk protection order under subparagraph (A)(i), or is not reasonably able to take custody of the firearms, ammunition, and permits under subparagraph (B), the respondent shall surrender the firearms, ammunition, and permits in a safe manner to the control of a United States marshal or designated law enforcement officer not later than 48 hours after being served with the order. (3) Receipt (A) Issuance At the time of surrender or removal under paragraph (2), a United States marshal or designated law enforcement officer taking possession of a firearm, ammunition, or a permit pursuant to an extreme risk protection order shall— (i) issue a receipt identifying all firearms, ammunition, and permits that have been surrendered or removed; and (ii) provide a copy of the receipt issued under clause (i) to the respondent. (B) Filing Not later than 72 hours after service of an order under paragraph (2)(A), the United States marshal who served the order or designated another law enforcement officer to do so shall— (i) file the original receipt issued under subparagraph (A) of this paragraph with the court that issued the extreme risk protection order; and (ii) ensure that the United States Marshals Service retains a copy of the receipt. (C) Designated law enforcement officer If a designated law enforcement officer issues a receipt under subparagraph (A), the officer shall submit the original receipt and a copy of the receipt to the appropriate United States marshal to enable the United States marshal to comply with subparagraph (B). (4) Forfeiture If a respondent knowingly attempts, in violation of an extreme risk protection order, to access a firearm, ammunition, or a permit that was surrendered or removed under this subsection, the firearm, ammunition, or permit shall be subject to seizure and forfeiture under section 924(d). (g) Return of firearms and ammunition (1) Notice If an extreme risk protection order is dissolved, or expires and is not renewed, the court that issued the order shall order the United States Marshals Service to— (A) confirm, through the national instant criminal background check system and any other relevant law enforcement databases, that the respondent may lawfully own and possess firearms and ammunition; and (B) (i) if the respondent may lawfully own and possess firearms and ammunition, notify the respondent that the respondent may retrieve each firearm, ammunition, or permit surrendered by or removed from the respondent under subsection (f); or (ii) if the respondent may not lawfully own or possess firearms and ammunition, notify the respondent that each firearm, ammunition, or permit surrendered by or removed from the respondent under subsection (f) will be returned only when the respondent demonstrates to the United States Marshals Service that the respondent may lawfully own and possess firearms and ammunition. (2) Return If an extreme risk protection order is dissolved, or expires and is not renewed, and the United States Marshals Service confirms under paragraph (1)(A) that the respondent may lawfully own and possess firearms and ammunition, the court that issued the order shall order the entity that possesses each firearm, ammunition, or permit surrendered by or removed from the respondent under subsection (f) to return those items to the respondent. (h) Return of firearms and ammunition improperly received If a court, in a hearing under subsection (d), determines that a firearm or ammunition surrendered by or removed from a respondent under subsection (f) is owned by an individual other than the respondent, the court may order the United States marshal or designated law enforcement officer in possession of the firearm or ammunition to transfer the firearm or ammunition to that individual if— (1) the individual may lawfully own and possess firearms and ammunition; and (2) the individual will not provide the respondent with access to the firearm or ammunition. (i) Penalty for false reporting or frivolous petitions An individual who knowingly submits materially false information to the court in a petition for an extreme risk protection order under this section, or who knowingly files such a petition that is frivolous, unreasonable, or without foundation, shall be fined not less than $1,000, in addition to any other penalty authorized by law, as the court deems necessary to deter such abuse of process. (j) Model policy (1) In general The Director shall draft a model policy to maximize the accessibility of extreme risk protection orders. (2) Contents In drafting the model policy under paragraph (1), the Director shall— (A) ensure that State and local law enforcement officers and members of the public without legal training are able to easily file petitions for extreme risk protection orders; (B) prescribe outreach efforts by employees of the district courts of the United States to familiarize relevant law enforcement officers and the public with the procedures for filing petitions, either— (i) through direct outreach; or (ii) in coordination with— (I) relevant officials in the executive or legislative branch of the Federal Government; or (II) with State and local officials; (C) prescribe policies for allowing the filing of petitions and prompt adjudication of petitions on weekends and outside of normal court hours; (D) prescribe policies for coordinating with law enforcement agencies to ensure the safe, timely, and effective service of extreme risk protection orders and relinquishment of firearms, ammunition, and permits, as applicable; and (E) identify governmental and non-governmental resources and partners to help officials of the district courts of the United States coordinate with civil society organizations to ensure the safe and effective implementation of this section. (k) Reporting (1) Individual reports (A) In general Not later than 2 court days after the date on which a court issues or dissolves an extreme risk protection order under this section or an extreme risk protection order expires without being renewed, the court shall notify— (i) the Attorney General; (ii) each relevant mental health agency in the State in which the order is issued; and (iii) State and local law enforcement officials in the jurisdiction in which the order is issued, including the national instant criminal background check system single point of contact for the State of residence of the respondent, where applicable. (B) Format A court shall submit a notice under subparagraph (A) in an electronic format, in a manner prescribed by the Attorney General. (C) Update of databases As soon as practicable and not later than 5 days after receiving a notice under subparagraph (A), the Attorney General shall update the background check databases of the Attorney General to reflect the prohibitions articulated in the applicable extreme risk protection order. (2) Annual reports Not later than 1 year after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 , and annually thereafter, the Director shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes, with respect to the preceding year— (A) the number of petitions for ex parte orders filed, as well as the number of such orders issued and the number denied; (B) the number of petitions for long-term orders filed, as well as the number of such orders issued and the number denied; (C) the number of petitions for renewals of long-term orders filed, as well as the number of such orders issued and the number denied; and (D) the number of cases in which a court has issued a penalty for false reporting or frivolous petitions. (l) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (m) Rule of construction Nothing in this section may be construed to alter the requirements of subsections (d)(8) or (g)(8) of section 922, relating to domestic violence protective orders. . (b) Technical and conforming amendments (1) Table of sections The table of sections for chapter 44 of title 18, United States Code, as amended by section 101 of this Act, is amended by adding at the end the following: 936. Extreme risk protection orders. . (2) Forfeiture Section 924(d)(3) of title 18, United States Code, is amended— (A) in subparagraph (F), by striking and at the end; (B) in subparagraph (G), by striking the period and inserting ; and ; and (C) by adding at the end the following: (H) any attempt to violate an extreme risk protection order issued under section 936. . 403. Federal firearms prohibition (a) Definition Section 921(a) of title 18, United States Code is amended by adding at the end the following: (38) The term extreme risk protection order has the meaning given the term in section 401 of the Gun Violence Prevention and Community Safety Act of 2022 . . (b) Prohibitions Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and (B) by inserting after paragraph (9) the following: (10) is subject to an extreme risk protection order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) prevents such person from possessing or receiving firearms; and (C) includes a finding that such person poses a danger of harm to self or others. ; and (2) in subsection (g)— (A) in paragraph (8), by striking or at the end; (B) in paragraph (9), by striking the comma at the end and inserting ; or ; and (C) by inserting after paragraph (9) the following: (10) is subject to an extreme risk protection order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) prevents such person from possessing or receiving firearms; and (C) includes a finding that such person poses a danger of harm to self or others, . 404. Identification records Section 534 of title 28, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: (4) acquire, collect, classify, and preserve records from Federal, tribal, and State courts and other agencies identifying individuals subject to extreme risk protection orders, as defined in section 401 of the Gun Violence Prevention and Community Safety Act of 2022 , provided that such records shall be destroyed if the orders expire or are terminated or dissolved; ; (2) in subsection (b)— (A) by striking (a)(5) and inserting (a)(6) ; and (B) by striking (a)(4) and inserting (a)(5) ; and (3) by adding at the end the following: (g) Federal, tribal, and State criminal justice agencies and criminal and civil courts may— (1) include extreme risk protection orders, as defined in section 401 of the Gun Violence Prevention and Community Safety Act of 2022 , in national crime information databases, as defined in subsection (f)(3) of this section; and (2) have access to information regarding extreme risk protection orders through the national crime information databases, as defined in subsection (f)(3) of this section. . 405. Conforming amendment Section 3(1) of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40903(1) ) is amended by striking section 922(g)(8) and inserting paragraph (8) or (10) of section 922(g) . 406. Full faith and credit (a) Definitions In this section, the terms extreme risk protection order , Indian Tribe , and State have the meanings given those terms in section 401(a). (b) Full faith and credit required Any extreme risk protection order issued under a State or Tribal law enacted in accordance with this title shall be accorded the same full faith and credit by the court of another State or Indian Tribe (referred to in this subsection as the enforcing State or Indian Tribe ) and enforced by the court and law enforcement personnel of the other State or Tribal government as if it were the order of the enforcing State or Indian Tribe. (c) Applicability to extreme risk protection orders (1) In general Subsection (b) shall apply to an extreme risk protection order issued by a State or Tribal court if— (A) the court has jurisdiction over the parties and matter under the law of the State or Indian Tribe; and (B) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. (2) Ex parte extreme risk protection orders For purposes of paragraph (1)(B), in the case of an ex parte extreme risk protection order, notice and opportunity to be heard shall be provided within the time required by State or Tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the respondent. (d) Tribal court jurisdiction For purposes of this section, a court of an Indian Tribe shall have full civil jurisdiction to issue and enforce an extreme risk protection order involving any person, including the authority to enforce any order through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country (as defined in section 1151 of title 18, United States Code) of the Indian Tribe or otherwise within the authority of the Indian Tribe. V Assault weapons and firearms silencers and mufflers ban A Assault weapons ban 511. Definitions (a) In general Section 921(a) of title 18, United States Code, as amended by section 403 of this Act, is amended— (1) by inserting after paragraph (30) the following: (31) The term semiautomatic pistol means any repeating pistol that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. ; and (2) by adding at the end the following: (39) The term semiautomatic shotgun means any repeating shotgun that— (A) utilizes a portion of the energy of a firing shell to extract the fired shell casing and chamber the next round; and (B) requires a separate pull of the trigger to fire each shell. (40) The term semiautomatic assault weapon means any of the following, regardless of country of manufacture or caliber of ammunition accepted: (A) A semiautomatic rifle that— (i) has the capacity to accept a detachable ammunition feeding device; and (ii) has— (I) a pistol grip; (II) a forward grip; (III) a folding, telescoping, or detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon; (IV) a grenade launcher; (V) a barrel shroud; or (VI) a threaded barrel. (B) A semiautomatic rifle that has a fixed ammunition feeding device with the capacity to accept more than 15 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic firearm but not convert the semiautomatic firearm into a machinegun. (D) A semiautomatic pistol that— (i) has an ammunition feeding device that is not a fixed ammunition feeding device; and (ii) has— (I) a threaded barrel; (II) a second pistol grip; (III) a barrel shroud; (IV) the capacity to accept a detachable ammunition feeding device at some location outside of the pistol grip; (V) a semiautomatic version of an automatic firearm; (VI) a manufactured weight of 50 ounces or more when unloaded; or (VII) a buffer tube, stabilizing brace, or similar component that protrudes horizontally behind the pistol grip, and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder. (E) A semiautomatic pistol with a fixed ammunition feeding device that has the capacity to accept more than 15 rounds. (F) A semiautomatic shotgun that— (i) has— (I) the capacity to accept a detachable ammunition feeding device; or (II) a fixed ammunition feeding device that has the capacity to accept more than 5 rounds; and (ii) has— (I) a folding, telescoping, or detachable stock; (II) a pistol grip or bird's head grip; (III) a forward grip; or (IV) a grenade launcher. (G) Any shotgun with a revolving cylinder. (H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR–47, SA85, SA93, Vector Arms AK–47, VEPR, WASR–10, and WUM. (II) IZHMASH Saiga AK. (III) MAADI AK47 and ARM. (IV) Norinco 56S, 56S2, 84S, and 86S. (V) Poly Technologies AK47 and AKS. (VI) SKS with a detachable ammunition feeding device. (ii) All AR types, including the following: (I) AR–10. (II) AR–15. (III) Alexander Arms Overmatch Plus 16. (IV) Armalite M15 22LR Carbine. (V) Armalite M15–T. (VI) Barrett REC7. (VII) Beretta AR–70. (VIII) Black Rain Ordnance Recon Scout. (IX) Bushmaster ACR. (X) Bushmaster Carbon 15. (XI) Bushmaster MOE series. (XII) Bushmaster XM15. (XIII) Chiappa Firearms MFour rifles. (XIV) Colt Match Target rifles. (XV) CORE Rifle Systems CORE15 rifles. (XVI) Daniel Defense M4A1 rifles. (XVII) Devil Dog Arms 15 Series rifles. (XVIII) Diamondback DB15 rifles. (XIX) DoubleStar AR rifles. (XX) DPMS Tactical rifles. (XXI) DSA Inc. ZM–4 Carbine. (XXII) Heckler & Koch MR556. (XXIII) High Standard HSA–15 rifles. (XXIV) Jesse James Nomad AR–15 rifle. (XXV) Knight’s Armament SR–15. (XXVI) Lancer L15 rifles. (XXVII) MGI Hydra Series rifles. (XXVIII) Mossberg MMR Tactical rifles. (XXIX) Noreen Firearms BN 36 rifle. (XXX) Olympic Arms. (XXXI) POF USA P415. (XXXII) Precision Firearms AR rifles. (XXXIII) Remington R–15 rifles. (XXXIV) Rhino Arms AR rifles. (XXXV) Rock River Arms LAR–15. (XXXVI) Sig Sauer SIG516 rifles and MCX rifles. (XXXVII) Smith & Wesson M&P15 rifles. (XXXVIII) Stag Arms AR rifles. (XXXIX) Sturm, Ruger & Co. SR556 and AR–556 rifles. (XL) Uselton Arms Air-Lite M–4 rifles. (XLI) Windham Weaponry AR rifles. (XLII) WMD Guns Big Beast. (XLIII) Yankee Hill Machine Company, Inc. YHM–15 rifles. (iii) Barrett M107A1. (iv) Barrett M82A1. (v) Beretta CX4 Storm. (vi) Calico Liberty Series. (vii) CETME Sporter. (viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and AR 110C. (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. (x) Feather Industries AT–9. (xi) Galil Model AR and Model ARM. (xii) Hi-Point Carbine. (xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC. (xiv) IWI TAVOR, Galil ACE rifle. (xv) Kel-Tec Sub-2000, SU–16, and RFB. (xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX. (xvii) Springfield Armory SAR–48. (xviii) Steyr AUG. (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle M–14/20CF. (xx) All Thompson rifles, including the following: (I) Thompson M1SB. (II) Thompson T1100D. (III) Thompson T150D. (IV) Thompson T1B. (V) Thompson T1B100D. (VI) Thompson T1B50D. (VII) Thompson T1BSB. (VIII) Thompson T1C. (IX) Thompson T1D. (X) Thompson T1SB. (XI) Thompson T5. (XII) Thompson T5100D. (XIII) Thompson TM1. (XIV) Thompson TM1C. (xxi) UMAREX UZI rifle. (xxii) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine. (xxiii) Valmet M62S, M71S, and M78. (xxiv) Vector Arms UZI Type. (xxv) Weaver Arms Nighthawk. (xxvi) Wilkinson Arms Linda Carbine. (I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) Centurion 39 AK pistol. (II) CZ Scorpion pistol. (III) Draco AK–47 pistol. (IV) HCR AK–47 pistol. (V) IO Inc. Hellpup AK–47 pistol. (VI) Krinkov pistol. (VII) Mini Draco AK–47 pistol. (VIII) PAP M92 pistol. (IX) Yugo Krebs Krink pistol. (ii) All AR types, including the following: (I) American Spirit AR–15 pistol. (II) Bushmaster Carbon 15 pistol. (III) Chiappa Firearms M4 Pistol GEN II. (IV) CORE Rifle Systems CORE15 Roscoe pistol. (V) Daniel Defense MK18 pistol. (VI) DoubleStar Corporation AR pistol. (VII) DPMS AR–15 pistol. (VIII) Jesse James Nomad AR–15 pistol. (IX) Olympic Arms AR–15 pistol. (X) Osprey Armament MK–18 pistol. (XI) POF USA AR pistols. (XII) Rock River Arms LAR 15 pistol. (XIII) Uselton Arms Air-Lite M–4 pistol. (iii) Calico pistols. (iv) DSA SA58 PKP FAL pistol. (v) Encom MP–9 and MP–45. (vi) Heckler & Koch model SP–89 pistol. (vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and TEC–DC9. (viii) IWI Galil Ace pistol, UZI PRO pistol. (ix) Kel-Tec PLR 16 pistol. (x) All MAC types, including the following: (I) MAC–10. (II) MAC–11. (III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol. (IV) Military Armament Corp. Ingram M–11. (V) Velocity Arms VMAC. (xi) Sig Sauer P556 pistol. (xii) Sites Spectre. (xiii) All Thompson types, including the following: (I) Thompson TA510D. (II) Thompson TA5. (xiv) All UZI types, including Micro-UZI. (J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) DERYA Anakon MC–1980, Anakon SD12. (ii) Doruk Lethal shotguns. (iii) Franchi LAW–12 and SPAS 12. (iv) All IZHMASH Saiga 12 types, including the following: (I) IZHMASH Saiga 12. (II) IZHMASH Saiga 12S. (III) IZHMASH Saiga 12S EXP–01. (IV) IZHMASH Saiga 12K. (V) IZHMASH Saiga 12K–030. (VI) IZHMASH Saiga 12K–040 Taktika. (v) Streetsweeper. (vi) Striker 12. (K) All belt-fed semiautomatic firearms, including TNW M2HB and FN M2495. (L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled. (M) The frame or receiver of a rifle or shotgun described in subparagraph (G), (H), (J), or (K). (41) The term large capacity ammunition feeding device — (A) means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 15 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. . (b) Related definitions Section 921(a) of title 18, United States Code, as amended by subsection (a), is amended by adding at the end the following: (42) The term barrel shroud — (A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and (B) does not include— (i) a slide that partially or completely encloses the barrel; or (ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. (43) The term detachable ammunition feeding device means an ammunition feeding device that can be removed from a firearm without disassembly of the firearm action. (44) The term fixed ammunition feeding device — (A) means an ammunition feeding device that is contained in and not removable from or is permanently fixed to the firearm; and (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (45) The term folding, telescoping, or detachable stock means a stock that folds, telescopes, detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm. (46) The term forward grip means a grip located forward of the trigger that functions as a pistol grip. (47) The term grenade launcher means an attachment for use on a firearm that is designed to propel a grenade or other similar destructive device. (48) The term permanently inoperable means a firearm which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition. (49) The term pistol grip means a grip, a thumbhole stock or Thordsen-type grip or stock, or any other characteristic that can function as a grip. (50) The term threaded barrel means a feature or characteristic that is designed in such a manner to allow for the attachment of a device such as a firearm silencer or a flash suppressor. (51) The term qualified law enforcement officer has the meaning given the term in section 926B. (52) The term grandfathered semiautomatic assault weapon means any semiautomatic assault weapon the importation, possession, sale, or transfer of which would be unlawful under section 922(v) but for the exception under paragraph (2) of such section. (53) The term belt-fed semiautomatic firearm means any repeating firearm that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; (B) requires a separate pull of the trigger to fire each cartridge; and (C) has the capacity to accept a belt ammunition feeding device. . 512. Restrictions on assault weapons and large capacity ammunition feeding devices (a) In general Section 922 of title 18, United States Code, is amended— (1) by inserting after subsection (u) the following: (v) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon. (2) Paragraph (1) shall not apply to the possession, sale, or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 . (3) Paragraph (1) shall not apply to any firearm that— (A) is manually operated by bolt, pump, lever, or slide action, except for a shotgun described in section 921(a)(40)(G); (B) has been rendered permanently inoperable; (C) is an antique firearm, as defined in section 921 of this title; or (D) is only capable of firing rimfire ammunition. (4) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by— (i) the United States, or a department or agency of the United States; or (ii) a State, or a department, agency, or political subdivision of a State; (B) the sale to, transfer to, or possession by a qualified law enforcement officer employed by— (i) the United States, or a department or agency of the United States; or (ii) a State, or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty); (C) the sale to, transfer to, or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); (D) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (E) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; (F) the importation, sale, manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General; or (G) the importation, sale, manufacture, transfer, or possession of a firearm specified in Appendix A to this section, as such firearm was manufactured on the date of introduction of the Gun Violence Prevention and Community Safety Act of 2022 . (5) For purposes of paragraph (4)(C), the term campus law enforcement officer means an individual who is— (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. (6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and, if available, date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit a copy of the record established under this paragraph to Congress and make the record available to the general public. (w) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device. (2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 . (3) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by— (i) the United States, or a department or agency of the United States; or (ii) a State, or a department, agency, or political subdivision of a State; (B) the sale to, transfer to, or possession by a qualified law enforcement officer employed by— (i) the United States, or a department or agency of the United States; or (ii) a State, or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty); (C) the sale to, transfer to, or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); (D) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (E) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or (F) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. (4) For purposes of paragraph (3)(C), the term campus law enforcement officer means an individual who is— (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. ; and (2) by adding at the end the following: (aa) Secure storage or safety device requirement for grandfathered semiautomatic assault weapons It shall be unlawful for any person, other than a licensed importer, licensed manufacturer, or licensed dealer, to store or keep under the dominion or control of that person any grandfathered semiautomatic assault weapon that the person knows, or has reasonable cause to believe, will be accessible to an individual prohibited from receiving or possessing a firearm under subsection (g), (n), or (x), or any provision of State law, unless the grandfathered semiautomatic assault weapon is— (1) carried on the person, or within such close proximity that the person can readily retrieve and use the grandfathered semiautomatic assault weapon as if the grandfathered semiautomatic assault weapon were carried on the person; or (2) locked by a secure gun storage or safety device that the prohibited individual has no ability to access. . (b) Identification markings for semiautomatic assault weapons Section 923(i) of title 18, United States Code, is amended by adding at the end the following: The serial number of any semiautomatic assault weapon manufactured after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 shall clearly show the date on which the weapon was manufactured or made, legibly and conspicuously engraved or cast on the weapon, and such other identification as the Attorney General shall by regulations prescribe. . (c) Identification markings for large capacity ammunition feeding devices Section 923(i) of title 18, United States Code, as amended by subsection (b), is amended by adding at the end the following: A large capacity ammunition feeding device manufactured after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe. . (d) Seizure and forfeiture of large capacity ammunition feeding devices Subsection (d) of section 924 of title 18, United States Code, is amended— (1) in paragraph (1)— (A) by inserting or large capacity ammunition feeding device after firearm or ammunition each time it appears; (B) by inserting or large capacity ammunition feeding device after firearms or ammunition each time it appears; and (C) by striking or (k) and inserting (k), (r), (v), or (w) ; (2) in paragraph (2)(C), by inserting or large capacity ammunition feeding devices after firearms or quantities of ammunition ; and (3) in paragraph (3)(E), by inserting 922(r), 922(v), 922(w), after 922(n), . (e) Appendix A Section 922 of title 18, United States Code, is amended by adding at the end the following: Appendix A—Firearms exempted by the Gun Violence Prevention and Community Safety Act of 2022 Centerfire Rifles—Autoloaders Benelli R1 Rifle Browning BAR Mark II Safari Magnum Rifle Browning BAR Mark II Safari Semi-Auto Rifle Browning BAR Stalker Rifles Browning High-Power Rifle Browning Longtrac Rifle Browning Shorttrac Rifle Heckler & Koch HK630 Heckler & Koch HK770 Heckler & Koch HK940 Heckler & Koch Model 300 Rifle Heckler & Koch SL7 Rifle Iver Johnson 50th Anniversary M–1 Carbine (w/o folding stock) Iver Johnson M–1 Carbine (w/o folding stock) M–1 Carbines with standard fixed stock M–1 Garand with fixed 8 round capacity and standard stock Marlin Model 9 Camp Carbine Marlin Model 45 Carbine Remington Model 74 Remington Model 81 Remington Model 740 Remington Model 742 Remington Model 750 Synthetic Remington Model 750 Woodmaster Remington Model 7400 Rifle Remington Model 7400 Special Purpose Auto Rifle Remington Nylon 66 Auto-Loading Rifle Ruger Mini 30 Ruger Mini-14 (w/o folding or telescoping stock or pistol grip) Ruger PC4 Ruger PC9 SKS type rifles with fixed 10 round magazine and standard fixed stock Winchester Model SXR Centerfire Rifles—Lever & Slide Action Arms Timber Wolf Pump Action Beretta 1873 Renegade Lever Action Beretta Gold Rush Slide Action Big Horn Armory Model 89 Browning BLR Model 181 Lever Action, All Models Browning BPR Pump Rifle Browning Model 53 Lever Action Browning Model 65 Grade 1 Lever Action Rifle Browning Model 71 Rifle and Carbine Browning Model 81 BLR Browning Model 81 BLR Lever-Action Rifle Browning Model 81 Long Action BLR Browning Model 1886 High Grade Carbine Browning Model 1886 Lever-Action Carbine Browning Model B–92 Carbine Charles Daly Model 1892 Lever Action, All Models Chiappa 1886 Lever Action Rifles Cimarron 1860 Henry Replica Cimarron 1866 Winchester Replicas Cimarron 1873 30″ Express Rifle Cimarron 1873 Short Rifle Cimarron 1873 Sporting Rifle Cimarron 1873 Winchester Replicas Dixie Engraved 1873 Rifle Dixie Lightning Rifle and Carbines E.M.F. 1860 Henry Rifle E.M.F. 1866 Yellowboy Lever Actions E.M.F. Model 73 Lever-Action Rifle E.M.F. Model 1873 Lever Actions Henry .30/30 Lever Action Carbine Henry Big Boy .357 Magnum Henry Big Boy .44 Magnum Henry Big Boy .45 Colt Henry Big Boy Deluxe Engraved .44 Magnum Henry Big Boy Deluxe Engraved .45 Colt Marlin Model 30AS Lever-Action Carbine Marlin Model 62 Lever Action Marlin Model 93 Lever Action Marlin Model 308MX Marlin Model 308MXLR Marlin Model 336 Deluxe Marlin Model 336C Marlin Model 336CS Lever-Action Carbine Marlin Model 336DL Lever Action Marlin Model 336SS Marlin Model 336W Marlin Model 336XLR Marlin Model 338MX Marlin Model 338MXLR Marlin Model 444 Marlin Model 444 Lever-Action Marlin Model 444XLR Marlin Model 1894 Marlin Model 1894 Cowboy Marlin Model 1894 Lever Action, All Models Marlin Model 1894C Marlin Model 1894CL Classic Marlin Model 1894CS Carbine Marlin Model 1894S Lever-Action Carbine Marlin Model 1894SS Marlin Model 1895 Marlin Model 1895 Cowboy Marlin Model 1895 Lever Action, All Models Marlin Model 1895G Marlin Model 1895GS Marlin Model 1895M Marlin Model 1895MXLR Marlin Model 1895SBL Marlin Model 1895SS Lever-Action Rifle Marlin Model 1895XLR Marlin XLR Lever Action Rifles Mitchell 1858 Henry Replica Mitchell 1866 Winchester Replica Mitchell 1873 Winchester Replica Mossberg 464 Lever Action Rifle Mossberg Model 472 Lever Action Mossberg Model 479 Lever Action Navy Arms 1866 Yellowboy Rifle Navy Arms 1873 Sporting Rifle Navy Arms 1873 Winchester-Style Rifle Navy Arms 1892 Short Rifle Navy Arms Henry Carbine Navy Arms Henry Trapper Navy Arms Iron Frame Henry Navy Arms Military Henry Rifle Puma Bounty Hunter Rifle Puma Model 92 Rifles & Carbines Remington 7600 Slide Action Remington Model 6 Pump Action Remington Model 14, 14 1/2 Pump Actions Remington Model 141 Pump Action Remington Model 760 Slide Actions Remington Model 7600 Special Purpose Slide Action Remington Model 7600 Synthetic Remington Model 7615 Camo Hunter Remington Model 7615 Ranch Carbine Remington Model 7615 SPS Rossi M92 SRC Saddle-Ring Carbine Rossi M92 SRS Short Carbine Rossi R92 Lever Action Carbines Ruger Model 96/44 Lever Action Savage 99C Lever-Action Rifle Savage Model 170 Pump Action Taurus Thunderbolt Pump Action Taylor’s & CO., Inc. 1865 Spencer Carbine/Rifle Taylor’s & CO., Inc. 1892 Carbine/Rifle U.S. Fire Arms Standard Lightning Magazine Rifle Uberti 1866 Sporting Rifle Uberti 1873 Sporting Rifle Uberti 1876 Rifle Uberti 1883 Burgess Lever Action Rifle/Carbine Uberti Henry Rifle Uberti Lightning Rifle/Carbine Winchester Lever Actions, All Other Center Fire Models Winchester Model 94 Big Bore Side Eject Winchester Model 94 Ranger Side Eject Lever-Action Rifle Winchester Model 94 Side Eject Lever-Action Rifle Winchester Model 94 Trapper Side Eject Winchester Model 94 Wrangler Side Eject Winchester Model 1895 Safari Centennial Centerfire Rifles—Bolt Action Accurate Arms Raptor & Backpack Bolt Action Rifles Alpine Bolt-Action Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1733D Mannlicher Rifle Arnold Arms African Safari & Alaskan Trophy Rifles A-Square Caesar Bolt-Action Rifle A-Square Genghis Khan Bolt Action Rifle A-Square Hamilcar Bolt Action Rifle A-Square Hannibal Bolt-Action Rifle Auguste Francotte Bolt-Action Rifles Bansners Ultimate Bolt Action Rifles Beeman/HW 60J Bolt-Action Rifle Benton & Brown Firearms, Inc. Model 93 Bolt Action Rifle Blackheart International BBG Hunter Bolt Action Blackheart International LLC BBG Light Sniper Bolt Action Blaser R8 Professional Blaser R84 Bolt-Action Rifle Blaser R93 Bolt Action Rifle BRNO 537 Sporter Bolt-Action Rifle BRNO ZKB 527 Fox Bolt-Action Rifle BRNO ZKK 600, 601, 602 Bolt-Action Rifles Brown Precision Company Bolt Action Sporter Browning A-Bolt Gold Medallion Browning A-Bolt Left Hand Browning A-Bolt Micro Medallion Browning A-Bolt Rifle Browning A-Bolt Short Action Browning A-Bolt Stainless Stalker Browning Euro-Bolt Rifle Browning High-Power Bolt Action Rifle Browning X-Bolt Bolt Action Rifle Carbon One Bolt Action Rifle Carl Gustaf 2000 Bolt-Action Rifle Century Centurion 14 Sporter Century Enfield Sporter #4 Century M70 Sporter Century Mauser 98 Sporter Century Swedish Sporter #38 Cheytac M–200 Cheytac M70 Sporter Cooper Model 21 Bolt Action Rifle Cooper Model 22 Bolt Action Rifle Cooper Model 38 Centerfire Sporter Cooper Model 56 Bolt Action Rifle CZ 527 Bolt Action Rifles CZ 550 Bolt Action Rifles CZ 750 Sniper Rifle Dakota 22 Sporter Bolt-Action Rifle Dakota 76 Classic Bolt-Action Rifle Dakota 76 Safari Bolt-Action Rifle Dakota 76 Short Action Rifles Dakota 97 Bolt Action Rifle Dakota 416 Rigby African Dakota Predator Rifle DSA DS–MP1 Bolt Action Rifle E.A.A./Sabatti Rover 870 Bolt-Action Rifle EAA/Zastava M–93 Black Arrow Rifle Ed Brown Hunting and Model 704 Bolt Action Rifles Heym Bolt Action Rifles Heym Magnum Express Series Rifle Howa Bolt Action Rifles Howa Lightning Bolt-Action Rifle Howa Realtree Camo Rifle H–S Precision Bolt Action Rifles Interarms Mark X Bolt Action Rifles Interarms Mark X Viscount Bolt-Action Rifle Interarms Mark X Whitworth Bolt-Action Rifle Interarms Mini-Mark X Rifle Interarms Whitworth Express Rifle Iver Johnson Model 5100A1 Long-Range Rifle KDF K15 American Bolt-Action Rifle Kenny Jarrett Bolt Action Rifle Kimber Bolt Action Rifles Krico Model 600 Bolt-Action Rifle Krico Model 700 Bolt-Action Rifles Magnum Research Mount Eagle Rifles Marlin Model XL7 Marlin Model XL7C Marlin Model XL7L Marlin Model XL7W Marlin Model XS7 Marlin Model XS7C Marlin Model XS7Y Marlin XL–7/XS7 Bolt Action Rifles Mauser Model 66 Bolt-Action Rifle Mauser Model 99 Bolt-Action Rifle McMillan Classic Stainless Sporter McMillan Signature Alaskan McMillan Signature Classic Sporter McMillan Signature Super Varminter McMillan Signature Titanium Mountain Rifle McMillan Talon Safari Rifle McMillan Talon Sporter Rifle Merkel KR1 Bolt Action Rifle Midland 1500S Survivor Rifle Mossberg Model 100 ATR (All-Terrain Rifle) Navy Arms TU–33/40 Carbine Nosler Model 48 Varmint Rifle Parker Hale Bolt Action Rifles Parker-Hale Model 81 Classic African Rifle Parker-Hale Model 81 Classic Rifle Parker-Hale Model 1000 Rifle Parker-Hale Model 1100 Lightweight Rifle Parker-Hale Model 1100M African Magnum Parker-Hale Model 1200 Super Clip Rifle Parker-Hale Model 1200 Super Rifle Parker-Hale Model 1300C Scout Rifle Parker-Hale Model 2100 Midland Rifle Parker-Hale Model 2700 Lightweight Rifle Parker-Hale Model 2800 Midland Rifle Remington 700 ADL Bolt-Action Rifle Remington 700 BDL Bolt-Action Rifle Remington 700 BDL European Bolt-Action Rifle Remington 700 BDL Left Hand Remington 700 BDL SS Rifle Remington 700 BDL Varmint Special Remington 700 Camo Synthetic Rifle Remington 700 Classic Rifle Remington 700 Custom KS Mountain Rifle Remington 700 Mountain Rifle Remington 700 MTRSS Rifle Remington 700 Safari Remington 700 Stainless Synthetic Rifle Remington 700 Varmint Synthetic Rifle Remington Model 40–X Bolt Action Rifles Remington Model 700 Alaskan Ti Remington Model 700 Bolt Action Rifles Remington Model 700 CDL Remington Model 700 CDL Boone and Crockett Remington Model 700 CDL Left-Hand Remington Model 700 CDL SF Limited Edition Remington Model 700 LSS Remington Model 700 Mountain LSS Remington Model 700 Sendero SF II Remington Model 700 SPS Remington Model 700 SPS Buckmasters Edition Remington Model 700 SPS Buckmasters Edition ‘Young Bucks’ Youth Remington Model 700 SPS Stainless Remington Model 700 SPS Tactical Rifle Remington Model 700 SPS Varmint Remington Model 700 SPS Varmint (Left-Hand) Remington Model 700 SPS Youth Synthetic Left-Hand Remington Model 700 VL SS Thumbhole Remington Model 700 VLS Remington Model 700 VS SF II Remington Model 700 VTR Remington Model 700 XCR Remington Model 700 XCR Camo Remington Model 700 XCR Compact Tactical Rifle Remington Model 700 XCR Left-Hand Remington Model 700 XCR Tactical Long Range Rifle Remington Model 715 Remington Model 770 Remington Model 770 Bolt Action Rifles Remington Model 770 Stainless Camo Remington Model 770 Youth Remington Model 798 Remington Model 798 Safari Remington Model 798 SPS Remington Model 799 Remington Model Seven 25th Anniversary Remington Model Seven Bolt Action Rifles Remington Model Seven CDL Remington Model Seven Custom KS Remington Model Seven Custom MS Rifle Remington Model Seven Predator Remington Model Seven Youth Rifle Ruger M77 Hawkeye African Ruger M77 Hawkeye Alaskan Ruger M77 Hawkeye All-Weather Ruger M77 Hawkeye All-Weather Ultra Light Ruger M77 Hawkeye Compact Ruger M77 Hawkeye International Ruger M77 Hawkeye Laminate Compact Ruger M77 Hawkeye Laminate Left-Handed Ruger M77 Hawkeye Predator Ruger M77 Hawkeye Sporter Ruger M77 Hawkeye Standard Ruger M77 Hawkeye Standard Left-Handed Ruger M77 Hawkeye Tactical Ruger M77 Hawkeye Ultra Light Ruger M77 Mark II All-Weather Stainless Rifle Ruger M77 Mark II Express Rifle Ruger M77 Mark II Magnum Rifle Ruger M77 Mark II Rifle Ruger M77 Mark II Target Rifle Ruger M77 RSI International Carbine Ruger M77 Ruger Compact Magnum Ruger M77RL Ultra Light Ruger M77VT Target Rifle Ruger Model 77 Bolt Action Rifles Sako Bolt Action Rifles Sako Classic Bolt Action Sako Deluxe Lightweight Sako FiberClass Sporter Sako Hunter Left-Hand Rifle Sako Hunter LS Rifle Sako Hunter Rifle Sako Mannlicher-Style Carbine Sako Safari Grade Bolt Action Sako Super Deluxe Sporter Sako TRG–S Bolt-Action Rifle Sako Varmint Heavy Barrel Sauer 90 Bolt-Action Rifle Savage 16/116 Rifles Savage 110 Bolt Action Rifles Savage 110CY Youth/Ladies Rifle Savage 110F Bolt-Action Rifle Savage 110FP Police Rifle Savage 110FXP3 Bolt-Action Rifle Savage 110G Bolt-Action Rifle Savage 110GV Varmint Rifle Savage 110GXP3 Bolt-Action Rifle Savage 110WLE One of One Thousand Limited Edition Rifle Savage 112 Bolt Action Rifles Savage 112FV Varmint Rifle Savage 116 Bolt Action Rifles Savage 116FSS Bolt-Action Rifle Savage Axis Series Bolt Action Rifles Savage Model 10 Bolt Action Rifles Savage Model 10GXP Package Guns Savage Model 11/111 Series Bolt Action Rifles Savage Model 12 Series Rifles Savage Model 14/114 Rifles Savage Model 25 Bolt Action Rifles Savage Model 110GXP3 Package Guns Savage Model 112BV Heavy Barrel Varmint Rifle Savage Model 112FVS Varmint Rifle Savage Model 116FSK Kodiak Rifle Shilen Rifles Inc. DGA Bolt Action Rifles Smith & Wesson i-Bolt Rifle Steyr Scout Bolt Action Rifle Steyr SSG 69 PII Bolt Action Rifle Steyr SSG08 Bolt Action Rifle Steyr-Mannlicher Luxus Model L, M, S Steyr-Mannlicher Model M Professional Rifle Steyr-Mannlicher Sporter Models SL, L, M, S, S/T Thompson/Center ICON Bolt Action Rifles Thompson/Center Icon Classic Long Action Rifle Thompson/Center Icon Medium Action Rifle Thompson/Center Icon Precision Hunter Thompson/Center Icon Weather Shield Long Action Rifle Thompson/Center Icon Weather Shield Medium Action Rifle Thompson/Center Venture Tikka Bolt-Action Rifle Tikka Premium Grade Rifles Tikka T3 Bolt Action Rifles Tikka Varmint/Continental Rifle Tikka Whitetail/Battue Rifle Ultra Light Arms Model 20 Rifle Ultra Light Arms Model 24 Ultra Light Arms Model 28, Model 40 Rifles Voere Model 2155, 2150 Bolt-Action Rifles Voere Model 2165 Bolt-Action Rifle Voere VEC 91 Lightning Bolt-Action Rifle Weatherby Classicmark No. 1 Rifle Weatherby Lasermark V Rifle Weatherby Mark V Crown Custom Rifles Weatherby Mark V Deluxe Bolt-Action Rifle Weatherby Mark V Rifles Weatherby Mark V Safari Grade Custom Rifles Weatherby Mark V Sporter Rifle Weatherby Vanguard Bolt Action Rifles Weatherby Vanguard Classic No. 1 Rifle Weatherby Vanguard Classic Rifle Weatherby Vanguard VGX Deluxe Rifle Weatherby Vanguard Weatherguard Rifle Weatherby Weatherguard Alaskan Rifle Weatherby Weathermark Alaskan Rifle Weatherby Weathermark Rifle Weatherby Weathermark Rifles Wichita Classic Rifle Wichita Varmint Rifle Winchester Model 70 Bolt Action Rifles Winchester Model 70 Custom Sharpshooter Winchester Model 70 Custom Sporting Sharpshooter Rifle Winchester Model 70 DBM Rifle Winchester Model 70 DBM–S Rifle Winchester Model 70 Featherweight Winchester Model 70 Featherweight Classic Winchester Model 70 Featherweight WinTuff Winchester Model 70 Lightweight Rifle Winchester Model 70 SM Sporter Winchester Model 70 Sporter Winchester Model 70 Sporter WinTuff Winchester Model 70 Stainless Rifle Winchester Model 70 Super Express Magnum Winchester Model 70 Super Grade Winchester Model 70 Synthetic Heavy Varmint Rifle Winchester Model 70 Varmint Winchester Ranger Rifle Centerfire Rifles—Single Shot Armsport 1866 Sharps Rifle, Carbine Ballard Arms Inc. 1875 #3 Gallery Single Shot Rifle Ballard Arms Inc. 1875 #4 Perfection Rifle Ballard Arms Inc. 1875 #7 Long Range Rifle Ballard Arms Inc. 1875 #8 Union Hill rifle Ballard Arms Inc. 1875 1 1/2 Hunter Rifle Ballard Arms Inc. 1885 High Wall Sporting Rifle Ballard Arms Inc. 1885 Low Wall Single Shot Brown Model 97D Single Shot Rifle Brown Model One Single Shot Rifle Browning Model 1885 Single Shot Rifle C. Sharps Arms 1875 Target & Sporting Rifle C. Sharps Arms Custom New Model 1877 C. Sharps Arms New Model 1885 High Wall Rifle C. Sharps Arms 1874 Bridgeport Sporting Rifle C. Sharps Arms 1875 Classic Sharps C. Sharps Arms New Model 1874 Old Reliable C. Sharps Arms New Model 1875 Rifle C. Sharps Arms New Model 1875 Target & Long Range Cabela's 1874 Sharps Sporting Cimarron Billy Dixon 1874 Sharps Cimarron Model 1885 High Wall Cimarron Quigley Model 1874 Sharps Cimarron Silhouette Model 1874 Sharps Dakota Model 10 Single Shot Rifle Dakota Single Shot Rifle Desert Industries G–90 Single Shot Rifle Dixie Gun Works 1873 Trapdoor Rifle/Carbine Dixie Gun Works 1874 Sharps Rifles Dixie Gun Works Remington Rolling Block Rifles EMF Premier 1874 Sharps Harrington & Richardson Buffalo Classic Rifle (CR–1871) Harrington & Richardson CR 45–LC Harrington & Richardson Handi-Mag Rifle Harrington & Richardson Handi-Rifle Harrington & Richardson Handi-Rifle Compact Harrington & Richardson New England Hand-Rifle/Slug Gun Combos Harrington & Richardson Stainless Handi-Rifle Harrington & Richardson Stainless Ultra Hunter Thumbhole Stock Harrington & Richardson Superlight Handi-Rifle Compact Harrington & Richardson Survivor Rifle Harrington & Richardson Synthetic Handi-Rifle Harrington & Richardson Ultra Hunter Rifle Harrington & Richardson Ultra Varmint Fluted Harrington & Richardson Ultra Varmint Rifle Harrington & Richardson Ultra Varmint Thumbhole Stock Krieghoff Hubertus Single Shot Meacham High Wall Merkel K1 Lightweight Stalking Rifle Merkel K2 Custom Stalking Rifle Model 1885 High Wall Rifle Navy Arms #2 Creedmoor Rifle Navy Arms 1873 John Bodine Rolling Black Rifle Navy Arms 1873 Springfield Cavalry Carbine Navy Arms 1874 Sharps Rifles Navy Arms 1874 1885 High Wall Rifles Navy Arms Rolling Block Buffalo Rifle Navy Arms Sharps “Quigley” Rifle Navy Arms Sharps Cavalry Carbine Navy Arms Sharps Plains Rifle New England Firearms Handi-Rifle New England Firearms Sportster/Versa Pack Rifle New England Firearms Survivor Rifle Red Willow Armory Ballard No. 1.5 Hunting Rifle Red Willow Armory Ballard No. 4.5 Target Rifle Red Willow Armory Ballard No. 5 Pacific Red Willow Armory Ballard No. 8 Union Hill Rifle Red Willow Armory Ballard Rifles Remington Model Rolling Block Rifles Remington Model SPR18 Blued Remington Model SPR18 Nickel Remington Model SPR18 Single Shot Rifle Remington-Style Rolling Block Carbine Rossi Match Pairs Rifles Rossi Single Shot Rifles Rossi Wizard Ruger No. 1 RSI International Ruger No. 1 Stainless Sporter Ruger No. 1 Stainless Standard Ruger No. 1A Light Sporter Ruger No. 1B Single Shot Ruger No. 1H Tropical Rifle Ruger No. 1S Medium Sporter Ruger No. 1V Special Varminter Sharps 1874 Old Reliable Shiloh 1875 Rifles Shiloh Sharps 1874 Business Rifle Shiloh Sharps 1874 Long Range Express Shiloh Sharps 1874 Military Carbine Shiloh Sharps 1874 Military Rifle Shiloh Sharps 1874 Montana Roughrider Shiloh Sharps Creedmoor Target Thompson/Center Contender Carbine Thompson/Center Contender Carbine Survival System Thompson/Center Contender Carbine Youth Model Thompson/Center Encore Thompson/Center Stainless Contender Carbine Thompson/Center TCR ’87 Single Shot Rifle Thompson/Encore Rifles Traditions 1874 Sharps Deluxe Rifle Traditions 1874 Sharps Standard Rifle Traditions Rolling Block Sporting Rifle Uberti (Stoeger Industries) Sharps Rifles Uberti 1871 Rolling Block Rifle/Carbine Uberti 1874 Sharps Sporting Rifle Uberti 1885 High Wall Rifles Uberti Rolling Block Baby Carbine Uberti Springfield Trapdoor Carbine/Rifle Drillings, Combination Guns, Double Rifles A. Zoli Rifle-Shotgun O/U Combo Auguste Francotte Boxlock Double Rifle Auguste Francotte Sidelock Double Rifles Baikal IZH–94 Express Baikal MP94 (IZH–94) O/U Beretta Express SSO O/U Double Rifles Beretta Model 455 SxS Express Rifle Chapuis RGExpress Double Rifle CZ 584 SOLO Combination Gun CZ 589 Stopper O/U Gun Dakota Double Rifle Garbi Express Double Rifle Harrington & Richardson Survivor Harrington & Richardson Synthetic Handi-Rifle/Slug Gun Combo Heym Model 55B O/U Double Rifle Heym Model 55FW O/U Combo Gun Heym Model 88b Side-by-Side Double Rifle Hoenig Rotary Round Action Combination Rifle Hoenig Rotary Round Action Double Rifle Kodiak Mk. IV Double Rifle Kreighoff Teck O/U Combination Gun Kreighoff Trumpf Drilling Krieghoff Drillings Lebeau-Courally Express Rifle 5X5 Merkel Boxlock Double Rifles Merkel Drillings Merkel Model 160 Side-by-Side Double Rifles Merkel Over/Under Combination Guns Merkel Over/Under Double Rifles Remington Model SPR94 .410/Rimfire Remington Model SPR94 12 Gauge/Centerfire Rizzini Express 90L Double Rifle Savage 24F O/U Combination Gun Savage 24F–12T Turkey Gun Springfield Inc. M6 Scout Rifle/Shotgun Tikka Model 412s Combination Gun Tikka Model 412S Double Fire Rimfire Rifles—Autoloaders AMT Lightning 25/22 Rifle AMT Lightning Small-Game Hunting Rifle II AMT Magnum Hunter Auto Rifle Anschutz 525 Deluxe Auto Armscor Model 20P Auto Rifle Browning Auto .22 Rifles Browning Auto-22 Rifle Browning Auto-22 Grade VI Browning BAR .22 Auto Rifle Browning SA–22 Semi-Auto 22 Rifle Henry U.S. Survival .22 Henry U.S. Survival Rifle AR–7 Krico Model 260 Auto Rifle Lakefield Arms Model 64B Auto Rifle Marlin Model 60 Self Loading Rifles Marlin Model 60C Marlin Model 60SB Marlin Model 60S–CF Marlin Model 60SN Marlin Model 60ss Self-Loading Rifle Marlin Model 70 Auto-Loading Rifles Marlin Model 70 HC Auto Marlin Model 70P Papoose Marlin Model 70PSS Marlin Model 795 Marlin Model 795SS Marlin Model 922 Magnum Self-Loading Rifle Marlin Model 990l Self-Loading Rifle Marlin Model 995 Self-Loading Rifle Mossberg 702 Plinkster Norinco Model 22 ATD Rifle Remington 552BDL Speedmaster Rifle Remington Model 522 Viper Autoloading Rifle Remington Model 597 Blaze Camo Remington Model 597 Pink Camo Remington Model 597 Synthetic Scope Combo Ruger 10/22 Autoloading Carbine (w/o folding stock) Ruger 10/22 Compact Ruger 10/22 Sporter Ruger 10/22 Target Survival Arms AR–7 Explorer Rifle Texas Remington Revolving Carbine Thompson/Center R–55 All-Weather Thompson/Center R–55 Benchmark Thompson/Center R–55 Classic Thompson/Center R–55 Rifles Thompson/Center R–55 Sporter Voere Model 2115 Auto Rifle Rimfire Rifles—Lever & Slide Action Browning BL–22 Lever-Action Rifle Henry .22 Lever Action Rifles, All Models Henry Golden Boy .17 HMR Henry Golden Boy .22 Henry Golden Boy .22 Magnum Henry Golden Boy Deluxe Henry Lever .22 Magnum Henry Lever Action .22 Henry Lever Carbine .22 Henry Lever Octagon .22 Henry Lever Octagon .22 Magnum Henry Lever Youth Model .22 Henry Pump Action Octagon .22 Henry Pump Action Octagon .22 Magnum Henry Varmint Express .17 HMR Marlin 39TDS Carbine Marlin Model 39A Golden Lever Action Marlin Model 39AS Golden Lever-Action Rifle Mossberg Model 464 Rimfire Lever Action Rifle Norinco EM–321 Pump Rifle Remington 572BDL Fieldmaster Pump Rifle Rossi Model 62 SA Pump Rifle Rossi Model 62 SAC Carbine Rossi Model G2 Gallery Rifle Ruger Model 96 Lever-Action Rifle Taurus Model 62-Pump Taurus Model 72 Pump Rifle Winchester Model 9422 Lever-Action Rifle Winchester Model 9422 Magnum Lever-Action Rifle Rimfire Rifles—Bolt Actions & Single Shots Anschutz 1416D/1516D Classic Rifles Anschutz 1418D/1518D Mannlicher Rifles Anschutz 1700 FWT Bolt-Action Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700D Graphite Custom Rifle Anschutz 1702 D H B Classic Anschutz 1713 Silhouette Anschutz Achiever Anschutz Achiever Bolt-Action Rifle Anschutz All Other Bolt Action Rimfire Models Anschutz Kadett Anschutz Model 1502 D Classic Anschutz Model 1517 D Classic Anschutz Model 1517 MPR Multi Purpose Anschutz Model 1517 S–BR Anschutz Model 1710 D KL Anschutz Model 1717 Classic Anschutz Model 1717 Silhouette Sporter Anschutz Model G4 MPB Anschutz Model Woodchucker Armscor Model 14P Bolt-Action Rifle Armscor Model 1500 Rifle Beeman/HW 60–J–ST Bolt-Action Rifle BRNO ZKM 452 Deluxe BRNO ZKM–456 Lux Sporter BRNO ZKM–452 Deluxe Bolt-Action Rifle Browning A-Bolt 22 Bolt-Action Rifle Browning A-Bolt Gold Medallion Browning T-Bolt Rimfire Rifles Cabanas Espronceda IV Bolt-Action Rifle Cabanas Leyre Bolt-Action Rifle Cabanas Master Bolt-Action Rifle Cabanas Phaser Rifle Chipmunk Single Shot Rifle Cooper Arms Model 36S Sporter Rifle Cooper Model 57–M Bolt Action Rifle CZ 452 Bolt Action Rifles Dakota 22 Sporter Bolt-Action Rifle Davey Crickett Single Shot Rifle Harrington & Richardson Sportster Harrington & Richardson Sportster 17 Hornady Magnum Rimfire Harrington & Richardson Sportster Compact Henry Mini Bolt Action Rifle Henry Acu-Bolt .22 Henry Mini Bolt Youth .22 Kimber Bolt Action .22 Rifles Krico Model 300 Bolt-Action Rifles Lakefield Arms Mark I Bolt-Action Rifle Lakefield Arms Mark II Bolt-Action Rifle Magtech Model MT Bolt Action Rifle Magtech Model MT–22C Bolt-Action Rifle Marlin Model 15YN Little Buckaroo Marlin Model 25MN Bolt-Action Rifle Marlin Model 25N Bolt-Action Repeater Marlin Model 880 Bolt-Action Rifle Marlin Model 881 Bolt-Action Rifle Marlin Model 882 Bolt-Action Rifle Marlin Model 883 Bolt-Action Rifle Marlin Model 883SS Bolt-Action Rifle Marlin Model 915 YN Little Buckaroo Marlin Model 915Y (Compact) Marlin Model 915YS (Compact) Marlin Model 917 Marlin Model 917S Marlin Model 917V Marlin Model 917VR Marlin Model 917VS Marlin Model 917VS–CF Marlin Model 917VSF Marlin Model 917VST Marlin Model 917VT Marlin Model 925 Marlin Model 925C Marlin Model 925M Marlin Model 925R Marlin Model 925RM Marlin Model 980S Marlin Model 980S–CF Marlin Model 981T Marlin Model 982 Bolt Action Rifle Marlin Model 982VS Marlin Model 982VS–CF Marlin Model 983 Marlin Model 983S Marlin Model 983T Marlin Model XT–17 Series Bolt Action Rifles Marlin Model XT–22 Series Bolt Action Rifles Mauser Model 107 Bolt-Action Rifle Mauser Model 201 Bolt-Action Rifle Meacham Low-Wall Rifle Mossberg Model 801/802 Bolt Rifles Mossberg Model 817 Varmint Bolt Action Rifle Navy Arms TU–33/40 Carbine Navy Arms TU–KKW Sniper Trainer Navy Arms TU–KKW Training Rifle New England Firearms Sportster Single Shot Rifles Norinco JW–15 Bolt-Action Rifle Norinco JW–27 Bolt-Action Rifle Remington 40–XR Rimfire Custom Sporter Remington 541–T Remington 541–T HB Bolt-Action Rifle Remington 581–S Sportsman Rifle Remington Model Five Remington Model Five Youth Rossi Matched Pair Single Shot Rifle Ruger 77/17 Ruger 77/22 Ruger 77/22 Rimfire Bolt-Action Rifle Ruger K77/22 Varmint Rifle Savage CUB T Mini Youth Savage Mark I–G Bolt Action Savage Mark II Bolt Action Rifles Savage Model 30 G Stevens Favorite Savage Model 93 Rifles Thompson/Center Hotshot Youth Rifle Ultra Light Arms Model 20 RF Bolt-Action Rifle Winchester Model 52B Sporting Rifle Winchester Wildcat Bolt Action Rifle 22 Competition Rifles—Centerfire & Rimfire Anschutz 1803D Intermediate Match Anschutz 1808D RT Super Match 54 Target Anschutz 1827B Biathlon Rifle Anschutz 1827BT Fortner Biathlon Rifle Anschutz 1903 Rifles Anschutz 1903D Match Rifle Anschutz 1907 Match Rifle Anschutz 1910 Super Match II Anschutz 1911 Match Rifle Anschutz 1912 Rifles Anschutz 1913 Super Match Rifle Anschutz 54.18MS REP Deluxe Silhouette Rifle Anschutz 54.18MS Silhouette Rifle Anschutz 64 MP R Silhouette Rifle Anschutz 64–MS Left Silhouette Anschutz Super Match 54 Target Model 2007 Anschutz Super Match 54 Target Model 2013 Beeman/Feinwerkbau 2600 Target Rifle Cooper Arms Model TRP–1 ISU Standard Rifle E.A.A./HW 60 Target Rifle E.A.A./HW 660 Match Rifle E.A.A./Weihrauch HW 60 Target Rifle Ed Brown Model 704, M40A2 Marine Sniper Finnish Lion Standard Target Rifle Krico Model 360 S2 Biathlon Rifle Krico Model 360S Biathlon Rifle Krico Model 400 Match Rifle Krico Model 500 Kricotronic Match Rifle Krico Model 600 Match Rifle Krico Model 600 Sniper Rifle Lakefield Arms Model 90B Target Rifle Lakefield Arms Model 91T Target Rifle Lakefield Arms Model 92S Silhouette Rifle Marlin Model 2000 Target Rifle Mauser Model 86–SR Specialty Rifle McMillan 300 Phoenix Long Range Rifle McMillan Long Range Rifle McMillan M–86 Sniper Rifle McMillan M–89 Sniper Rifle McMillan National Match Rifle Parker-Hale M–85 Sniper Rifle Parker-Hale M–87 Target Rifle Remington 40–X Bolt Action Rifles Remington 40–XB Rangemaster Target Centerfire Remington 40–XBBR KS Remington 40–XC KS National Match Course Rifle Remington 40–XR KS Rimfire Position Rifle Sako TRG–21 Bolt-Action Rifle Sako TRG–22 Bolt Action Rifle Springfield Armory M–1 Garand Steyr-Mannlicher SSG Rifles Steyr-Mannlicher Match SPG–UIT Rifle Steyr-Mannlicher SSG P–I Rifle Steyr-Mannlicher SSG P–II Rifle Steyr-Mannlicher SSG P–III Rifle Steyr-Mannlicher SSG P–IV Rifle Tanner 300 Meter Free Rifle Tanner 50 Meter Free Rifle Tanner Standard UIT Rifle Time Precision 22RF Bench Rifle Wichita Silhouette Rifle Shotguns—Autoloaders American Arms American Arms/Franchi Black Magic 48/AL Benelli Bimillionaire Benelli Black Eagle Competition Auto Shotgun Benelli Cordoba Benelli Executive Series Benelli Legacy Model Benelli M1 Benelli M1 Defense Benelli M1 Tactical Benelli M1014 Limited Edition Benelli M2 Benelli M2 Field Steady Grip Benelli M2 Practical Benelli M2 Tactical Benelli M2 American Series Benelli M3 Convertible Benelli M4 Models Vinci Steady Grip Benelli Montefeltro Super 90 20-Gauge Shotgun Benelli Montefeltro Super 90 Shotgun Benelli Raffaello Series Shotguns Benelli Sport Model Benelli Super 90 M1 Field Model Benelli Super Black Eagle II Models Benelli Super Black Eagle II Steady Grip Benelli Super Black Eagle Models Benelli Super Black Eagle Shotgun Benelli Super Black Eagle Slug Gun Benelli Super Vinci Benelli Supersport Benelli Two-Gun Sets Benelli Ultralight Benelli Vinci Beretta 390 Field Auto Shotgun Beretta 390 Super Trap, Super Skeet Shotguns Beretta 3901 Citizen Beretta 3901 Rifled Slug Gun Beretta 3901 Statesman Beretta A–303 Auto Shotgun Beretta A400 Series Beretta AL–2 Models Beretta AL–3 Deluxe Trap Beretta AL390 Series Beretta AL391 Teknys Gold Beretta AL391 Teknys Gold Sporting Beretta AL391 Teknys Gold Target Beretta AL391 Urika 2 Camo AP Beretta AL391 Urika 2 Camo Max-4 Beretta AL391 Urika 2 Classic Beretta AL391 Urika 2 Gold Beretta AL391 Urika 2 Gold Sporting Beretta AL391 Urika 2 Parallel Target SL Beretta AL391 Urika 2 Sporting Beretta AL391 Urika 2 Synthetic Beretta EHDC584421DD1B43E1BD50FD24702C2E1600 Pintail Series Beretta Model 1200 Field Beretta Model 1201F Auto Shotgun Beretta Model 300 Beretta Model 301 Series Beretta Model 302 Series Beretta Model 60 Beretta Model 61 Beretta Model A304 Lark Beretta Model AL391 Series Beretta Model TX4 Storm Beretta Silver Lark Beretta UGB25 Xcel Beretta Vittoria Auto Shotgun Beretta Xtrema2 Breda Altair Breda Altair Special Breda Aries 2 Breda Astro Breda Astrolux Breda Echo Breda Ermes Series Breda Gold Series Breda Grizzly Breda Mira Breda Standard Series Breda Xanthos Brolin BL–12 Brolin SAS–12 Browning A–500G Auto Shotgun Browning A–500G Sporting Clays Browning A–500R Auto Shotgun Browning Auto-5 Light 12 and 20 Browning Auto-5 Magnum 12 Browning Auto-5 Magnum 20 Browning Auto-5 Stalker Browning B2000 Series Browning BSA 10 Auto Shotgun Browning BSA 10 Stalker Auto Shotgun Browning Gold Series Browning Maxus Series Charles Daly Field Grade Series Charles Daly Novamatic Series Charles Daly Tactical Churchill Regent Churchill Standard Model Churchill Turkey Automatic Shotgun Churchill Windsor Cosmi Automatic Shotgun CZ 712 CZ 720 CZ 912 Escort Escort Series European American Armory (EAA) Bundra Series Fabarms Ellegi Series Fabarms Lion Series Fabarms Tactical FNH USA Model SLP Franchi 610VS Franchi 612 Series Franchi 620 Franchi 712 Franchi 720 Franchi 912 Franchi AL 48 Franchi AL 48 Series Franchi Elite Franchi I–12 Inertia Series Franchi Prestige H&K Model 512 H&R Manufrance H&R Model 403 Hi-Standard 10A Hi-Standard 10B Hi-Standard Semi Automatic Model Hi-Standard Supermatic Series Ithaca Mag-10 Ithaca Model 51 Series LaSalle Semi-automatic Ljutic Bi-matic Autoloader Luger Ultra-light Model Marlin SI 12 Series Maverick Model 60 Auto Shotgun Model AL–1 Mossberg 1000 Mossberg Model 600 Auto Shotgun Mossberg Model 930 All-Purpose Field Mossberg Model 930 Slugster Mossberg Model 930 Turkey Mossberg Model 930 Waterfowl Mossberg Model 935 Magnum Combos Mossberg Model 935 Magnum Flyway Series Waterfowl Mossberg Model 935 Magnum Grand Slam Series Turkey Mossberg Model 935 Magnum Turkey Mossberg Model 935 Magnum Waterfowl New England Firearms Excell Auto Combo New England Firearms Excell Auto Synthetic New England Firearms Excell Auto Turkey New England Firearms Excell Auto Walnut New England Firearms Excell Auto Waterfowl Nighthawk Tactical Semi-auto Ottomanguns Sultan Series Remington 105Ti Series Remington 1100 20-Gauge Deer Gun Remington 1100 LT–20 Auto Remington 1100 LT–20 Tournament Skeet Remington 1100 Special Field Remington 11–48 Series Remington 11–96 Series Remington Model 105 Cti Remington Model 11 Series Remington Model 1100 Classic Trap Remington Model 1100 Competition Remington Model 1100 G3 Remington Model 1100 Series Remington Model 1100 Shotgun Remington Model 1100 Sporting Series Remington Model 11–87 Sportsman Camo Remington Model 11–87 Sportsman Super Mag Synthetic Remington Model 11–87 Sportsman Super Mag Waterfowl Remington Model 11–87 Sportsman Synthetic Remington Model 11–87 Sportsman Youth Remington Model 11–87 Sportsman Youth Synthetic Remington Model 48 Series Remington Model 58 Series Remington Model 870 Classic Trap Remington Model 878A Automaster Remington Model SP–10 Magnum Satin Remington Model SP–10 Waterfowl Remington Model SPR453 Remington Versa-Max Series Savage Model 720 Savage Model 726 Savage Model 740C Skeet Gun Savage Model 745 Savage Model 755 Series Savage Model 775 Series Scattergun Technologies K–9 Scattergun Technologies SWAT Scattergun Technologies Urban Sniper Model SKB 1300 Upland SKB 1900 SKB 300 Series SKB 900 Series SKS 3000 Smith & Wesson Model 1000 Smith & Wesson Model 1012 Series Spartan Gun Works SPR453 TOZ Model H–170 Tri-Star Diana Series Tri-Star Phantom Series Tri-Star Viper Series Tula Arms Plant TOZ 87 Verona 401 Series Verona 405 Series Verona 406 Series Verona SX801 Series Weatherby Centurion Series Weatherby Field Grade Weatherby Model 82 Weatherby SA–08 Series Weatherby SA–459 TR Weatherby SAS Series Winchester 1500 Winchester Model 50 Winchester Model 59 Winchester Super X1 Series Winchester Super X2 Series Winchester Super X3 Series Shotguns—Slide Actions ADCO Diamond Grade ADCO Diamond Series Shotguns ADCO Mariner Model ADCO Sales Inc. Gold Elite Series Armscor M–30 Series Armscor M–5 Baikal IZH–81 Baikal MP133 Benelli Nova Series Benelli Supernova Series Beretta Ariete Standard Beretta Gold Pigeon Pump Beretta Model SL–12 Beretta Ruby Pigeon Pump Beretta Silver Pigeon Pump Brolin Field Series Brolin Lawman Model Brolin Slug Special Brolin Slugmaster Brolin Turkey Master Browning BPS Game Gun Deer Special Browning BPS Game Gun Turkey Special Browning BPS Pigeon Grade Pump Shotgun Browning BPS Pump Shotgun Browning BPS Pump Shotgun (Ladies and Youth Model) Browning BPS Series Pump Shotgun Browning BPS Stalker Pump Shotgun Browning Model 12 Limited Edition Series Browning Model 42 Pump Shotgun Century IJ12 Slide Action Century Ultra 87 Slide Action Charles Daly Field Hunter Ducks Unlimited Dinner Guns EAA Model PM2 Escort Field Series Fort Worth Firearms GL18 H&R Pardner Pump Hi-Standard Flite-King Series Hi-Standard Model 200 Interstate Arms Model 981 Interstate Arms Model 982T Ithaca Deerslayer II Rifled Shotgun Ithaca Model 87 Deerslayer Shotgun Ithaca Model 87 Deluxe Pump Shotgun Ithaca Model 87 Series Shotguns Ithaca Model 87 Supreme Pump Shotgun Ithaca Model 87 Turkey Gun Magtech Model 586–VR Pump Shotgun Maverick Models 88, 91 Pump Shotguns Mossberg 200 Series Shotgun Mossberg 3000 Pump Shotgun Mossberg 535 ATS Series Pump Shotguns Mossberg Field Grade Model 835 Pump Shotgun Mossberg Model 500 All Purpose Field Mossberg Model 500 Bantam Mossberg Model 500 Bantam Combo Mossberg Model 500 Bantam Pump Mossberg Model 500 Camo Pump Mossberg Model 500 Combos Mossberg Model 500 Flyway Series Waterfowl Mossberg Model 500 Grand Slam Series Turkey Mossberg Model 500 Muzzleloader Mossberg Model 500 Muzzleloader Combo Mossberg Model 500 Series Pump Shotguns Mossberg Model 500 Slugster Mossberg Model 500 Sporting Pump Mossberg Model 500 Super Bantam All Purpose Field Mossberg Model 500 Super Bantam Combo Mossberg Model 500 Super Bantam Slug Mossberg Model 500 Super Bantam Turkey Mossberg Model 500 Trophy Slugster Mossberg Model 500 Turkey Mossberg Model 500 Waterfowl Mossberg Model 505 Series Pump Shotguns Mossberg Model 505 Youth All Purpose Field Mossberg Model 535 ATS All Purpose Field Mossberg Model 535 ATS Combos Mossberg Model 535 ATS Slugster Mossberg Model 535 ATS Turkey Mossberg Model 535 ATS Waterfowl Mossberg Model 835 Regal Ulti-Mag Pump Mossberg Model 835 Series Pump Shotguns Mossberg Model 835 Ulti-Mag Mossberg Turkey Model 500 Pump National Wild Turkey Federation (NWTF) Banquet/Guns of the Year New England Firearms Pardner Pump Combo New England Firearms Pardner Pump Field New England Firearms Pardner Pump Slug Gun New England Firearms Pardner Pump Synthetic New England Firearms Pardner Pump Turkey Gun New England Firearms Pardner Pump Walnut New England Firearms Pardner Pump-Compact Field New England Firearms Pardner Pump-Compact Synthetic New England Firearms Pardner Pump-Compact Walnut Norinco Model 98 Field Series Norinco Model 983 Norinco Model 984 Norinco Model 985 Norinco Model 987 Orvis Grand Vazir Series Quail Unlimited Limited Edition Pump Shotguns Remington 870 Express Remington 870 Express Rifle Sighted Deer Gun Remington 870 Express Series Pump Shotguns Remington 870 Express Turkey Remington 870 High Grade Series Remington 870 High Grades Remington 870 Marine Magnum Remington 870 Special Field Remington 870 Special Purpose Deer Gun Remington 870 Special Purpose Synthetic Camo Remington 870 SPS Special Purpose Magnum Remington 870 SPS–BG–Camo Deer/Turkey Shotgun Remington 870 SPS–Deer Shotgun Remington 870 SPS–T Camo Pump Shotgun Remington 870 TC Trap Remington 870 Wingmaster Remington 870 Wingmaster Series Remington 870 Wingmaster Small Gauges Remington Model 11–87 XCS Super Magnum Waterfowl Remington Model 870 Ducks Unlimited Series Dinner Pump Shotguns Remington Model 870 Express Remington Model 870 Express JR. Remington Model 870 Express Shurshot Synthetic Cantilever Remington Model 870 Express Super Magnum Remington Model 870 Express Synthetic Remington Model 870 Express Youth Gun Remington Model 870 Express Youth Synthetic Remington Model 870 SPS Shurshot Synthetic Cantilever Remington Model 870 SPS Shurshot Synthetic Turkey Remington Model 870 SPS Special Purpose Magnum Series Pump Shotguns Remington Model 870 SPS Super Mag Max Gobbler Remington Model 870 XCS Marine Magnum Remington Model 870 XCS Super Magnum Winchester 12 Commercial Riot Gun Winchester 97 Commercial Riot Gun Winchester Model 12 Pump Shotgun Winchester Model 120 Ranger Winchester Model 1200 Series Shotgun Winchester Model 1300 Ranger Pump Gun Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun Winchester Model 1300 Series Shotgun Winchester Model 1300 Slug Hunter Deer Gun Winchester Model 1300 Turkey Gun Winchester Model 1300 Walnut Pump Winchester Model 42 High Grade Shotgun Winchester Speed Pump Defender Winchester SXP Series Pump Shotgun Zoli Pump Action Shotgun Shotguns—Over/Unders ADCO Sales Diamond Series Shotguns American Arms/Franchi Falconet 2000 O/U American Arms Lince American Arms Silver I O/U American Arms Silver II Shotgun American Arms Silver Skeet O/U American Arms Silver Sporting O/U American Arms Silver Trap O/U American Arms WS/OU 12, TS/OU 12 Shotguns American Arms WT/OU 10 Shotgun American Arms/Franchi Sporting 2000 O/U Armsport 2700 O/U Goose Gun Armsport 2700 Series O/U Armsport 2900 Tri-Barrel Shotgun AYA Augusta AYA Coral A AYA Coral B AYA Excelsior AYA Model 37 Super AYA Model 77 AYA Model 79 Series Baby Bretton Over/Under Shotgun Baikal IZH27 Baikal MP310 Baikal MP333 Baikal MP94 Beretta 90 DE LUXE Beretta 682 Gold E Skeet Beretta 682 Gold E Trap Beretta 682 Gold E Trap Bottom Single Beretta 682 Series Beretta 682 Super Sporting O/U Beretta 685 Series Beretta 686 Series Beretta 686 White Onyx Beretta 686 White Onyx Sporting Beretta 687 EELL Classic Beretta 687 EELL Diamond Pigeon Beretta 687 EELL Diamond Pigeon Sporting Beretta 687 Series Beretta 687EL Sporting O/U Beretta Alpha Series Beretta America Standard Beretta AS Beretta ASE 90 Competition O/U Shotgun Beretta ASE 90 Gold Skeet Beretta ASE Gold Beretta ASE Series Beretta ASEL Beretta BL Sereis Beretta DT10 Series Beretta DT10 Trident EELL Beretta DT10 Trident L Sporting Beretta DT10 Trident Skeet Beretta DT10 Trident Sporting Beretta DT10 Trident Trap Combo Beretta Europa Beretta Field Shotguns Beretta Gamma Series Beretta Giubileo Beretta Grade Four Beretta Grade One Beretta Grade Three Beretta Grade Two Beretta Milano Beretta Model 686 Ultralight O/U Beretta Model SO5, SO6, SO9 Shotguns Beretta Onyx Hunter Sport O/U Shotgun Beretta Over/Under Field Shotguns Beretta Royal Pigeon Beretta S56 Series Beretta S58 Series Beretta Series 682 Competition Over/Unders Beretta Silver Pigeon II Beretta Silver Pigeon II Sporting Beretta Silver Pigeon III Beretta Silver Pigeon III Sporting Beretta Silver Pigeon IV Beretta Silver Pigeon S Beretta Silver Pigeon V Beretta Silver Snipe Beretta Skeet Set Beretta SO–1 Beretta SO–2 Beretta SO–3 Beretta SO–4 Beretta SO5 Beretta SO6 EELL Beretta SO–10 Beretta SO10 EELL Beretta Sporting Clay Shotguns Beretta SV10 Perennia Beretta Ultralight Beretta Ultralight Deluxe Bertuzzi Zeus Bertuzzi Zeus Series Beschi Boxlock Model Big Bear Arms IJ–39 Big Bear Arms Sterling Series Big Bear IJ–27 Blaser F3 Series Bosis Challenger Titanium Bosis Laura Bosis Michaelangelo Bosis Wild Series Boss Custom Over/Under Shotguns Boss Merlin Boss Pendragon Breda Pegaso Series Breda Sirio Standard Breda Vega Series Bretton Baby Standard Bretton Sprint Deluxe BRNO 500/501 BRNO 502 BRNO 801 Series BRNO 802 Series BRNO BS–571 BRNO BS–572 BRNO ZH–300 BRNO ZH–301 BRNO ZH–302 BRNO ZH–303 Browning 325 Sporting Clays Browning 625 Series Browning 725 Series Browning B–25 Series Browning B–26 Series Browning B–27 Series Browning B–125 Custom Shop Series Browning Citori 525 Series Browning Citori GTI Sporting Clays Browning Citori Lightning Series Browning Citori O/U Shotgun Browning Citori O/U Skeet Models Browning Citori O/U Trap Models Browning Citori Plus Trap Combo Browning Citori Plus Trap Gun Browning Cynergy Series Browning Diana Grade Browning Lightning Sporting Clays Browning Micro Citori Lightning Browning Midas Grade Browning Special Sporting Clays Browning Sporter Model Browning ST–100 Browning Superlight Citori Over/Under Browning Superlight Citori Series Browning Superlight Feather Browning Superposed Pigeon Grade Browning Superposed Standard BSA Falcon BSA O/U BSA Silver Eagle Cabela’s Volo Caprinus Sweden Model Centurion Over/Under Shotgun Century Arms Arthemis Chapuis Over/Under Shotgun Charles Daly Country Squire Model Charles Daly Deluxe Model Charles Daly Diamond Series Charles Daly Empire Series Charles Daly Field Grade O/U Charles Daly Lux Over/Under Charles Daly Maxi-Mag Charles Daly Model 105 Charles Daly Model 106 Charles Daly Model 206 Charles Daly Over/Under Shotguns, Japanese Manufactured Charles Daly Over/Under Shotguns, Prussian Manufactured Charles Daly Presentation Model Charles Daly Sporting Clays Model Charles Daly Superior Model Charles Daly UL Churchill Imperial Model Churchill Monarch Churchill Premiere Model Churchill Regent Trap and Skeet Churchill Regent V Churchill Sporting Clays Churchill Windsor III Churchill Windsor IV Classic Doubles Model 101 Series Cogswell & Harrison Woodward Type Connecticut Shotgun Company A. Galazan Model Connecticut Shotgun Company A–10 American Connecticut Valley Classics Classic Field Waterfowler Connecticut Valley Classics Classic Sporter O/U Continental Arms Centaure Series Cortona Over/Under Shotguns CZ 581 Solo CZ Canvasback 103D CZ Limited Edition CZ Mallard 104A CZ Redhead Deluxe 103FE CZ Sporting CZ Super Scroll Limited Edition CZ Upland Ultralight CZ Wingshooter Dakin Arms Model 170 Darne SB1 Darne SB2 Darne SB3 Depar ATAK Doumoulin Superposed Express Ducks Unlimited Dinner Guns/Guns of the Year, Over/Under Models Dumoulin Boss Royal Superposed E.A.A. Falcon E.A.A. Scirocco Series E.A.A./Sabatti Falcon-Mon Over/Under E.A.A./Sabatti Sporting Clays Pro-Gold O/U ERA Over/Under Famars di Abbiatico & Salvinelli Aries Famars di Abbiatico & Salvinelli Castrone Famars di Abbiatico & Salvinelli Dove Gun Famars di Abbiatico & Salvinelli Excaliber Series Famars di Abbiatico & Salvinelli Jorema Famars di Abbiatico & Salvinelli Leonardo Famars di Abbiatico & Salvinelli Pegasus Famars di Abbiatico & Salvinelli Posiden Famars di Abbiatico & Salvinelli Quail Gun Famars di Abbiatico & Salvinelli Royal Famars di Abbiatico & Salvinelli Royale Fausti Boutique Series Fausti Caledon Series Fausti Class Series Ferlib Boss Model Finnclassic 512 Series Franchi 2004 Trap Franchi 2005 Combination Trap Franchi Alcione Series Franchi Aristocrat Series Franchi Black Majic Franchi Falconet Series Franchi Instict Series Franchi Model 2003 Trap Franchi Renaissance Series Franchi Sporting 2000 Franchi Undergun Model 3000 Franchi Veloce Series Galef Golden Snipe Galef Silver Snipe Golden Eagle Model 5000 Series Griffon & Howe Black Ram Griffon & Howe Broadway Griffon & Howe Claremont Griffon & Howe Madison Griffon & Howe Silver Ram Griffon & Howe Superbrite Guerini Apex Series Guerini Challenger Sporting Guerini Ellipse Evo Guerini Ellipse Evolution Sporting Guerini Ellipse Limited Guerini Essex Field Guerini Flyaway Guerini Forum Series Guerini Magnus Series Guerini Maxum Series Guerini Summit Series Guerini Tempio Guerini Woodlander H&R Harrich #1 H&R Model 1212 H&R Model 1212WF H&R Pinnacle Hatfields Hatfield Model 1 of 100 Heym Model 55 F Heym Model 55 SS Heym Model 200 Holland & Holland Royal Series Holland & Holland Sporting Model IGA 2000 Series IGA Hunter Series IGA Trap Series IGA Turkey Series IGA Waterfowl Series K.F.C. E–2 Trap/Skeet K.F.C. Field Gun Kassnar Grade I O/U Shotgun KDF Condor Khan Arthemis Field/Deluxe Kimber Augusta Series Kimber Marias Series Krieghoff K–80 Four-Barrel Skeet Set Krieghoff K–80 International Skeet Krieghoff K–80 O/U Trap Shotgun Krieghoff K–80 Skeet Shotgun Krieghoff K–80 Sporting Clays O/U Krieghoff K–80/RT Shotguns Krieghoff Model 20 Sporting/Field Krieghoff Model 32 Series Lames Field Model Lames Skeet Model Lames Standard Model Lames California Model Laurona Model 67 Laurona Model 82 Series Laurona Model 83 Series Laurona Model 84 Series Laurona Model 85 Series Laurona Model 300 Series Laurona Silhouette 300 Sporting Clays Laurona Silhouette 300 Trap Laurona Super Model Over/Unders Lebeau Baron Series Lebeau Boss Verres Lebeau Boxlock with sideplates Lebeau Sidelock Lebeau Versailles Lippard Custom Over/Under Shotguns Ljutic LM–6 Deluxe O/U Shotgun Longthorne Hesketh Game Gun Longthorne Sporter Marlin Model 90 Marocchi Avanza O/U Shotgun Marocchi Conquista Over/Under Shotgun Marocchi Conquista Series Marocchi Model 100 Marocchi Model 99 Maverick HS–12 Tactical Maverick Hunter Field Model McMillan Over/Under Sidelock Merkel 201 Series Merkel 2016 Series Merkel 2116 EL Sidelock Merkel 303EL Luxus Merkel Model 100 Merkel Model 101 Merkel Model 101E Merkel Model 200E O/U Shotgun Merkel Model 200E Skeet, Trap Over/Unders Merkel Model 200SC Sporting Clays Merkel Model 203E, 303E Over/Under Shotguns Merkel Model 204E Merkel Model 210 Merkel Model 301 Merkel Model 302 Merkel Model 304E Merkel Model 310E Merkel Model 400 Merkel Model 400E Merkel Model 2000 Series Mossberg Onyx Reserve Field Mossberg Onyx Reserve Sporting Mossberg Silver Reserve Field Mossberg Silver Reserve Series Mossberg Silver Reserve Sporting Norinco Type HL12–203 Omega Standard Over/Under Model Orvis Field Orvis Knockabout Orvis Premier Grade Orvis SKB Green Mountain Uplander Orvis Sporting Clays Orvis Super Field Orvis Uplander Orvis Waterfowler Pederson Model 1000 Series Pederson Model 1500 Series Perazzi Boxlock Action Hunting Perazzi Competition Series Perazzi Electrocibles Perazzi Granditalia Perazzi Mirage Special Four-Gauge Skeet Perazzi Mirage Special Skeet Over/Under Perazzi Mirage Special Sporting O/U Perazzi MS80 Perazzi MT–6 Perazzi MX1/MX2 Perazzi MX3 Perazzi MX4 Perazzi MX5 Perazzi MX6 Perazzi MX7 Over/Under Shotguns Perazzi MX8/20 Over/Under Shotgun Perazzi MX8/MX8 Special Trap, Skeet Perazzi MX9 Single Over/Under Shotguns Perazzi MX10 Perazzi MX11 Perazzi MX12 Hunting Over/Under Perazzi MX14 Perazzi MX16 Perazzi MX20 Hunting Over/Under Perazzi MX28, MX410 Game O/U Shotguns Perazzi MX2000 Perazzi MX2005 Perazzi MX2008 Perazzi Sidelock Action Hunting Perazzi Sporting Classic O/U Perugini Maestro Series Perugini Michelangelo Perugini Nova Boss Pietro Zanoletti Model 2000 Field O/U Piotti Boss Over/Under Shotgun Pointer Italian Model Pointer Turkish Model Remington 396 Series Remington 3200 Series Remington Model 32 Series Remington Model 300 Ideal Remington Model 332 Series Remington Model SPR310 Remington Model SPR310N Remington Model SPR310S Remington Peerless Over/Under Shotgun Remington Premier Field Remington Premier Ruffed Grouse Remington Premier Series Remington Premier STS Competition Remington Premier Upland Richland Arms Model 41 Richland Arms Model 747 Richland Arms Model 757 Richland Arms Model 787 Richland Arms Model 808 Richland Arms Model 810 Richland Arms Model 828 Rigby 401 Sidelock Rota Model 650 Rota Model 72 Series Royal American Model 100 Ruger Red Label O/U Shotgun Ruger Sporting Clays O/U Shotgun Ruger Woodside Shotgun Rutten Model RM 100 Rutten Model RM285 S.I.A.C.E. Evolution S.I.A.C.E. Model 66C S.I.A.C.E. 600T Lusso EL San Marco 10-Ga. O/U Shotgun San Marco 12-Ga. Wildflower Shotgun San Marco Field Special O/U Shotgun Sauer Model 66 Series Savage Model 242 Savage Model 420/430 Sig Sauer Aurora Series Sig Sauer SA–3 Sig Sauer SA–5 Silma Model 70 Series SKB Model 85 Series SKB Model 500 Series SKB Model 505 Deluxe Over/Under Shotgun SKB Model 505 Series SKB Model 600 Series SKB Model 605 Series SKB Model 680 Series SKB Model 685 Over/Under Shotgun SKB Model 685 Series SKB Model 700 Series SKB Model 785 Series SKB Model 800 Series SKB Model 880 Series SKB Model 885 Over/Under Trap, Skeet, Sporting Clays SKB Model 885 Series SKB Model 5600 Series SKB Model 5700 Series SKB Model 5800 Series SKB Model GC–7 Series Spartan SPR310/320 Stevens Model 240 Stevens Model 512 Stoeger/IGA Condor I O/U Shotgun Stoeger/IGA ERA 2000 Over/Under Shotgun Techni-Mec Model 610 Over/Under Tikka Model 412S Field Grade Over/Under Traditions 350 Series Traditions Classic Field Series Traditions Classic Upland Series Traditions Gold Wing Series Traditions Real 16 Series Tri Star Model 330 Series Tri-Star Hunter EX Tri-Star Model 300 Tri-Star Model 333 Series Tri-Star Setter Model Tri-Star Silver Series Tri-Star Sporting Model TULA 120 TULA 200 TULA TOZ34 Universal 7112 Universal 7312 Universal 7412 Universal 7712 Universal 7812 Universal 7912 Verona 501 Series Verona 680 Series Verona 702 Series Verona LX692 Series Verona LX980 Series Weatherby Athena Grade IV O/U Shotguns Weatherby Athena Grade V Classic Field O/U Weatherby Athena Series Weatherby Classic Field Models Weatherby II, III Classic Field O/Us Weatherby Orion II Classic Sporting Clays O/U Weatherby Orion II Series Weatherby Orion II Sporting Clays O/U Weatherby Orion III Series Weatherby Orion O/U Shotguns Winchester Model 91 Winchester Model 96 Winchester Model 99 Winchester Model 101 All Models and Grades Winchester Model 1001 O/U Shotgun Winchester Model 1001 Series Winchester Model 1001 Sporting Clays O/U Winchester Model G5500 Winchester Model G6500 Winchester Select Series Zoli Condor Zoli Deluxe Model Zoli Dove Zoli Field Special Zoli Pigeon Model Zoli Silver Snipe Zoli Snipe Zoli Special Model Zoli Target Series Zoli Texas Zoli Z Series Zoli Z–90 Series Zoli Z-Sport Series Shotguns—Side by Sides Armas Azor Sidelock Model ADCO Sales Diamond Series Shotguns American Arms Brittany Shotgun American Arms Derby Side-by-Side American Arms Gentry Double Shotgun American Arms Grulla #2 Double Shotgun American Arms TS/SS 10 Double Shotgun American Arms TS/SS 12 Side-by-Side American Arms WS/SS 10 Arizaga Model 31 Double Shotgun Armes de Chasse Sidelock and Boxlock Shotguns Armsport 1050 Series Double Shotguns Arrieta Sidelock Double Shotguns Auguste Francotte Boxlock Shotgun Auguste Francotte Sidelock Shotgun AYA Boxlock Shotguns AYA Sidelock Double Shotguns Baikal IZH–43 Series Shotguns Baikal MP210 Series Shotguns Baikal MP213 Series Shotguns Baikal MP220 Series Shotguns Baker Gun Sidelock Models Baltimore Arms Co. Style 1 Baltimore Arms Co. Style 2 Bayard Boxlock and Sidelock Model Shotguns Beretta 450 Series Shotguns Beretta 451 Series Shotguns Beretta 452 Series Shotguns Beretta 470 Series Shotguns Beretta Custom Grade Shotguns Beretta Francia Standard Beretta Imperiale Montecarlo Beretta Model 452 Sidelock Shotgun Beretta Omega Standard Beretta Side-by-Side Field Shotguns Beretta Verona/Bergamo Bertuzzi Ariete Hammer Gun Bertuzzi Model Orione Bertuzzi Venere Series Shotguns Beschi Sidelock and Boxlock Models Bill Hanus Birdgun Doubles Bosis Country SxS Bosis Hammer Gun Bosis Queen Sidelock Boss Robertson SxS Boss SxS Boswell Boxlock Model Boswell Feartherweight Monarch Grade Boswell Merlin Sidelock Boswell Sidelock Model Breda Andromeda Special BRNO ZP Series Shotguns Brown SxS Shotgun Browning B–SS Browning B–SS Belgian/Japanese Prototype Browning B–SS Sidelock Browning B–SS Sporter Bruchet Model A Bruchet Model B BSA Classic BSA Royal Cabela’s ATA Grade II Custom Cabela’s Hemingway Model Casartelli Sidelock Model Century Coach SxS Chapuis RGP Series Shotguns Chapuis RP Series Shotguns Chapuis Side-by-Side Shotgun Chapuis UGP Round Design SxS Charles Daly 1974 Wildlife Commemorative Charles Daly Classic Coach Gun Charles Daly Diamond SxS Charles Daly Empire SxS Charles Daly Model 306 Charles Daly Model 500 Charles Daly Model Dss Double Charles Daly Superior SxS Churchill Continental Series Shotguns Churchill Crown Model Churchill Field Model Churchill Hercules Model Churchill Imperial Model Churchill Premiere Series Shotguns Churchill Regal Model Churchill Royal Model Churchill Windsor Series Shotguns Cimarron Coach Guns Classic Doubles Model 201 Classic Clot 1878 Hammer Shotgun Cogswell & Harrison Sidelock and Boxlock Shotguns Colt 1883 Hammerless Colt SxS Shotgun Connecticut Shotgun Co. Model 21 Connecticut Shotgun Co. RBL Series Continental Arms Centaure Crescent SxS Model Crucelegui Hermanos Model 150 Double CZ Amarillo CZ Bobwhite CZ Competition CZ Deluxe CZ Durango CZ Grouse CZ Hammer Models CZ Partridge CZ Ringneck CZ Ringneck Target Dakin Model 100 Dakin Model 147 Dakin Model 160 Dakin Model 215 Dakota American Legend Dakota Classic Grade Dakota Classic Grade II Dakota Classic Grade III Dakota Premier Grade Dan Arms Deluxe Field Model Dan Arms Field Model Darne Sliding Breech Series Shotguns Davidson Arms Model 63B Davidson Arms Model 69SL Davidson Arms Model 73 Stagecoach Dumoulin Continental Model Dumoulin Etendard Model Dumoulin Europa Model Dumoulin Liege Model E.A.A. SABA E.A.A./Sabatti Saba-Mon Double Shotgun E.M.F. Model 1878 SxS E.M.F. Stagecoach SxS Model ERA Quail SxS ERA Riot SxS ERA SxS Famars Boxlock Models Famars Castore Famars Sidelock Models Fausti Caledon Fausti Class Fausti Class Round Body Fausti DEA Series Shotguns Ferlib Mignon Hammer Model Ferlib Model F VII Double Shotgun FN Anson SxS Standard Grade FN New Anson SxS Standard Grade FN Sidelock Standard Grade Fox Higher Grade Models (A–F) Fox Sterlingworth Series Franchi Airone Franchi Astore Series Franchi Destino Franchi Highlander Franchi Sidelock Double Barrel Francotte Boxlock Shotgun Francotte Jubilee Model Francotte Sidelock Shotgun Galef Silver Hawk SxS Galef Zabala SxS Garbi Model 100 Garbi Model 101 Side-by-Side Garbi Model 103A, B Side-by-Side Garbi Model 200 Side-by-Side Gastinne Model 105 Gastinne Model 202 Gastinne Model 353 Gastinne Model 98 Gib 10 Gauge Magnum Gil Alhambra Gil Diamond Gil Laga Gil Olimpia Greener Sidelock SxS Shotguns Griffin & Howe Britte Griffin & Howe Continental Sidelock Griffin & Howe Round Body Game Gun Griffin & Howe Traditional Game Gun Grulla 217 Series Grulla 219 Series Grulla Consort Grulla Model 209 Holland Grulla Model 215 Grulla Model 216 Series Grulla Number 1 Grulla Royal Grulla Super MH Grulla Supreme Grulla Windsor H&R Anson & Deeley SxS H&R Model 404 H&R Small Bore SxS Hammer Gun Hatfield Uplander Shotgun Henry Atkin Boxlock Model Henry Atkin Sidelock Model Holland & Holland Cavalier Boxlock Holland & Holland Dominion Game Gun Holland & Holland Northwood Boxlock Holland & Holland Round Action Sidelock Holland & Holland Round Action Sidelock Paradox Holland & Holland Royal Hammerless Ejector Sidelock Holland & Holland Sidelock Shotguns Holloway Premier Sidelock SxS Model Hopkins & Allen Boxlock and Sidelock Models Huglu SxS Shotguns Husqvarna SxS Shotguns IGA Deluxe Model IGA Turkey Series Model Interstate Arms Model 99 Coach Gun Ithaca Classic Doubles Series Shotguns Ithaca Hammerless Series Iver Johnson Hammerless Model Shotguns Jeffery Boxlock Shotguns Jeffery Sidelock Shotguns K.B.I. Grade II SxS Khan Coach Gun Kimber Valier Series Krieghoff Essencia Boxlock Krieghoff Essencia Sidelock Lanber Imperial Sidelock Laurona Boxlock Models Laurona Sidelock Models Lefever Grade A Field Model Lefever Grade A Skeet Model Lefever New Lefever Model Lefever Nitro Special Lefever Sideplate Models Leforgeron Boxlock Ejector Leforgeron Sidelock Ejector Liberty Coach Gun Series MacNaughton Sidelock Model Malin Boxlock Model Malin Sidelock Model Masquelier Boxlock Model Masquelier Sidelock Model Medwell SxS Sidelock Merkel Model 8, 47E Side-by-Side Shotguns Merkel Model 47LSC Sporting Clays Double Merkel Model 47S, 147S Side-by-Sides Merkel Model 76E Merkel Model 122E Merkel Model 126E Merkel Model 280 Series Merkel Model 360 Series Merkel Model 447SL Merkel Model 1620 Series Merkel Model 1622 Series Mossberg Onyx Reserve Sporting Mossberg Silver Reserve Field Navy Arms Model 100 Navy Arms Model 150 Orvis Custom Uplander Orvis Field Grade Orvis Fine Grade Orvis Rounded Action Orvis Waterfowler Parker Fluid Steel Barrel Models (All Grades) Parker Reproductions Side-by-Side Pederson Model 200 Pederson Model 2500 Perazzi DHO Models Perugini Ausonia Perugini Classic Model Perugini Liberty Perugini Regina Model Perugini Romagna Gun Piotti Hammer Gun Piotti King Extra Side-by-Side Piotti King No. 1 Side-by-Side Piotti Lunik Side-by-Side Piotti Monaco Series Piotti Monte Carlo Piotti Piuma Side-by-Side Piotti Westlake Precision Sports Model 600 Series Doubles Premier Italian made SxS Shotguns Premier Spanish made SxS Shotguns Purdy Best Quality Game Gun Remington Model 1900 Hammerless Remington Model SPR210 Remington Model SPR220 Remington Model SPR220 Cowboy Remington Premier SxS Richland Arms Co. Italian made SxS Models Richland Arms Co. Spanish made SxS Models Rigby Boxlock Shotgun Rigby Hammer Shotgun Rizzini Boxlock Side-by-Side Rizzini Sidelock Side-by-Side Rossi Overlund Rossi Squire Rota Model 105 Rota Model 106 Rota Model 411 Series Royal American Model 600 Boxlock Royal American Model 800 Sidelock Ruger Gold Label SAE Model 209E SAE Model 210S SAE Model 340X Sarasqueta Hammerless Sidelock Sarasqueta Model 3 Boxlock Sauer Boxlock Model Shotguns Sauer Sidelock Model Shotguns Savage Fox Model FA–1 Savage Model 550 Scott Blenheim Scott Bowood Scott Chatsworth Scott Kinmount SIACE Italian made SxS Shotguns SKB Model 100 SKB Model 150 SKB Model 200 SKB Model 280 SKB Model 300 SKB Model 385 SKB Model 400 SKB Model 480 SKB Model 485 Smith & Wesson Elite Gold Series Grade I Smith & Wesson Elite Silver Grade I Smith, L.C. Boxlock Hammerless Shotguns Smith, L.C. Sidelock Hammerless Shotguns Spartan SPR Series Shotguns Stevens Model 311/315 Series Stoeger/IGA Uplander Side-by-Side Shotgun Taylor’s SxS Model Tri-Star Model 311 Tri-Star Model 411 Series Ugartechea 10-Ga. Magnum Shotgun Universal Double Wing SxS Vouzelaud Model 315 Series Walther Model WSF Walther Model WSFD Weatherby Atheana Weatherby D’Italia Series Weatherby Orion Westley Richards Best Quality Sidelock Westley Richards Boxlock Shotguns Westley Richards Connaught Model Westley Richards Hand Detachable Lock Model William Douglas Boxlock Winchester Model 21 Winchester Model 24 Zoli Alley Cleaner Zoli Classic Zoli Falcon II Zoli Model Quail Special Zoli Pheasant Zoli Silver Hawk Zoli Silver Snipe Shotguns—Bolt Actions & Single Shots ADCC Diamond Folding Model American Arms Single-Shot ARMSCOR 301A Armsport Single Barrel Shotgun Baikal MP18 Beretta 471 EL Silver Hawk Beretta 471 Silver Hawk Beretta Beta Single Barrel Beretta MKII Trap Beretta Model 412 Beretta Model FS Beretta TR–1 Beretta TR–1 Trap Beretta Vandalia Special Trap Browning BT–99 Competition Trap Special Browning BT–99 Plus Micro Browning BT–99 Plus Trap Gun Browning Micro Recoilless Trap Shotgun Browning Recoilless Trap Shotgun Crescent Single Shot Models CZ Cottontail Desert Industries Big Twenty Shotgun Fefever Long Range Field Frigon FS–4 Frigon FT–1 Frigon FT–C Gibbs Midland Stalker Greener General Purpose GP MKI/MKII H&R Survivor H&R Tracker Slug Model Harrington & Richardson N.W.T.F. Turkey Mag Harrington & Richardson Pardner Harrington & Richardson Pardner Compact Harrington & Richardson Pardner Compact Turkey Gun Harrington & Richardson Pardner Screw-In Choke Harrington & Richardson Pardner Turkey Gun Harrington & Richardson Pardner Turkey Gun Camo Harrington & Richardson Pardner Waterfowl Harrington & Richardson Tamer Harrington & Richardson Tamer 20 Harrington & Richardson Topper Classic Youth Shotgun Harrington & Richardson Topper Deluxe Classic Harrington & Richardson Topper Deluxe Model 098 Harrington & Richardson Topper Junior Harrington & Richardson Topper Model 098 Harrington & Richardson Topper Trap Gun Harrington & Richardson Tracker II Slug Gun Harrington & Richardson Ultra Slug Hunter Harrington & Richardson Ultra Slug Hunter Compact Harrington & Richardson Ultra Slug Hunter Deluxe Harrington & Richardson Ultra Slug Hunter Thumbhole Stock Harrington & Richardson Ultra-Lite Slug Hunter Hi-Standard 514 Model Holland & Holland Single Barrel Trap IGA Reuna Model IGA Single Barrel Classic Ithaca Model 66 Ithaca Single Barrel Trap Iver Johnson Champion Series Iver Johnson Commemorative Series Single Shot Shotgun Iver Johnson Excel Krieghoff K–80 Single Barrel Trap Gun Krieghoff KS–5 Special Krieghoff KS–5 Trap Gun Lefever Trap Gun Ljutic LTX Super Deluxe Mono Gun Ljutic Mono Gun Single Barrel Ljutic Recoilless Space Gun Shotgun Marlin Model 55 Goose Gun Bolt Action Marlin Model 60 Single Shot Marocchi Model 2000 Mossberg Models G–4, 70, 73, 73B Mossberg Models 75 Series Mossberg Models 80, 83, 83B, 83D Mossberg 173 Series Mossberg Model 183 Series Mossberg Model 185 Series Mossberg Model 190 Series Mossberg Model 195 Series Mossberg Model 385 Series Mossberg Model 390 Series Mossberg Model 395 Series Mossberg Model 595 Series Mossberg Model 695 Series New England Firearms N.W.T.F. Shotgun New England Firearms Standard Pardner New England Firearms Survival Gun New England Firearms Tracker Slug Gun New England Firearms Turkey and Goose Gun Parker Single Barrel Trap Models Perazzi TM1 Special Single Trap Remington 90–T Super Single Shotgun Remington Model No. 9 Remington Model 310 Skeet Remington Model No. 3 Rossi Circuit Judge Lever Action Shotgun Rossi Circuit Judge Shotgun Ruger Single Barrel Trap S.W.D. Terminator Savage Kimel Kamper Single Shot Savage Model 210F Slug Warrior Savage Model 212 Slug Gun Savage Model 220 Series Savage Model 220 Slug Gun SEITZ Single Barrel Trap SKB Century II Trap SKB Century Trap SKB Model 505 Trap SKB Model 605 Trap Smith, L.C. Single Barrel Trap Models Snake Charmer II Shotgun Stoeger/IGA Reuna Single Barrel Shotgun Tangfolio Model RSG–16 Tangfolio Blockcard Model Tangfolio Model DSG Tangfolio Model RSG–12 Series Tangfolio Model RSG–20 Tangfolio RSG-Tactical Taurus Circuit Judge Shotgun Thompson/Center Encore Shotgun Thompson/Center Pro Hunter Turkey Shotgun Thompson/Center TCR ’87 Hunter Shotgun Universal Firearms Model 7212 Single Barrel Trap Winchester Model 36 Single Shot Winchester Model 37 Single Shot Winchester Model 41 Bolt Action Winchester Model 9410 Series Zoli Apache Model Zoli Diano Series Zoli Loner Series . 513. Penalties Section 924(a)(1)(B) of title 18, United States Code, is amended by striking or (q) of section 922 and inserting (q), (r), (v), (w), or (aa) of section 922 . 514. Background checks for transfers of grandfathered semiautomatic assault weapons Section 922 of title 18, United States Code, as amended by section 512 of this Act, is amended by adding at the end the following: (bb) (1) Beginning on the date that is 90 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 , it shall be unlawful for any person who is not licensed under this chapter to transfer a grandfathered semiautomatic assault weapon to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken custody of the grandfathered semiautomatic assault weapon for the purpose of complying with subsection (s). Upon taking custody of the grandfathered semiautomatic assault weapon, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the grandfathered semiautomatic assault weapon from the licensee’s inventory to the unlicensed transferee. (2) Paragraph (1) shall not apply to a temporary transfer of possession for the purpose of participating in target shooting in a licensed target facility or established range if— (A) the grandfathered semiautomatic assault weapon is, at all times, kept within the premises of the target facility or range; and (B) the transferee is not known to be prohibited from possessing or receiving a grandfathered semiautomatic assault weapon. (3) For purposes of this subsection, the term transfer — (A) shall include a sale, gift, or loan; and (B) does not include temporary custody of the grandfathered semiautomatic assault weapon for purposes of examination or evaluation by a prospective transferee. (4) (A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. (B) Regulations promulgated under this paragraph— (i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and (ii) shall not include any provision imposing recordkeeping requirements on any unlicensed transferor or requiring licensees to facilitate transfers in accordance with paragraph (1). . 515. Use of Byrne grants for buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152(a)(1) ) is amended by adding at the end the following: (J) Compensation for surrendered semiautomatic assault weapons and large capacity ammunition feeding devices, as those terms are defined in section 921 of title 18, United States Code, under buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices. . 516. Ban on untraceable and undetectable firearms (a) Requirement that all firearms be traceable (1) Definitions Section 921(a) of title 18, United States Code, as amended by section 511 of this Act, is amended— (A) in paragraph (3)— (i) by inserting , including an unfinished frame or receiver after such weapon ; and (ii) by striking or (D) any destructive device and inserting ; (D) any destructive device; or (E) any combination of parts designed or intended for use in converting any device into a firearm and from which a firearm may be readily assembled ; (B) in paragraph (10), by adding at the end the following: The term manufacturing firearms includes assembling a functional firearm or molding, machining, or 3D printing a frame or receiver, and does not include making or fitting special barrels, stocks, or trigger mechanisms to firearms. ; and (C) by adding at the end the following: (54) The term frame or receiver — (A) means the part of a weapon that can provide the action or housing for the hammer, bolt, or breechblock and firing mechanism; (B) includes a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional firearm, and which is designed and intended to be used in the assembly of a functional firearm, unless the piece of material has had— (i) its size or external shape altered solely to facilitate transportation or storage; or (ii) solely its chemical composition altered. (55) The term ghost gun — (A) means a firearm, including a frame or receiver, that lacks a unique serial number engraved or cast in metal or metal alloy on the frame or receiver by a licensed manufacturer or importer in accordance with this chapter; and (B) does not include— (i) a firearm that has been rendered permanently inoperable; (ii) a firearm identified by means of a unique serial number assigned by a State agency and engraved or cast on the receiver or frame of the weapon before the effective date of the Gun Violence Prevention and Community Safety Act of 2022 in accordance with a State law; (iii) a firearm manufactured or imported before December 16, 1968; or (iv) a firearm identified as provided for under section 5842 of the Internal Revenue Code of 1986. . (2) Prohibition; requirements Section 922 of title 18, United States Code, as amended by section 514 of this Act, is amended by adding at the end the following: (cc) Untraceable firearms (1) Manufacture, sale, offer to sell, transfer, purchase, or receipt of ghost guns (A) In general Except as provided in subparagraph (B), it shall be unlawful for any person to manufacture, sell, offer to sell, transfer, purchase, or receive a ghost gun in or affecting interstate or foreign commerce. (B) Exceptions Subparagraph (A) shall not apply to— (i) the manufacture of a firearm by a licensed manufacturer if the licensed manufacturer complies with section 923(i) before selling or transferring the firearm to another person; (ii) the offer to sell, sale, or transfer of a firearm to, or purchase or receipt of a firearm by, a licensed manufacturer or importer before the date that is 30 months after the date of enactment of this subsection; or (iii) a transaction between a licensed manufacturer and a licensed importer on any date. (2) Possession of ghost gun with intent to sell, transfer, or manufacture Beginning on the date that is 30 months after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 , it shall be unlawful for any person other than a licensed manufacturer or importer to possess a ghost gun in or affecting interstate or foreign commerce with the intent to— (A) sell or transfer the ghost gun with or without further manufacturing; or (B) manufacture a firearm with the ghost gun. . (3) Requirements (A) Removal of serial numbers Section 922(k) of title 18, United States Code, is amended— (i) by striking importer's or manufacturer's each place the term appears; and (ii) by inserting required under this chapter or State law before removed each place the term appears. (B) Licensed importers and manufacturers Section 923(i) of title 18, United States Code, as amended by section 512 of this Act, is amended— (i) by inserting (1)(A) after (i) ; and (ii) by adding at the end the following: (B) The serial number required under subparagraph (A) shall be engraved or cast in metal or metal alloy and sufficient to identify the firearm and the manufacturer or importer that put the serial number on the firearm. (2) (A) Not later than 180 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 , the Attorney General shall prescribe regulations for engraving a unique serial number onto a ghost gun. (B) The regulations prescribed under subparagraph (A) shall— (i) allow an owner of a firearm described in that subparagraph to have a unique serial number engraved on the firearm by a licensed manufacturer or importer; and (ii) require that a serial number be engraved on the frame or receiver in a manner sufficient to identify the firearm and the manufacturer or importer that put the serial number on the firearm. (C) The regulations authorized under this paragraph shall expire on the date that is 30 months after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 . . (4) Penalties Section 924 of title 18, United States Code, as amended by this Act, is amended— (A) in subsection (a)(1)(B), by striking or (aa) and inserting (aa), or (cc) ; (B) in subsection (c)— (i) in paragraph (1)— (I) in subparagraph (A), in the matter preceding clause (i), by inserting functional before firearm each place it appears; (II) in subparagraph (B), in the matter preceding clause (i), by inserting functional before firearm ; and (III) in subparagraph (D)(ii), by inserting functional before firearm ; and (ii) in paragraph (4), by striking all or part of the firearm and all that follows through person. and inserting the following: all or part of the functional firearm, or otherwise make the presence of the functional firearm known to another person, in order to intimidate that person, regardless of whether the functional firearm is directly visible to that person. ; (C) in subsection (d)(1), as amended by section 512 of this Act, by striking or (w) and inserting (w), or (bb) ; and (D) in subsection (e)(1), by inserting through the possession of a functional firearm before and has three . (b) Modernization of the prohibition on undetectable firearms Section 922(p) of title 18, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking any firearm ; (2) in paragraph (1)— (A) by striking subparagraph (A) and inserting the following: (A) an undetectable firearm; or ; and (B) in subparagraph (B), by striking any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate and inserting the following: a major component of a firearm which, if subjected to inspection by the types of detection devices commonly used at airports for security screening, would not generate ; (3) by striking paragraph (2) and inserting the following: (2) For purposes of this subsection— (A) the term detectable material means any material that creates a magnetic field equivalent to or more than 3.7 ounces of 17–4 pH stainless steel; (B) the term major component , with respect to a firearm— (i) means the slide or cylinder or the frame or receiver of the firearm; and (ii) in the case of a rifle or shotgun, includes the barrel of the firearm; and (C) the term undetectable firearm means a firearm, as defined in section 921(a)(3)(A), of which no major component is wholly made of detectable material; ; (4) in paragraph (3)— (A) in the first sentence, by inserting , including a prototype, after of a firearm ; and (B) by striking the second sentence; and (5) in paragraph (5), by striking shall not apply to any firearm which and all that follows and inserting the following: “shall not apply to— (A) any firearm received by, in the possession of, or under the control of the United States; or (B) the manufacture, importation, possession, transfer, receipt, shipment, or delivery of a firearm by a licensed manufacturer or licensed importer pursuant to a contract with the United States. . 517. Prohibition on possession of certain firearm accessories Chapter 44 of title 18, United States Code, is amended— (1) in section 922, as amended by section 516 of this Act, by adding at the end the following: (dd) (1) Except as provided in paragraph (2), on and after the date that is 90 days after the date of enactment of this subsection, it shall be unlawful for any person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is designed or functions to materially accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun. (2) This subsection does not apply with respect to the importation for, manufacture for, sale to, transfer to, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof. ; and (2) in section 924(a)(2), by striking , or (o) and inserting (o), or (dd) . B Firearm silencers and mufflers ban 521. Definition Section 921(a)(3) of title 18, United States Code, is amended by striking (C) any firearm muffler or firearm silencer; or (D) and inserting or (C) . 522. Restrictions on firearm silencers and firearm mufflers (a) In general Section 922 of title 18, United States Code, as amended by section 517 of this Act, is amended by adding at the end the following: (ee) (1) Except as provided in paragraph (2), it shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a firearm silencer or firearm muffler. (2) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); (B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on site for such purposes or off site for purposes of licensee-authorized training or transportation of nuclear materials; or (C) the importation for, manufacture for, sale to, transfer to, or possession by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. (3) For purposes of paragraph (2)(A), the term campus law enforcement officer means an individual who is— (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. . (b) Seizure and forfeiture of firearm silencers and firearm mufflers Section 924(d) of title 18, United States Code, is amended— (1) in paragraph (1), as amended by section 516 of this Act, by striking or (bb) and inserting (bb), or (ee) ; and (2) in paragraph (3)(E), as amended by section 512 of this Act, by inserting 922(cc), after 922(w), . 523. Penalties Section 924(a)(1)(B) of title 18, United States Code, as amended by section 516 of this Act, is amended by striking or (cc) and inserting (cc), or (ee) . 524. Effective date The amendments made by this subtitle shall take effect on the date that is 90 days after the date of enactment of this Act. VI Firearm trafficking 601. Prohibition against multiple firearm sales or purchases (a) Prohibition Section 922 of title 18, United States Code, as amended by section 522 of this Act, is amended by adding at the end the following: (ff) Prohibition against multiple firearm sales or purchases (1) Sale It shall be unlawful to sell, transfer, or otherwise dispose of a firearm, in or affecting interstate or foreign commerce, to any person who is not licensed under section 923 knowing or having reasonable cause to believe that such person purchased a firearm during the 30-day period ending on the date of such sale or disposition. (2) Purchase It shall be unlawful for any person who is not licensed under section 923 to purchase more than 1 firearm that has been shipped or transported in interstate or foreign commerce during any 30-day period. (3) Exceptions Paragraphs (1) and (2) shall not apply to— (A) a lawful exchange of 1 firearm for 1 firearm; (B) the transfer to or purchase by the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a firearm; (C) the transfer to or purchase by a law enforcement officer employed by an entity referred to in subparagraph (B) of a firearm for law enforcement purposes (whether on or off duty); (D) the transfer to or purchase by a campus law enforcement officer of a firearm for law enforcement purposes (whether on or off duty); (E) the transfer to or purchase by a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a firearm for law enforcement purposes (whether on or off duty); or (F) the transfer or purchase of a firearm listed as a curio or relic by the Attorney General pursuant to section 921(a)(13). (4) Definition For purposes of paragraph (3)(D), the term campus law enforcement officer means an individual who is— (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. . (b) Penalties Section 924(a)(2) of title 18, United States Code, as amended by section 517 of this Act, is amended by striking or (dd) and inserting (dd), or (ff) . (c) Conforming amendments Chapter 44 of title 18, United States Code, is amended— (1) in section 922(s), as so redesignated by section 201 of this Act— (A) in paragraph (1)— (i) in subparagraph (B)(ii), by striking (g) or (n) and inserting (g), (n), or (ee)(2) ; and (ii) in subparagraph (C)(iii)(II), by striking (g) or (n) and inserting (g), (n), or (ee)(2) ; (B) in paragraph (2), by striking (g), or (n) and inserting (g), (n), or (ee)(2) ; (C) in paragraph (4), by striking (g), or (n) and inserting (g), (n), or (ee)(2) ; and (D) in paragraph (5), by striking (g), or (n) and inserting (g), (n), or (ee)(2) ; and (2) in section 925A, by striking (g) or (n) and inserting (g), (n), or (ee)(2) . (d) Eliminate multiple sales reporting requirement Section 923(g) of title 18, United States Code, is amended by striking paragraph (3). (e) Authority To issue rules and regulations The Attorney General shall prescribe any rules and regulations as are necessary to ensure that the national instant criminal background check system is able to identify whether receipt of a firearm by a prospective transferee would violate section 922(ff) of title 18, United States Code, as added by this section. 602. Increased penalties for making knowingly false statements in connection with firearms Section 924(a)(3) of title 18, United States Code, is amended in the matter following subparagraph (B) by striking one year and inserting 5 years . 603. Retention of records Section 922(s)(2) of title 18, United States Code, as so redesignated by section 201 of this Act, is amended— (1) in subparagraph (B), by striking ; and and inserting a period; and (2) by striking subparagraph (C). 604. Revised definition Section 921(a)(21)(C) of title 18, United States Code, is amended by inserting , except that such term shall include any person who transfers more than 1 firearm in any 30-day period to a person who is not a licensed dealer before the semicolon. 605. Firearms trafficking Section 933 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by striking or at the end; and (B) by striking paragraph (3) and inserting the following: (3) make a statement to a licensed importer, licensed manufacturer, licensed collector, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of a firearm that has moved in or affected interstate or foreign commerce that— (A) is material to— (i) the identity of the actual buyer of the firearm; or (ii) the intended trafficking of the firearm; and (B) the person knows or has reasonable cause to believe is false; or (4) attempt or conspire to commit, or direct, promote, or facilitate, conduct specified in paragraph (1), (2), or (3). ; and (2) in subsection (b)— (A) by striking Any and inserting the following: (1) In general Any ; and (B) by adding at the end the following: (2) Organizer enhancement If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, such person may be sentenced to an additional term of imprisonment of not more than 5 consecutive years. ; and (3) by adding at the end the following: (c) Definition In this section, the term actual buyer means the individual for whom a firearm is being purchased, received, or acquired. . VII Dealer reform 701. Gun shop security measures (a) Regulations (1) In general Section 926 of title 18, United States Code, is amended by adding at the end the following: (d) Not later than 1 year after the date of enactment of this subsection, the Attorney General shall prescribe such regulations as are necessary to ensure that any premises at which a licensed dealer deals in firearms are secure from theft, which shall include requiring— (1) compliance with the security plan submitted by the licensed dealer pursuant to section 923(d)(1)(G); (2) the use of functional locked metal cabinets and fireproof safes; (3) functional security systems, video monitoring, and anti-theft alarms; (4) functional security gates, strong locks, and site hardening; and (5) functional concrete bollards and other access controls, if necessary. . (2) Transition rule The regulations prescribed under section 926(d)(1) of title 18, United States Code, shall not apply to a person who, on the date of enactment of this Act, is a licensed dealer, as defined in section 921(a)(11) of title 18, United States Code, until the earlier of— (A) the date the person complies with subsection (b)(2) of this section; or (B) the end of the 1-year period that begins with the date regulations are prescribed under section 926(d) of title 18, United States Code. (b) Security plan submission requirement and other requirements (1) In general Section 923(d)(1) of title 18, United States Code, is amended by striking subparagraph (G) and inserting the following: (G) in the case of an application to be licensed as a dealer, the applicant certifies that— (i) the applicant has a permanent place of business; (ii) the applicant only hires individuals 21 years of age or older as employees; (iii) the applicant will not allow any employee to handle firearms until the employee has successfully undergone a background check in accordance with section 923(g)(10); and (iv) secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (subject to the exception that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement under this subparagraph to make available such a device) and include with the certification— (I) a description of how the applicant will secure, in accordance with the regulations issued under section 926(d), the premises from which the applicant will conduct business under the license (including in the event of a natural disaster or other emergency); and (II) a certification that the applicant, if issued such a license, the applicant will comply with the certification made under this subparagraph. . (2) Transition rule A person who, on the date of enactment of this Act, is a licensed dealer (as defined in section 921(a)(11) of title 18, United States Code) and whose license to deal in firearms, issued under chapter 44 of title 18, will not expire before the end of the 1-year period beginning on the date on which regulations are prescribed under section 926(d) of title 18, United States Code, shall submit to the Attorney General a plan of the type described in section 923(d)(1)(G) of title 18, United States Code, not later than the end of that 1-year period. Any plan so submitted shall be considered to be submitted pursuant to section 923(d)(1)(G) of title 18, United States Code, for purposes of sections 923(g)(6)(B) and 926(d) of title 18, United States Code. (c) Annual security plan compliance certification requirement (1) In general Section 923 of title 18, United States Code, is amended by adding at the end the following: (m) (1) Each licensed dealer shall annually certify to the Attorney General that each premises from which the licensed dealer conducts business subject to license under this chapter is in compliance with the regulations prescribed under section 926(d), and include with the certification the results of a reconciliation of the firearms inventory of the licensed dealer with the firearms inventory at the time of the most recent prior certification (if any) under this paragraph, including a report of any missing firearms. (2) With respect to a violation of paragraph (1), the Attorney General may, after notice and opportunity for a hearing— (A) suspend, until the violation is corrected, the license issued to the licensee under this chapter that was used to conduct the firearms transfer; and (B) impose a civil money penalty of not more than $5,000 on a licensed dealer who fails to comply with paragraph (1). . (2) Transition rule The amendment made by paragraph (1) of this subsection shall not apply to a person who, on the date of enactment of this Act, is a licensed dealer (as defined in section 921(a)(11) of title 18, United States Code), until the end of the 1-year period that begins with the date the person complies with subsection (b)(2) of this section. (d) Effective date The amendments made by this section shall take effect 1 year after the date of enactment of this Act. 702. Inspections (a) Elimination of limit on annual inspections of licensees Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended— (1) by striking the em dash and all that follows through (II) ; and (2) by striking licensee. and inserting licensee . (b) Mandated annual inspections of high-Risk licensed dealers, triennial inspections of other licensed dealers Section 923(g)(1) of title 18, United States Code, is amended by adding at the end the following: (E) (i) The Attorney General shall, without such reasonable cause or warrant— (I) annually inspect or examine the inventory, records, and business premises of each licensed dealer whom the Attorney General determines is a high-risk dealer (based on the considerations used to do so as of the date of the enactment of this sentence); and (II) triennially inspect or examine the inventory, records, and business premises of any other licensed dealer that the Attorney General determines is not a high-risk dealer. (ii) Not later than 180 days after the date of an inspection under this subparagraph reveals a violation of this section or any regulation prescribed under this chapter, the Attorney General shall conduct an inspection to determine whether such violation has been cured. . (c) Authority To hire additional Industry Operation Investigators for ATF (1) In general The Attorney General may hire 650 industry operation investigators for the Bureau of Alcohol, Tobacco, Firearms and Explosives, in addition to any personnel needed to carry out this title and the amendments made by this title. (2) Authorization of appropriations There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out paragraph (1). 703. Employee background checks (a) Background check required before firearm possession by dealer employee Section 923(g) of title 18, United States Code, as amended by section 710 of this Act, is amended by adding at the end the following: (10) A licensed dealer may not allow an employee of the licensed dealer to possess a firearm at a premises from which the licensed dealer conducts business subject to license under this chapter unless— (A) the licensed dealer has contacted the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ) for information about whether it would be unlawful for the individual to receive a firearm; and (B) the system has notified the licensee that the information available to the system does not demonstrate that the receipt of a firearm by the individual would violate subsection (g) or (n) of section 922 or State law. . (b) Background checks required before issuance or renewal of dealer license Section 923(c) of title 18, United States Code, is amended by inserting after the first sentence the following: Notwithstanding the preceding sentence, the Attorney General may not issue or renew a license to deal in firearms unless the Attorney General has contacted the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ) for information about whether it would be unlawful for any employee of the applicant for the license or renewal, identified by the applicant as having the responsibility to receive a firearm, for information about whether it would be unlawful for the employee to receive a firearm, and the system has notified the Attorney General that the information available to the system does not demonstrate that the receipt of a firearm by the employee would violate subsection (g) or (n) of section 922 or the law of the State in which the business premises of the applicant subject to the license is located. . (c) Effective date The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. 704. Gun store thefts Section 923(g)(6) of title 18, United States Code, is amended— (1) by inserting (A) after (6) ; and (2) by adding at the end the following: (B) (i) Not later than 30 days after the date on which the Attorney General receives a report from a licensed dealer pursuant to subparagraph (A) of this paragraph of the theft of a firearm, the Attorney General shall conduct an independent inspection of the security of the premises at which the theft occurred, which may include an inspection of the measures taken to implement the security plan submitted by the licensed dealer pursuant to subsection (d)(1)(G). (ii) On completion of the security inspection, the Attorney General shall provide the licensed dealer with— (I) a notice of any violation by the licensed dealer of any security requirements prescribed under section 926(d); and (II) recommendations for improving security of the premises involved. (iii) Not later than 180 days after the date on which the Attorney General conducts an investigation under this subparagraph that reveals a violation of any security requirement prescribed under section 926(d), the Attorney General shall conduct another investigation to determine whether the violation has been cured. . 705. Civil enforcement Section 923 of title 18, United States Code, as amended by section 701(c)(1) of this Act, is amended by adding at the end the following: (n) In the case of a licensed dealer who the Attorney General has found to be in violation of a regulation prescribed under this chapter, to not have implemented a corrective action required by the Attorney General at the completion of a security inspection conducted under subsection (g)(6)(B)(i) of this section within 30 days after the date of the inspection, or to be in violation of subsection (g)(8) of this section— (1) the Attorney General shall— (A) if the violation is not a result of gross negligence by the licensed dealer— (i) in the case of the first such violation of the law or regulation by the licensed dealer, if not preceded by a violation to which subparagraph (B) applies, transmit to the licensed dealer a written notice specifying the violation, which shall include a copy of the provision of law or regulation violated and a plan for how to cure the violation; (ii) in the case of the second such violation by the licensed dealer, if not preceded by a violation to which subparagraph (B) applies, impose a civil money penalty in an amount that is not less than $2,500 and not more than $20,000; (iii) in the case of the third such violation by the licensed dealer, if not preceded by a violation to which subparagraph (B) applies, suspend the license to deal in firearms issued to the licensed dealer under this chapter until the violation ceases; (iv) in the case of the fourth such violation by the licensed dealer, whether or not preceded by a violation to which subparagraph (B) applies, revoke that license; or (v) in the case of any such violation by the licensed dealer, if preceded by a violation to which subparagraph (B) applies, apply the penalty authorized under this subsection that is 1 level greater in severity than the level of severity of the penalty most recently applied to the licensed dealer under this subsection; or (B) if the violation is a result of such gross negligence— (i) in the case of the first such violation by the licensed dealer, impose a civil money penalty in an amount that is not less than $2,500 and not more than $20,000; (ii) in the case of the second such violation by the licensed dealer— (I) impose a civil money penalty in an amount equal to $20,000; (II) suspend the license to deal in firearms issued to the licensed dealer under this chapter until the violation ceases; or (III) revoke that license; or (iii) in the case of the third or subsequent such violation by the licensed dealer, apply the penalty authorized under this subsection that is 1 or 2 levels greater in severity than the level of severity of the penalty most recently applied to the licensed dealer under this subsection; and (2) in the case of any such violation, if the Attorney General finds that the nature of the violation indicates that the continued operation of a firearms business by the licensed dealer presents an imminent risk to public safety, the Attorney General shall, notwithstanding paragraph (1), immediately suspend the license to deal in firearms issued to the licensed dealer under this chapter and secure the firearms inventory of the licensed dealer, until the violation ceases. . 706. No effect on State laws governing dealing in firearms Nothing in this title shall be interpreted to preclude a State from imposing or enforcing any requirement relating to dealing in firearms (as defined in section 921(a)(3) of title 18, United States Code). 707. Lost and stolen reporting requirement (a) In general Section 922 of title 18, United States Code, as amended by section 601 of this Act, is amended by adding at the end the following: (gg) The owner of a firearm shall report the theft or loss of the firearm, not later than 48 hours after the owner becomes aware of the theft or loss, to the Attorney General and to the appropriate local authorities. . (b) Civil penalty Section 924 of title 18, United States Code, is amended by adding at the end the following: (q) Whoever violates section 922(gg) shall be fined not more than $1,000 in a civil proceeding. . 708. Report on implementation Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a written report on the implementation of this title and the amendments made by this title, including any remaining steps that are necessary to complete the implementation, which shall also identify any additional resources that are required to conduct regular inspections and to ensure that this title and the amendments made by this title are enforced against noncompliant firearm dealers in a timely manner. 709. Hearing (a) In general The Committee on the Judiciary of the Senate shall hold a hearing on the report submitted by the Attorney General under section 708. (b) Exercise of rulemaking authority Subsection (a) is enacted— (1) as an exercise of the rulemaking power of the Senate, and, as such, shall be considered as part of the rules of the Senate, and such rules shall supersede any other rule of the Senate only to the extent they are inconsistent with such other rule; and (2) with full recognition of the constitutional right of the Senate to change such rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate. 710. Enhanced record keeping requirements Section 923(g) of title 18, United States Code, is amended by adding at the end the following: (8) (A) Each licensed dealer, manufacturer, and importer shall maintain a record of each sale or other transfer of a firearm or ammunition. (B) The record required to be maintained under subparagraph (A) shall include— (i) the full name, gender, residence, and occupation of the transferee; (ii) a complete description of the firearm, including the make, serial number, and type, if applicable; (iii) the type of transfer, such as whether the firearm was sold, rented, or leased; (iv) the date of transfer; and (v) the firearm license number of the transferee issued in accordance with section 932. (C) Each record required to be maintained under subparagraph (A) shall be maintained indefinitely and shall, not later than 5 business days after the sale or other transfer, be submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives. (9) Not later than 2 years after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 , the Attorney General, acting through the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, shall establish and maintain an electronic database for the receipt and storing of all records created by licensed dealers under paragraph (8). . 711. Deadline for issuance of final regulations (a) In general Not later than 1 year after the date of enactment of this Act, the Attorney General shall prescribe, in final form, all regulations required to carry out this title and the amendments made by this title. (b) Restrictions on regulations not applicable The matter following paragraph (3) of section 926(a) of title 18, United States Code, shall not apply to any regulations prescribed under subsection (a) of this section. 712. Repeal (a) Consolidated Appropriations Resolution, 2003 Section 644 of title VI of division J of the Consolidated Appropriations Resolution, 2003 ( 5 U.S.C. 552 note) is amended by striking or any other Act with respect to any fiscal year . (b) Consolidated Appropriations Act, 2005 Title I of division B of the Consolidated Appropriations Act, 2005 ( Public Law 108–447 ; 118 Stat. 2859) is amended in the matter under the heading Salaries and expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives under the heading Department of Justice in the 6th proviso by striking with respect to any fiscal year . (c) Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 Title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( Public Law 109–108 ; 119 Stat. 2295) is amended in the matter under the heading Salaries and expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives under the heading Department of Justice in the sixth proviso by striking with respect to any fiscal year . (d) Consolidated Appropriations Act, 2008 Title II of division B of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ; 121 Stat. 1903) is amended in the matter under the heading Salaries and expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives under the heading Department of Justice in the sixth proviso by striking beginning in fiscal year 2008 and thereafter and inserting in fiscal year 2008 . (e) Omnibus Appropriations Act, 2009 Title II of division B of the Omnibus Appropriations Act, 2009 ( Public Law 111–8 ; 123 Stat. 574) is amended in the matter under the heading Salaries and expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives under the heading Department of Justice in the sixth proviso by striking beginning in fiscal year 2009 and thereafter and inserting in fiscal year 2009 . (f) Consolidated Appropriations Act, 2010 Title II of division B of the Omnibus Appropriations Act, 2009 ( Public Law 111–117 ; 123 Stat. 3128) is amended in the matter under the heading Salaries and expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives under the heading Department of Justice in the sixth proviso, by striking beginning in fiscal year 2010 and thereafter and inserting in fiscal year 2010 . (g) Consolidated and Further Continuing Appropriations Act, 2012 Division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( Public Law 112–55 ; 125 Stat. 552) is amended— (1) in title II, in the matter under the heading Salaries and expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives under the heading Department of Justice , by striking— (A) the first proviso; (B) the sixth proviso; and (C) the eighth proviso; and (2) in section 511— (A) by striking used for— and all that follows through (1) the implementation and inserting used for the implementation ; and (B) by striking United States Code; and and all that follows and inserting United States Code. . (h) Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 (division B of Public Law 113–6 ; 127 Stat. 198) is amended in title II, in the matter under the heading Salaries and expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives under the heading Department of Justice by striking— (1) the first proviso; (2) the fifth proviso; and (3) the sixth proviso. (i) Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019 The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019 (division C of Public Law 116–6 ; 133 Stat. 91) is amended in title V by striking— (1) section 517; and (2) section 531. (j) Consolidated Appropriations Act, 2020 The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2020 (division B of Public Law 116–93 ; 133 Stat. 2385) is amended in title V by striking— (1) section 538; and (2) section 539. (k) Consolidated Appropriations Act, 2022 The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2022 (division B of Public Law 117–103 ; 136 Stat. 101) is amended in title V by striking— (1) section 536; and (2) section 537. VIII Industry reform 801. Repeal Sections 2, 3, and 4 of the Protection of Lawful Commerce in Arms Act ( 15 U.S.C. 7901 , 7902, 7903) are repealed. 802. Repeal of exclusion of pistols, revolvers, and other firearms from consumer product safety laws (a) Amending the definition of consumer product Section 3(a)(5) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a)(5) ) is amended— (1) by striking subparagraph (E); (2) by redesignating subparagraphs (F) through (I) as subparagraphs (E) through (H), respectively; and (3) in the matter following subparagraph (H) (as redesignated by paragraph (2)), by striking described in subparagraph (E) of this paragraph or . (b) Removing prohibition of rulemaking authority Subsection (e) of section 3 of the Consumer Product Safety Commission Improvements Act of 1976 ( 15 U.S.C. 2080 note) is repealed. 803. Increase in excise taxes relating to firearms (a) In general Section 4181 of the Internal Revenue Code of 1986 is amended to read as follows: 4181. Imposition of tax There is hereby imposed upon the sale by the manufacturer, producer, or importer of the following articles a tax equivalent to the specified percent of the price for which so sold: (1) Articles taxable at 30 percent: (A) Pistols. (B) Revolvers. (C) Firearms (other than pistols and revolvers). (D) Any lower frame or receiver for a firearm, whether for a semiautomatic pistol, rifle, or shotgun that is designed to accommodate interchangeable upper receivers. (2) Articles taxable at 50 percent: Shells and cartridges. . (b) Exemption for United States Subsection (b) of section 4182 of the Internal Revenue Code of 1986 is amended to read as follows: (b) Sales to United States No firearms, pistols, revolvers, lower frame or receiver for a firearm, shells, and cartridges purchased with funds appropriated for any department, agency, or instrumentality of the United States shall be subject to any tax imposed on the sale or transfer of such articles. . (c) Effective date The amendments made by this section shall apply with respect to sales made during any fiscal year beginning after the date of enactment of this Act. (d) Use of increased taxes (1) Use for gun violence prevention and research An amount equal to 39 percent of revenues accruing from any tax imposed on shells and cartridges by section 4181 of the Internal Revenue Code of 1986, shall, subject to the exemptions in section 4182 of such Code, be covered into the Community Violence Intervention Fund in the Treasury (hereinafter referred to as the Fund ) and is authorized to be appropriated and made available until expended to carry out the purposes of paragraph (2). (2) Programs for gun violence prevention and research Amounts in the Fund established under paragraph (1) shall be used by the Secretary of Health and Human Services to carry out the program established under section 399V–7 of the Public Health Service Act (as added by section 901 of this Act). (3) Conforming amendment (A) In general Section 3(a)(1) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669b(a)(1) ) is amended by inserting (other than 39 percent of the revenues accruing from the taxes imposed on shells and cartridges by section 4181 of such Code) after Internal Revenue Code of 1986 . (B) Effective date The amendment made by this paragraph shall apply with respect to sales made during any fiscal year beginning after the date of enactment of this Act. IX Research and community violence intervention program 901. Community violence intervention grant program Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–7. Community violence intervention grant program (a) In general The Secretary shall award grants to eligible entities to support community violence intervention programs, with an emphasis on evidence-informed intervention strategies to reduce homicides, shootings, and group-related violence. (b) Eligible entities (1) In general To be eligible for a grant under this section, an entity shall— (A) be a local governmental entity, a hospital, or a nonprofit, community-based organization; and (B) submit an application at such time, but not more frequently than biennially, in such manner, and containing such information as the Secretary may require, including— (i) clearly defined and measurable objectives for the grant; (ii) a statement describing how the applicant proposes to use the grant to implement an evidence-informed violence reduction initiative in accordance with this section; (iii) evidence indicating that the proposed violence reduction initiative would likely reduce the incidence of homicides, shootings, and group-related violence; and (iv) any other information the Secretary may require. (2) Required distribution Each local governmental entity that receives a grant shall distribute not less than 50 percent of the grant funds to one or more of any of the following types of entities: (A) A community-based organization. (B) A nonprofit organization. (C) A public agency or department, other than a law enforcement agency or department, that is primarily dedicated to community safety or violence prevention. (c) Program activities A program supported by a grant under this section— (1) shall focus on interrupting cycles of violence by focusing intervention resources on the individuals identified as being at highest risk for being victims or perpetrators of community violence in the near future; and (2) shall be used to support, expand, and replicate evidence-informed violence reduction initiatives, including— (A) hospital-based violence intervention programs; (B) evidence-informed street outreach programs; (C) focused deterrence strategies; (D) conflict mediation; (E) delivery of needs-based support services for high-risk individuals and their family members; and (F) providing intensive case management, counseling or peer support services that reduce individuals’ risk of being victimized by, or perpetrating, violence and that seek to interrupt cycles of violence and retaliation in order to reduce the incidence of homicides, shootings, and group-related violence. (d) Priority In awarding grants under this section, the Secretary shall give priority to programs operating in— (1) the 127 municipalities that have had the highest annual per capita homicide rates as measured over the most recent 5 years (among municipalities meeting certain population thresholds, as specified by the Secretary); and (2) other municipalities with substantial recent increases in homicide rates, based on homicide data reported to the Federal Bureau of Investigation, or as otherwise specified by the Secretary. (e) Grant recipient reports Each recipient of a grant under this section shall submit a biennial performance report to the Secretary detailing how such grant funds were used and the progress made towards addressing violence in the community during the applicable funding period under the grant. (f) Reports to Congress Not later than 2 years after the date on which the program under this section commences, and every 2 years thereafter, the Secretary shall submit a report to Congress detailing how funds appropriated for the grant program under this section were used and recommendations for improvement of the program. (g) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section $120,000,000 for each fiscal year. . 902. Funding for research on firearms safety or gun violence prevention (a) Department of Justice (1) In general There are authorized to be appropriated to the Attorney General $60,000,000 for each fiscal year for the purpose of conducting or supporting research on firearms safety or gun violence prevention. The amount authorized to be appropriated by the preceding sentence is in addition to any other amounts authorized to be appropriated for such purpose. (2) Reports to Congress Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Attorney General shall submit a report to Congress detailing how the funds authorized to be appropriated under this section were used. (b) Department of Health and Human Services (1) In general There are authorized to be appropriated to the Secretary of Health and Human Services $60,000,000 for each fiscal year for the purpose of conducting or supporting research on firearms safety or gun violence prevention, including conducting evaluations of the community violence intervention grant program authorized under section 399V–7 of the Public Health Service Act (as added by section 901 of this Act). The amount authorized to be appropriated by the preceding sentence is in addition to any other amounts authorized to be appropriated for such purpose. (2) Reports to Congress Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress detailing how the funds authorized to be appropriated under this section were used. X Miscellaneous 1001. Registration (a) In general Section 922(v)(2) of title 18, United States Code, as added by section 512 of this Act, is amended— (1) by striking weapon otherwise lawfully and inserting the following: “weapon— (A) otherwise lawfully ; (2) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (B) registered under the National Firearms Act. . (b) Amendments (1) In general Part I of subchapter B of chapter 53 of the Internal Revenue Code of 1986 is amended by inserting after section 5841 the following: 5841A. Registration of semiautomatic assault weapons Not later than 180 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 , the Attorney General shall promulgate regulations to carry out the registration of semiautomatic assault weapons (as defined in section 921(a) of title 18) required under section 922(v)(2)(B) of such title 18. . (2) Table of sections The table of sections in part I of subchapter B of chapter 53 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 5841 the following: 5841A. Registration of semiautomatic assault weapons. . 1002. Severability If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be invalid, the remainder of the provisions of this Act and the amendments made by this Act and the application of the provision or amendment to any other person or circumstance shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s5299is/xml/BILLS-117s5299is.xml |
117-s-5300 | II 117th CONGRESS 2d Session S. 5300 IN THE SENATE OF THE UNITED STATES December 19, 2022 Mr. Toomey (for himself, Ms. Warren , Ms. Lummis , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide greater transparency with respect to the financial regulatory agencies, and for other purposes.
1. Short title This Act may be cited as the Financial Regulators Transparency Act of 2022 . 2. Transparency of the Federal reserve banks The Federal Reserve Act is amended— (1) by redesignating sections 30 and 31 as sections 31 and 32, respectively; and (2) by inserting after section 29 ( 12 U.S.C. 504 ) the following: 30. Transparency of Federal reserve banks and Board of Governors (a) Application of FOIA and the Federal Records Act of 1950 to the Federal reserve banks (1) FOIA Each Federal reserve bank shall be considered an agency, as defined in subsection (f) of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), for purposes of applying the requirements under that section. (2) Federal Records Act of 1950 Each Federal reserve bank shall be considered a Federal agency for purposes of applying the requirements under chapter 31 of title 44, United States Code (commonly known as the Federal Records Act of 1950 ). (b) Congressional FOIA requests for information from Federal reserve banks (1) Definitions In this subsection— (A) the term committee confidential basis , with respect to information, means not publicly disclosing the information, in whole or in part or by way of summary, unless the chair and ranking member of the relevant committee or subcommittee described in subparagraph (C) agree to publicly disclose the information; (B) the term confidential supervisory information has the meaning given the term in section 261.2(b) of title 12, Code of Federal Regulations, or any successor regulation; (C) the term covered Member of Congress means— (i) the chair and ranking member of the Committee on Banking, Housing, and Urban Affairs of the Senate; (ii) the chair and ranking member of the Subcommittee on Economic Policy of the Committee on Banking, Housing, and Urban Affairs of the Senate; (iii) the chair and ranking member of the Subcommittee on Financial Institutions and Consumer Protection of the Committee on Banking, Housing, and Urban Affairs of the Senate; (iv) the chair and ranking member of the Committee on Financial Services of the House of Representatives; (v) the chair and ranking member of the Subcommittee on Consumer Protection and Financial Institutions of the Committee on Financial Services of the House of Representatives; and (vi) the chair and ranking member of the Subcommittee on National Security, International Development and Monetary Policy of the Committee on Financial Services of the House of Representatives; (D) the term Inspector General means the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection; and (E) the term personnel and medical files — (i) means personnel and medical files and similar files that are exempt from disclosure under section 552(b)(6) of title 5, United States Code; and (ii) does not include— (I) financial disclosure forms; or (II) performance, disciplinary, or adverse action information. (2) Authority (A) In general Subject to subparagraph (B), section 552 of title 5, United States Code, is not authority for a Federal reserve bank to withhold information from Congress or any Member of Congress. (B) Rule of construction Nothing in subparagraph (A) shall be construed to affect the authority of a Federal reserve bank to withhold from an individual Member of Congress requesting information under section 552 of title 5, United States Code— (i) information relating to monetary policy deliberations that is exempt from disclosure under section 552(b)(5) of title 5, United States Code; and (ii) except as provided in paragraph (6)— (I) confidential supervisory information, as defined in section 261.2(b) of title 12, Code of Federal Regulations, or any successor regulation, that is exempt from disclosure under section 552(b)(8) of title 5, United States Code; and (II) personnel and medical files. (3) Priority of requests from Members of Congress Any request for information from a Federal reserve bank under section 552 of title 5, United States Code, made by a Member of Congress— (A) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (B) shall be processed without charging any fee to the Member of Congress. (4) Common law privileges Notwithstanding any other provision of law, a Federal reserve bank may not withhold information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (5) Maintenance and security of materials With respect to any materials that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from a Federal reserve bank, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (A) have responsibility for the maintenance and security of those materials; and (B) ensure that— (i) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (ii) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Federal reserve bank; (iii) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (iv) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (6) Confidential supervisory information and personnel and medical files (A) Prohibition Notwithstanding subclauses (I) and (II) of paragraph (2)(B)(ii) or any other provision of law, a Federal reserve bank may not withhold information requested by a covered Member of Congress under section 552 of title 5, United States Code, on the basis that the information contains confidential supervisory information or personnel and medical files. (B) Access to information (i) In general Any covered Member of Congress and any staff member of a covered Member of Congress that receives information that contains confidential supervisory information or personnel and medical files pursuant to a request made under section 552 of title 5, United States Code, from a Federal reserve bank shall handle that information on a committee confidential basis according to the procedures described in clause (ii). (ii) Procedures (I) Maintenance and security of materials With respect to any materials containing confidential supervisory information or personnel and medical files that is received by or in the possession of a covered Member of Congress or any staff member of a covered Member of Congress under clause (i), the chief clerk of the relevant committee shall— (aa) have responsibility for the maintenance and security of those materials; and (bb) ensure that— (AA) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (BB) the materials do not leave the relevant committee; (CC) a covered Member of Congress or any staff member of a covered Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials; (DD) photocopying, scanning, or other reproduction of the materials is prohibited; and (EE) notes may be taken regarding the materials, but any notes shall be stored in safe of the chief clerk of the relevant committee and such notes shall not be taken or transmitted outside of the offices of the relevant committee. (II) Access Access to materials containing confidential supervisory information or personnel and medical files supplied to a covered Member of Congress shall be limited to those staff members of the relevant committee or subcommittee with a need-to-know, as determined by the Staff Director and Minority Staff Director of the committee. (III) Unauthorized disclosure Any disclosure of materials containing confidential supervisory information or personnel and medical files without the agreement of the chair and ranking member of the relevant committee or subcommittee of Congress to publicly disclose the information, or other violation of this subparagraph, shall constitute grounds for referral to the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable. (7) Standing Any Member of Congress who makes a request for information from a Federal reserve bank under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Federal reserve bank from withholding records of the Federal reserve bank and to order the production of any records of the Federal reserve bank improperly withheld from the Member of Congress in the same manner as any other person under that section. (c) Congressional FOIA requests for ethics-Related information from the Board of Governors and the Federal reserve banks (1) Ethics-Related information defined (A) In general Subject to subparagraph (B), in this subsection, the term ethics-related information means any record documenting or relating to— (i) the activities of the ethics program of the Board or a Federal reserve bank; (ii) financial disclosure reports and related records; (iii) ethics agreements and related records; (iv) outside employment and activity of officers and employees of the Board or a Federal reserve bank; (v) referrals of violations of criminal conflict of interest statutes; (vi) ethics-related disciplinary records or adverse actions; (vii) ethics-related investigations, inquiries, or reviews; (viii) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Board or a Federal reserve bank; and (ix) any other ethics-related policies, procedures, practices, or program records of the Board or a Federal reserve bank, including— (I) any record relating to— (aa) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (bb) employee training and education related to any ethics-related policies, procedures, practices, or program; (cc) ethics waivers, authorizations, and approvals; (dd) non-Federally funded travel; (ee) any ethics-related annual questionnaires relating to the ethics program of the Board or a Federal reserve bank; and (ff) any other ethics-related policies, procedures, practices, or program of the Board or a Federal reserve bank; and (II) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records published in September 2016 by the National Archives and Records Administration, or any successor document. (B) Exclusion of certain ethics-related information Notwithstanding subparagraph (A), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information for the purposes of this Act. (2) Disclosure of ethics-related information to Members of Congress (A) In general Section 552 of title 5, United States Code, is not authority for the Board or a Federal reserve bank to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (B) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under subparagraph (A). (3) Priority of requests from Members of Congress Any request for ethics-related information from the Board or a Federal reserve bank under section 552 of title 5, United States Code, made by a Member of Congress— (A) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (B) shall be processed without charging any fee to the Member of Congress. (4) Common law privileges Notwithstanding any other provision of law, the Board or a Federal reserve bank may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (5) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Board or a Federal reserve bank, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (A) have responsibility for the maintenance and security of those materials; and (B) ensure that— (i) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (ii) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Board or the Federal reserve bank, as applicable; (iii) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (iv) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (6) Standing Any Member of Congress who makes a request for ethics-related information from the Board or a Federal reserve bank under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Board or the Federal reserve bank, as applicable, from withholding records of the Board or the Federal reserve bank, as applicable, and to order the production of any records of the Board or the Federal reserve bank, as applicable, improperly withheld from the Member of Congress in the same manner as any other person under that section. . 3. Congressional FOIA requests for ethics-related information from other financial regulatory agencies (a) Bureau of Consumer Financial Protection Subtitle A of title X of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5491 et seq. ) is amended by inserting after section 1016B ( 12 U.S.C. 5496b ) the following: 1016C. Congressional FOIA requests for ethics-related information from the Bureau (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information means any record documenting or relating to— (A) the activities of the ethics program of the Bureau; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Bureau; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Bureau; and (I) any other ethics-related policies, procedures, practices, or program records of the Bureau, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Bureau; and (VI) any other ethics-related policies, procedures, practices, or program of the Bureau; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records published in September 2016 by the National Archives and Records Administration, or any successor document. (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information for the purposes of this Act. (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Bureau to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Bureau under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Bureau may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Bureau, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Bureau; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Bureau under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Bureau from withholding records of the Bureau and to order the production of any records of the Bureau improperly withheld from the Member of Congress in the same manner as any other person under that section. . (b) Federal Deposit Insurance Corporation The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ) is amended by adding at the end the following: 52. Congressional FOIA requests for ethics-related information from the Corporation (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information means any record documenting or relating to— (A) the activities of the ethics program of the Corporation; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Corporation; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Corporation; and (I) any other ethics-related policies, procedures, practices, or program records of the Corporation, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Corporation; and (VI) any other ethics-related policies, procedures, practices, or program of the Corporation; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records published in September 2016 by the National Archives and Records Administration, or any successor document. (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information for the purposes of this Act. (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Corporation to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Corporation under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Corporation may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Corporation, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Corporation; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Corporation under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Corporation from withholding records of the Corporation and to order the production of any records of the Corporation improperly withheld from the Member of Congress in the same manner as any other person under that section. . (c) Securities and Exchange Commission The Securities Exchange Act of 1934 ( 12 U.S.C. 78a et seq. ) is amended by inserting after section 4E ( 12 U.S.C. 78d–5 ) the following: 4F. Congressional FOIA requests for ethics-related information from the Commission (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information means any record documenting or relating to— (A) the activities of the ethics program of the Commission; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Commission; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Commission; and (I) any other ethics-related policies, procedures, practices, or program records of the Commission, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Commission; and (VI) any other ethics-related policies, procedures, practices, or program of the Commission; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records published in September 2016 by the National Archives and Records Administration, or any successor document. (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information for the purposes of this Act. (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Commission to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Commission under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Commission may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Commission, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Commission; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Commission under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Commission from withholding records of the Commission and to order the production of any records of the Commission improperly withheld from the Member of Congress in the same manner as any other person under that section. . (d) National Credit Union Administration Title I of the Federal Credit Union Act ( 12 U.S.C. 1752 et seq. ) is amended by adding at the end the following: 132. Congressional FOIA requests for ethics-related information from the Administration (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information means any record documenting or relating to— (A) the activities of the ethics program of the Administration; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Administration; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Administration; and (I) any other ethics-related policies, procedures, practices, or program records of the Administration, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Administration; and (VI) any other ethics-related policies, procedures, practices, or program of the Administration; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records published in September 2016 by the National Archives and Records Administration, or any successor document. (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information for the purposes of this Act. (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Administration to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Administration under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Administration may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Administration, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Administration; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Administration under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Administration from withholding records of the Administration and to order the production of any records of the Administration improperly withheld from the Member of Congress in the same manner as any other person under that section. . (e) Office of the Comptroller of the Currency The Revised Statutes of the United States is amended by inserting after section 333 ( 12 U.S.C. 14 ) the following: 334. Congressional FOIA requests for ethics-related information from the Office of the Comptroller of the Currency (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information means any record documenting or relating to— (A) the activities of the ethics program of the Office of the Comptroller of the Currency (in this section referred to as the Office ); (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Office; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Office; and (I) any other ethics-related policies, procedures, practices, or program records of the Office, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Office; and (VI) any other ethics-related policies, procedures, practices, or program of the Office; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records published in September 2016 by the National Archives and Records Administration, or any successor document. (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information for the purposes of this Act. (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Office to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Office under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Office may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Office, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Office; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Office under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Office from withholding records of the Office and to order the production of any records of the Office improperly withheld from the Member of Congress in the same manner as any other person under that section. . (f) Federal Housing Finance Agency Part 1 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4511 et seq. ) is amended by adding at the end the following: 1319H. Congressional FOIA requests for ethics-related information from the Agency (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information means any record documenting or relating to— (A) the activities of the ethics program of the Agency; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Agency; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Agency; and (I) any other ethics-related policies, procedures, practices, or program records of the Agency, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Agency; and (VI) any other ethics-related policies, procedures, practices, or program of the Agency; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records published in September 2016 by the National Archives and Records Administration, or any successor document. (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information for the purposes of this Act. (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Agency to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Agency under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Agency may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Agency, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Agency; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Agency under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Agency from withholding records of the Agency and to order the production of any records of the Agency improperly withheld from the Member of Congress in the same manner as any other person under that section. . 4. Presidential appointment of Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection (a) Amendments to the Inspector General Act of 1978 The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G— (A) in subsection (a)(2), by striking the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, ; (B) in subsection (c), by striking the third and fourth sentences; and (C) in subsection (g)— (i) by striking paragraph (3); and (ii) by redesignating paragraph (4) as paragraph (3); (2) in section 8J, by striking or 8N and inserting 8K, or 8N ; (3) by inserting after section 8J the following: 8K. Special provisions concerning the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection (a) In general The Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection shall have all of the authorities and responsibilities provided by this Act— (1) with respect to the Bureau of Consumer Financial Protection, as if the Bureau were part of the Board of Governors of the Federal Reserve System; and (2) with respect to a Federal reserve bank without the permission of the Federal reserve bank. (b) Relationship to Department of Treasury The provisions of subsection (a) of section 8D (other than the provisions of subparagraphs (A), (B), (C), and (E) of subsection (a)(1)) shall apply to the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection and the Chairman of the Board of Governors of the Federal Reserve System in the same manner as such provisions apply to the Inspector General of the Department of the Treasury and the Secretary of the Treasury, respectively. ; and (4) in section 12— (A) in paragraph (1), by inserting the Chairman of the Board of Governors of the Federal Reserve System; after National Security Agency; ; and (B) in paragraph (2), by inserting the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, after National Security Agency, . | https://www.govinfo.gov/content/pkg/BILLS-117s5300is/xml/BILLS-117s5300is.xml |
117-s-5301 | II 117th CONGRESS 2d Session S. 5301 IN THE SENATE OF THE UNITED STATES December 19, 2022 Mr. Grassley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 212(d)(5) of the Immigration and Nationality Act to reform immigration parole, and for other purposes.
1. Short title This Act may be cited as the Immigration Parole Reform Act of 2022 . 2. Immigration parole reform Section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) is amended to read as follows: (5) (A) Except as provided in subparagraph (B) or section 214(f), the Secretary of Homeland Security, in the discretion of the Secretary, may temporarily parole into the United States any alien applying for admission to the United States who is not present in the United States, under such conditions as the Secretary may prescribe, on a case-by-case basis, and not according to eligibility criteria describing an entire class of potential parole recipients, for urgent humanitarian reasons or significant public benefit. Parole granted under this subparagraph may not be regarded as an admission of the alien. When the purposes of such parole have been served in the opinion of the Secretary, the alien shall immediately return or be returned to the custody from which the alien was paroled. After such return, the case of the alien shall be dealt with in the same manner as the case of any other applicant for admission to the United States. (B) The Secretary of Homeland Security may grant parole to any alien who— (i) is present in the United States without lawful immigration status; (ii) is the beneficiary of an approved petition under section 203(a); (iii) is not otherwise inadmissible or removable; and (iv) is the spouse or child of a member of the Armed Forces serving on active duty. (C) For purposes of determining an alien's eligibility for parole under subparagraph (A), an urgent humanitarian reason shall be limited to circumstances in which— (i) (I) the alien has a medical emergency; and (II) (aa) the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or (bb) the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process; (ii) the alien is the parent or legal guardian of an alien described in clause (i) and the alien described in clause (i) is a minor; (iii) the alien is needed in the United States in order to donate an organ or other tissue for transplant and there is insufficient time for the alien to be admitted through the normal visa process; (iv) the alien has a close family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted through the normal visa process; (v) the alien is seeking to attend the funeral of a close family member and the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted through the normal visa process; (vi) the alien is an adopted child with an urgent medical condition who is in the legal custody of the petitioner for a final adoption-related visa and whose medical treatment is required before the expected award of a final adoption-related visa; or (vii) the alien is a lawful applicant for adjustment of status under section 245 and is returning to the United States after temporary travel abroad. (D) For purposes of determining an alien's eligibility for parole under subparagraph (A), a significant public benefit may be determined to result from the parole of an alien only if— (i) the alien has assisted (or will assist, whether knowingly or not) the United States Government in a law enforcement matter; (ii) the alien’s presence is required by the Government in furtherance of such law enforcement matter; and (iii) the alien is inadmissible, does not satisfy the eligibility requirements for admission as a nonimmigrant, or there is insufficient time for the alien to be admitted through the normal visa process. (E) For purposes of determining an alien's eligibility for parole under subparagraph (A), the term case-by-case basis means that the facts in each individual case are considered and parole is not granted based on membership in a defined class of aliens to be granted parole. The fact that aliens are considered for or granted parole one-by-one and not as a group is not sufficient to establish that the parole decision is made on a case-by-case basis . (F) The Secretary of Homeland Security may not use the parole authority under this paragraph— (i) to allow an alien who is the beneficiary of a pending or approved immigrant petition to enter the United States (except as otherwise authorized under this paragraph) before an immigrant visa is issued to such alien; (ii) to parole into the United States aliens entering for the purpose of performing skilled or unskilled labor; (iii) to parole into the United States aliens seeking to undertake activities described in existing nonimmigrant classifications, including by paroling aliens seeking to undertake activities authorized under section 101(a)(15)(B) and who are nationals of a country that has not been designated as a program country under section 212(l) or 217; (iv) to parole into the United States an alien who is a refugee or who is described in a designated class of aliens granted access to the United States Refugee Admissions Program, unless such alien may otherwise be paroled under this paragraph; or (v) to parole an alien into the United States for any reason or purpose other than those described in subparagraphs (C) and (D). (G) Parole granted after a departure from the United States shall not be regarded as an admission of the alien. An alien granted parole, whether as an initial grant of parole or parole upon reentry into the United States, is not eligible to adjust status to lawful permanent residence or for any other immigration benefit if the immigration status the alien had at the time of departure did not authorize the alien to adjust status or to be eligible for such benefit. (H) (i) Except as provided in clauses (ii) and (iii), parole shall be granted to an alien under this paragraph for the shorter of— (I) a period of sufficient length to accomplish the activity described in subparagraph (C) or (D) for which the alien was granted parole; or (II) 1 year. (ii) Grants of parole pursuant to subparagraph (A) may be extended once, in the discretion of the Secretary, for an additional period that is the shorter of— (I) the period that is necessary to accomplish the activity described in subparagraph (C) or (D) for which the alien was granted parole; or (II) 1 year. (iii) Aliens who have a pending application to adjust status to permanent residence under section 245 may request extensions of parole under this paragraph, in 1-year increments, until the application for adjustment has been adjudicated. Such parole shall terminate immediately upon the denial of such adjustment application. (I) Not later than 90 days after the last day of each fiscal year, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives and make available to the public, a report— (i) identifying the total number of aliens paroled into the United States under this paragraph during the previous fiscal year; and (ii) containing information and data regarding all aliens paroled during such fiscal year, including— (I) the duration of parole; (II) the type of parole; and (III) the current status of the aliens so paroled. . 3. Implementation (a) In general Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date that is 30 days after the date of the enactment of this Act. (b) Exceptions Notwithstanding subsection (a)— (1) any application for parole or advance parole filed by an alien before the date of the enactment of this Act shall be adjudicated under the law that was in effect on the date on which the application was properly filed and any approved advance parole shall remain valid under the law that was in effect on the date on which the advance parole was approved; (2) section 212(d)(5)(G) of the Immigration and Nationality Act, as added by section 2(b), shall take effect on the date of the enactment of this Act; and (3) the provisions of this Act, and the amendments made by this Act, affecting aliens who were paroled into the United States pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) ) before the date of the enactment of this Act shall take effect on the date that is 180 days after such date of enactment. 4. Cause of action Any person, State, or local government that experiences financial harm in excess of $1,000 due to a failure of the Federal Government to lawfully apply the provisions of this Act or the amendments made by this Act shall have standing to bring a civil action against the Federal Government in an appropriate district court of the United States. 5. Severability If any provision of this Act or any amendment by this Act, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of such provision or amendment to any other person or circumstance shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s5301is/xml/BILLS-117s5301is.xml |
117-s-5302 | II 117th CONGRESS 2d Session S. 5302 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Paul (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the limitations on contributions to health savings accounts, and for other purposes.
1. Short title This Act may be cited as the Health Savings Accounts For All Act of 2022 . 2. Increase in contribution limitations (a) In general Subsection (b) of section 223 of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1), by striking the sum of and all that follows through the period and inserting an amount equal to the applicable dollar amount under paragraph (1)(B) of section 402(g) (as adjusted pursuant to paragraph (4) of such section) with respect to such taxable year. , (2) by striking paragraphs (2), (3), (5), (7), and (8), (3) by inserting after paragraph (1) the following: (2) Additional contributions for individuals 50 or older In the case of an individual who has attained age 50 before the close of the taxable year, the amount of the limitation under paragraph (1) shall be increased by an amount equal to the applicable dollar amount under subparagraph (B)(i) of section 414(v)(2) (as adjusted pursuant to subparagraph (C) of such section). , (4) in paragraph (4), by striking the flush matter following subparagraph (C), and (5) by redesignating paragraphs (4) and (6) as paragraphs (3) and (4), respectively. (b) Conforming amendments (1) Subparagraph (A) of section 223(d)(1) of the Internal Revenue Code of 1986 is amended by striking the sum of— and all that follows through the period and inserting the amount determined under subsection (b)(1). . (2) Subsection (g) of section 223 of such Code is amended— (A) by striking subsections (b)(2) and (c)(2)(A) both places it appears and inserting subsection (c)(2)(A) , and (B) by amending subparagraph (B) to read as follows: (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2003 for calendar year 2016 in subparagraph (A)(ii) thereof. . (3) Section 26(b)(2)(S) of such Code is amended by striking , 223(b)(8)(B)(i)(II), . (4) Section 408(d)(9)(C)(i)(I) of such Code is amended by striking computed on the basis of the type of coverage under the high deductible health plan covering the individual . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Freedom from mandate (a) In general Section 223 of the Internal Revenue Code of 1986, as amended by section 2, is further amended by striking subsections (c) and (g) and by redesignating subsections (d), (e), (f), and (h) as subsections (c), (d), (e), and (f), respectively. (b) Conforming amendments (1) Subsection (a) of section 223 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Deduction allowed In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a health savings account of such individual. . (2) Subsection (c)(1)(A) of section 223 of such Code, as amended by section 2 and redesignated by subsection (a), is further amended by striking subsection (f)(4) and inserting subsection (e)(4) . (3) Subparagraph (U) of section 26(b)(2) of such Code, as amended by section 2, is further amended by striking section 223(f)(3) and inserting section 223(e)(3) . (4) Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(B)(v), 4973(a)(5), and 6051(a)(12) of such Code are each amended by striking section 223(d) each place it appears and inserting section 223(c) . (5) Section 106(d)(1) of such Code is amended— (A) by striking who is an eligible individual (as defined in section 223(c)(1)) , and (B) by striking section 223(d) and inserting section 223(c) . (6) Section 106(e) of such Code is amended— (A) by striking paragraphs (3) and (4) and by redesignating paragraph (5) as paragraph (4), (B) by inserting after paragraph (2) the following new paragraph: (3) Treatment as rollover contribution A qualified HSA distribution shall be treated as a rollover contribution described in section 223(e)(4). , and (C) by striking to any eligible individual covered under a high deductible health plan of the employer in paragraph (4)(B)(ii) (as so redesignated) and inserting to any employee with respect to whom a health savings account has been established . (7) Section 408(d)(9)(A) of such Code is amended by striking who is an eligible individual (as defined in section 223(c)) and . (8) Section 877A(g)(6) of such Code is amended by striking 223(f)(4) and inserting 223(e)(4) . (9) Section 4973(g) of such Code is amended— (A) by striking section 223(d) and inserting section 223(c) , (B) in paragraph (1), by striking or 223(f)(5) and inserting or 223(e)(5) , (C) in paragraph (2)(A), by striking section 223(f)(2) and inserting section 223(e)(2) , and (D) in the flush matter at the end, by striking section 223(f)(3) and inserting section 223(e)(3) . (10) Section 4975 of such Code is amended— (A) in subsection (c)(6)— (i) by striking section 223(d) and inserting section 223(c) , and (ii) by striking section 223(e)(2) and inserting section 223(d)(2) , and (B) in subsection (e)(1)(E), by striking section 223(d) and inserting section 223(c) . (11) Subsection (b) of section 4980G of such Code is amended to read as follows: (b) Rules and requirements (1) In general An employer meets the requirements of this subsection for any calendar year if the employer makes available comparable contributions to the health savings accounts of all comparable participating employees for each coverage period during such calendar year. (2) Comparable contributions (A) In general For purposes of paragraph (1), the term comparable contributions means contributions— (i) which are the same amount, or (ii) if the employees are covered by a health plan, which are the same percentage of the annual deductible limit under the plan covering the employees. (B) Part-year employees In the case of an employee who is employed by the employer for only a portion of the calendar year, a contribution to the health savings account of such employee shall be treated as comparable if it is an amount which bears the same ratio to the comparable amount (determined without regard to this subparagraph) as such portion bears to the entire calendar year. (3) Comparable participating employees For purposes of paragraph (1), the term comparable participating employees means all employees who are covered (if at all) under the same health plan of the employer and have the same category of coverage. For purposes of the preceding sentence, the categories of coverage are self-only and family coverage. (4) Part-time employees (A) In general Paragraph (3) shall be applied separately with respect to part-time employees and other employees. (B) Part-time employee For purposes of subparagraph (A), the term part-time employee means any employee who is customarily employed for fewer than 30 hours per week. . (12) Section 4980G(d) of such Code is amended by striking section 4980E and inserting this section . (13) Section 6693(a)(2)(C) of such Code is amended by striking section 223(h) and inserting section 223(f) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 4. Amounts paid for health insurance or direct primary care service arrangement (a) In general Paragraph (2) of section 223(c) of the Internal Revenue Code of 1986, as redesignated by section 3, is amended— (1) in subparagraph (A), by inserting or pursuant to an arrangement under which an individual is provided coverage restricted to primary care services in exchange for a fixed periodic fee or payment for primary care services after menstrual care products , (2) by striking subparagraphs (B) and (C), and (3) by redesignating subparagraph (D) as subparagraph (B). (b) Conforming amendment Paragraph (2) of section 223(c) of the Internal Revenue Code of 1986, as amended by the preceding sections of this Act, is further amended by striking and any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual and inserting any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual, and any child (as defined in section 152(f)(1)) of such individual who has not attained the age of 27 before the end of such individual's taxable year . (c) Technical amendments (1) Section 220(d)(2)(A) of the Internal Revenue Code of 1986 is amended by striking section 223(d)(2)(D) and inserting section 223(c)(2)(B) . (2) Subsection (f) of section 106 of the Internal Revenue Code of 1986 is amended by striking section 223(d)(2)(D) and inserting section 223(c)(2)(B) . (d) Effective dates (1) In general The amendments made by subsections (a) and (b) shall apply with respect to amounts paid after the date of the enactment of this Act in taxable years beginning after such date. (2) Technical amendments The amendments made by subsection (c) shall apply with respect to taxable years beginning after the date of enactment of this Act. 5. Special rule for certain medical expenses incurred before establishment of account (a) In general Paragraph (2) of section 223(c) of the Internal Revenue Code of 1986, as amended and redesignated by the preceding sections of this Act, is further amended by adding at the end the following new subparagraph: (C) Certain medical expenses incurred before establishment of account treated as qualified An expense shall not fail to be treated as a qualified medical expense solely because such expense was incurred before the establishment of the health savings account if such expense was incurred— (i) during either— (I) the taxable year in which the health savings account was established, or (II) the preceding taxable year, in the case of a health savings account established after the taxable year in which such expense was incurred but before the time prescribed by law for filing the return for such taxable year (not including extensions thereof), and (ii) for medical care which (but for the fact that it was incurred before the establishment of the account) otherwise meets the requirements of the preceding subparagraphs. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 6. Administrative error correction before due date of return (a) In general Paragraph (4) of section 223(e) of the Internal Revenue Code of 1986, as amended and redesignated by the preceding sections of this Act, is amended by adding at the end the following new subparagraph: (D) Exception for administrative errors corrected before due date of return Subparagraph (A) shall not apply if any payment or distribution is made to correct an administrative, clerical, or payroll contribution error and if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 7. Allowing HSA rollover to child or parent of account holder (a) In general Paragraph (8)(A) of section 223(e) of the Internal Revenue Code of 1986, as redesignated by the preceding sections of this Act, is amended— (1) by inserting , child, parent, or grandparent after surviving spouse , (2) by inserting , child, parent, or grandparent, as the case may be, after the spouse , (3) by inserting , child, parent, or grandparent after spouse in the heading thereof, and (4) by adding at the end the following: In the case of a child who acquires such beneficiary’s interest and with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins, such health savings account shall be treated as a health savings account of such child. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 8. Coverage for amounts paid for vitamins, dietary supplements, gym memberships, and wearable fitness trackers (a) In general Paragraph (2) of section 223(c) of the Internal Revenue Code of 1986, as amended by the preceding provisions of this Act, is amended— (1) in subparagraph (A), by inserting , qualified wellness expenses, after menstrual care products , and (2) by adding at the end the following: (C) Qualified wellness expenses For purposes of this paragraph, the term qualified wellness expenses means amounts paid for— (i) vitamins, (ii) dietary supplements (as defined in section 201(ff) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ff) )), (iii) membership at a gym or fitness facility, or (iv) wearable fitness trackers. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 9. Equivalent bankruptcy protections for health savings accounts as retirement funds (a) In general Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: (r) Treatment of health savings accounts For purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code. . (b) Effective date The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5302is/xml/BILLS-117s5302is.xml |
117-s-5303 | II 117th CONGRESS 2d Session S. 5303 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes.
1. Short title This Act may be cited as the Health Marketplace for All Act of 2022 . 2. Health marketplace pools deemed an employer for purposes of offering group health plans or group health insurance coverage (a) Definition of employer Section 3(5) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(5) ) is amended by adding at the end the following: Such term shall be deemed to include, for purposes of offering a group health plan (as defined in section 733(a)(1)) or group health insurance coverage (as defined in section 733(b)(4)) (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with section 736(b)(5)(B)), any entity that meets the requirements under section 736(b). . (b) Group health plans and group health insurance coverage Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq. ) is amended by adding at the end the following: 736. Health marketplace pools deemed an employer for purposes of offering group health plans or group health insurance coverage (a) In general An entity (referred to in this section as a health marketplace pool ) that meets the requirements under subsection (b) shall be deemed an employer under section 3(5) for purposes of offering a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection (b)(5)(B)). (b) Requirements for health marketplace pools The requirements under this subsection are each of the following: (1) Organization The health marketplace pool shall— (A) be formed and maintained in good faith for a purpose that includes the formation of a risk pool in order to offer group health insurance coverage or a group health plan to its members; and (B) not condition membership in the health marketplace pool on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee). (2) Offering group health plans and group health insurance coverage (A) Different groups (i) In general The health marketplace pool, which may be in conjunction with a health insurance issuer that offers group health insurance coverage through the health marketplace pool, shall make available a group health plan or group health insurance coverage to all members of the health marketplace pool (and, in the case of members that are employers, employees of the employers) at rates that— (I) are established by the health marketplace pool, or a health insurance issuer contracting with such health marketplace pool, on a policy or product specific basis; and (II) subject to sections 701 and 702, may vary for individuals covered through the health marketplace pool. (ii) Permissible coverage for dependents Such group health plan or group health insurance coverage may be made available under clause (i) to any dependents of members of the health marketplace pool or dependents of employees of employers that are such members. (B) Nondiscrimination in coverage offered (i) In general Subject to clause (ii), the health marketplace pool may not offer coverage under a group health plan or group health insurance coverage to a member of the health marketplace pool unless the same coverage is offered to all such members of the health marketplace pool. (ii) Construction Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. (C) Assumption of risk The health marketplace pool may provide— (i) group health insurance coverage through a contract with a health insurance issuer; or (ii) a group health plan through self-insurance. (3) Geographic areas Nothing in this subsection shall be construed as preventing the establishment and operation of more than 1 health marketplace pool in a geographic area or as limiting the number of health marketplace pools that may operate in any area. (4) Provision of administrative services to purchasers The health marketplace pool may provide administrative services for members. Such services may include accounting, billing, and enrollment information. (5) Drug coverage The group health plan or group health insurance coverage offered by the health marketplace pool may offer— (A) drug coverage, including coverage of over-the-counter drugs, in combination with other benefits covered by the group health plan or group health insurance coverage; or (B) notwithstanding any other provision of law, drug coverage, including coverage of over-the-counter drugs, as the only benefit covered by the group health plan or group health insurance coverage. (6) Members (A) In general With respect to an individual who is a member of the health marketplace pool— (i) the individual may enroll for coverage under the group health plan or group health insurance coverage offered by the health marketplace pool (including, if applicable, enrollment for coverage for a dependent of such individual); or (ii) the employer of the individual may enroll the individual for coverage under the group health plan or group health insurance coverage offered by the health marketplace pool (including, if applicable, enrollment for coverage for a dependent of such individual). (B) Eligibility An individual shall be eligible to be a member of the health marketplace pool if such individual is— (i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); (ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or (iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). (C) Rules for enrollment Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members. Such rules shall be applied consistently to all members within the health marketplace pool and shall not be based in any manner on health status-related factors in accordance with sections 701 and 702. (c) Determination of employer and joint employer status Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law— (1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or (2) a joint employer relationship for any purpose. (d) Definition In this section, the term dependent , as applied to a group health plan or group health insurance coverage offered in a State, shall have the meaning applied to such term with respect to such plan or coverage under the State law applying to such plan or coverage. Such term may include the spouse and children of the individual involved in accordance with such State law. . 3. Conforming amendments Section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 ) is amended— (1) in paragraph (6), by inserting before the period , except (with respect to an entity meeting the requirements under section 736(b)) such term includes any member of such entity ; (2) in paragraph (21)— (A) in subparagraph (A), by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; and (B) by adding at the end the following: (C) With respect to a person that is a member of an entity (referred to in section 736 and this subparagraph as a health marketplace pool ) that meets the requirements of section 736(b) and offers a group health plan (as defined in section 733(a)(1)) or group health insurance coverage (as defined in section 733(b)(4)) (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage), membership in the health marketplace pool shall not by itself cause the person to be a fiduciary with respect to the group health plan or group health insurance coverage. ; and (3) in paragraph (40)(A)— (A) in clause (ii), by striking , or and inserting , ; (B) in clause (iii), by striking the period and inserting , or ; and (C) by adding at the end the following: (iv) as a group health plan (as defined in section 733(a)(1)), or group health insurance coverage (as defined in section 733(b)(4)), offered by an entity meeting the requirements under section 736(b) (which, notwithstanding any other provision of law, may include such an entity offering such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage). . | https://www.govinfo.gov/content/pkg/BILLS-117s5303is/xml/BILLS-117s5303is.xml |
117-s-5304 | II 117th CONGRESS 2d Session S. 5304 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Manchin (for himself, Ms. Warren , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the closure of postal facilities during the COVID–19 public health emergency.
1. Short title This Act may be cited as the Protect Our Services Today Act of 2022 or the POST Act . 2. Moratorium on postal facility closures (a) In general During the COVID–19 public health emergency period, the United States Postal Service may not close any facility of the Postal Service. (b) Definition For purposes of this section, the term COVID–19 public health emergency period — (1) means the period of the 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 ) with respect to COVID–19, including any renewal of that declaration; and (2) includes any part of the period described in paragraph (1) that occurred before the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5304is/xml/BILLS-117s5304is.xml |
117-s-5305 | II 117th CONGRESS 2d Session S. 5305 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Merkley (for himself, Ms. Warren , Mr. Wyden , Mr. Blumenthal , Mr. Sanders , Mr. Menendez , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To prohibit drilling in the Arctic Ocean.
1. Short title This Act may be cited as the Stop Arctic Ocean Drilling Act of 2022 . 2. Findings; statement of policy (a) Findings Congress finds that, as of the date of enactment of this Act— (1) global climate change is occurring due largely to anthropogenic emissions of greenhouse gases and will continue to pose ongoing risks and challenges to the people and the Government of the United States; (2) the evidence of impacts and dangers of climate change are supported by numerous reports and panels, such as— (A) the 2018 National Climate Assessment; (B) the 2018 Intergovernmental Panel on Climate Change special report, which details significant economic and ecological damage from a 1.5 degree Celsius increase in temperature; and (C) the 2018 United States Geological Survey Scientific Investigations Report, which highlights that developments on Federal land account for a significant quantity of greenhouse gas emissions; (3) (A) the average temperature in the United States during the decade preceding the date of enactment of this Act was 0.8 degree Celsius (1.5 degrees Fahrenheit) warmer than the 1901–1960 average; and (B) that decade was the warmest on record both in the United States and globally; (4) the Arctic is warming at twice the rate of the rest of the planet; (5) a global temperature increase of 2 degrees Celsius will lead to increased droughts, rising seas, mass extinctions, heat waves, desertification, wildfires, and acidifying oceans; (6) delaying action on climate change will result in severe economic losses, and global mitigation costs increase by approximately 40 percent for each decade of delay; (7) at least 80 percent of the carbon from known fossil fuel reserves must not be released into the atmosphere to have an 80 percent chance of avoiding the worst effects of climate change stemming from a 2 degree Celsius change in global temperature; (8) developing oil and gas reserves in the Arctic Ocean is incompatible with staying within that global carbon budget and avoiding the worst effects of climate change; and (9) the Arctic Ocean is home to invaluable and fragile ecosystems, which are critical to— (A) marine mammals, including whales, walrus, ice seals, and polar bears; (B) fisheries; (C) migratory birds; (D) indigenous populations; and (E) subsistence hunters. (b) Statement of policy It is the policy of the United States that the Arctic Ocean should be managed for the best interests of the people of the United States, including by keeping fossil fuels in the ground to avoid the dangerous impacts of climate change. 3. Prohibition of oil and gas leasing in Arctic areas of the outer Continental Shelf Section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ) is amended by adding at the end the following: (q) Prohibition of oil and gas leasing in Arctic areas of the outer Continental Shelf (1) Definition of Arctic In this subsection, the term Arctic has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 ). (2) Prohibition Notwithstanding any other provision of this Act or any other law, the Secretary of the Interior shall not issue or extend a lease or any other authorization for the exploration, development, or production of oil, natural gas, or any other mineral on Arctic areas of the outer Continental Shelf. . | https://www.govinfo.gov/content/pkg/BILLS-117s5305is/xml/BILLS-117s5305is.xml |
117-s-5306 | II 117th CONGRESS 2d Session S. 5306 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Merkley (for himself, Mr. Young , and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Tibetan Policy Act of 2002 to modify certain provisions of that Act.
1. Short title This Act may be cited as the Promoting a Resolution to the Tibet-China Conflict Act . 2. Findings Congress finds the following: (1) It has been the long-standing policy of the United States to encourage meaningful and direct dialogue between People’s Republic of China authorities and the Dalai Lama or his representatives, without preconditions, to seek a settlement that resolves differences. (2) Ten rounds of dialogue held between 2002 and 2010 between the People’s Republic of China authorities and the 14th Dalai Lama’s representatives failed to produce a settlement that resolved differences, and the two sides have not met since January 2010. (3) An obstacle to further dialogue is that the Government of the People’s Republic of China continues to impose conditions on His Holiness the Dalai Lama for a resumption of dialogue, including a demand that he say that Tibet has been part of China since ancient times, which the Dalai Lama has refused to do because it is false. (4) United States Government statements that the United States considers Tibet a part of the People’s Republic of China have reflected the reality on the ground that the Government of the People’s Republic of China has exerted effective control over Tibet. (5) The United States Government has never taken the position that Tibet was a part of China since ancient times or that the means by which the Government of the People’s Republic of China came to exert effective control over Tibet was consistent with international law or included the free or meaningful consent of the Tibetan people. (6) United States Government documents dated January 9, 1919, June 1, 1944, June 17, 1949, April 4, 1951, December 3, 1951, March 23, 1961, and February 14, 1963, listed Tibet as an entity separate and distinct from China. (7) Article 1 of the International Covenant on Civil and Political Rights and Article 1 the International Covenant on Economic, Social and Cultural Rights provide that All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. . (8) Under international law, including United Nations General Assembly Resolution 2625, the right to self-determination is the right of a people to determine its own destiny and the exercise of this right can result in a variety of outcomes ranging from independence, federation, protection, some form of autonomy or full integration within a State. (9) United Nations General Assembly Resolution 1723, adopted on December 20, 1961, called for the cessation of practices which deprive the Tibetan people of their fundamental human rights and freedoms, including their right to self-determination. . (10) In a December 30, 1950, note to the Governments of the United Kingdom and India, the Department of State wrote that The United States, which was one of the early supporters of the principle of self-determination of peoples, believes that the Tibetan people has the same inherent right as any other to have the determining voice in its political destiny. It is believed further that, should developments warrant, consideration could be given to recognition of Tibet as an independent State. . (11) In a June 2, 1951, telegram to the United States Embassy in New Delhi, the State Department wrote that Tibet should not be compelled by duress [to] accept [the] violation [of] its autonomy and that the Tibetan people should enjoy certain rights [of] self-determination, commensurate with [the] autonomy Tibet has maintained since [the] Chinese revolution. . (12) Secretary of State Antony Blinken, in a May 26, 2022, speech entitled The Administration’s Approach to the People’s Republic of China, said that the rules-based international order's founding documents include the UN Charter and the Universal Declaration of Human Rights, which enshrined concepts like self-determination, sovereignty, the peaceful settlement of disputes. These are not Western constructs. They are reflections of the world’s shared aspirations. . (13) The Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 note), in directing the United States Government to promote the human rights and distinct religious, cultural, linguistic, and historical identity of the Tibetan people acknowledges that the Tibetan people possess a distinct religious, cultural, linguistic, and historical identity. (14) Department of State reports on human rights and religious freedom have consistently documented repression by the People’s Republic of China authorities against Tibetans as well as acts of defiance and resistance by Tibetan people against the People’s Republic of China policies. (15) Section 355 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 ( Public Law 102–138 ; 105 Stat. 713) stated that it is the sense of Congress that— (A) Tibet, including those areas incorporated into the Chinese provinces of Sichuan, Yunnan, Gansu, and Qinghai, is an occupied country under the established principles of international law ; (B) Tibet’s true representatives are the Dalai Lama and the Tibetan Government in exile as recognized by the Tibetan people ; (C) Tibet has maintained throughout its history a distinctive and sovereign national, cultural, and religious identity separate from that of China and, except during periods of illegal Chinese occupation, has maintained a separate and sovereign political and territorial identity ; (D) historical evidence of this separate identity may be found in Chinese archival documents and traditional dynastic histories, in United States recognition of Tibetan neutrality during World War II, and in the fact that a number of countries including the United States, Mongolia, Bhutan, Sikkim, Nepal, India, Japan, Great Britain, and Russia recognized Tibet as an independent nation or dealt with Tibet independently of any Chinese government ; (E) 1949–1950, China launched an armed invasion of Tibet in contravention of international law ; (F) it is the policy of the United States to oppose aggression and other illegal uses of force by one country against the sovereignty of another as a manner of acquiring territory, and to condemn violations of international law, including the illegal occupation of one country by another ; and (G) numerous United States declarations since the Chinese invasion have recognized Tibet's right to self-determination and the illegality of China's occupation of Tibet. . (16) The joint explanatory statement to accompany division K of the Consolidated Appropriations Act for Fiscal Year 2022 ( Public Law 117–103 ) states that Funds appropriated by the Act should not be used to produce or disseminate documents, maps, or other materials that recognize or identify Tibet, including the Tibet Autonomous Region and other Tibetan autonomous counties and prefectures, as part of the PRC until the Secretary of State reports to the appropriate congressional committees that the Government of the PRC has reached a final negotiated agreement on Tibet with the Dalai Lama or his representatives or with democratically elected leaders of the Tibetan people. . 3. Statement of policy It is the policy of the United States that— (1) the Tibetan people are a people entitled to the right of self-determination under international law, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and that their ability to exercise this right is precluded by the current policies of the People’s Republic of China; and (2) the conflict between Tibet and the People’s Republic of China is unresolved, and that the legal status of Tibet remains to be determined in accordance with international law. 4. Sense of Congress It is the sense of Congress that— (1) claims made by officials of the People’s Republic of China and the Chinese Communist Party that Tibet has been a part of China since ancient times are historically false; (2) the Government of the People’s Republic of China has failed to meet the expectations of the United States to engage in meaningful dialogue with the Dalai Lama or his representatives toward a peaceful settlement of the unresolved conflict between Tibet and the People’s Republic of China; and (3) United States public diplomacy efforts should counter disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama. 5. Modifications to the Tibetan Policy Act of 2002 (a) Tibet negotiations Section 613(b) of the Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 note) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (4) efforts to counter disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama. . (b) United States Special Coordinator for Tibetan Issues Section 621(d) of the Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 note) is amended— (1) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; and (2) by inserting after paragraph (5) the following: (6) work to ensure that United States Government statements and documents counter, as appropriate, disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama; . (c) Geographic definition of Tibet The Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 note) is amended by adding at the end the following: 622. Geographic definition of Tibet In this Act and in implementing policies relating to the Tibetan people under other provisions of law, the term ‘Tibet’, unless otherwise specified, means— (1) the Tibet Autonomous Region; and (2) the Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan provinces. . 6. Availability of amounts to counter disinformation about Tibet Amounts authorized to be appropriated or otherwise made available to carry out section 201(c) of the Asia Reassurance Initiative Act of 2018 ( 22 U.S.C. 2292 et seq. ) are authorized to be made available to counter disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama. | https://www.govinfo.gov/content/pkg/BILLS-117s5306is/xml/BILLS-117s5306is.xml |
117-s-5307 | II 117th CONGRESS 2d Session S. 5307 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit certain discrimination against athletes on the basis of sex by intercollegiate athletic associations, and for other purposes.
1. Short title This Act may be cited as the Fair Play for Women Act . 2. Findings Congress finds the following: (1) 50 years ago, Congress passed title IX of the Education Amendments of 1972 (referred to in this section as title IX ), helping to transform participation in and support for women’s sports by barring discrimination on the basis of sex in all schools that receive Federal funding, including in their athletic programs. (2) Since the passage of title IX, millions more women and girls have had the opportunity to compete in interscholastic athletics. At the high school level, athletic participation opportunities have increased from nearly 300,000 in 1972 to more than 3,400,000 in 2019. At the collegiate level, opportunities have increased from nearly 30,000 in 1972 to 215,000 in 2020 on teams sponsored by institutions who are members of the National Collegiate Athletic Association (referred to in this section as the NCAA ). (3) Despite progress, women and girls still face unequal opportunities. At the high school level, girls have over 1,000,000 fewer athletic opportunities than boys, with schools providing girls with 43 percent of all athletic opportunities while girls represent nearly half of all students. At the collegiate level, colleges would need to provide women with an additional 148,000 sports opportunities to match the same ratio of sports opportunities per student as is offered to men. (4) Girls of color are often most impacted by inequitable opportunities. At high schools predominantly attended by White students, girls have 82 percent of the opportunities that boys have to play sports, while at high schools predominantly attended by students of color, girls have only 67 percent of the opportunities that boys have to play sports. (5) The magnitude of current gaps in intercollegiate participation opportunities is likely undercounted, as investigations of intercollegiate athletics data have found that the majority of NCAA member institutions inflate the number of women participating in sports by double- and triple-counting women athletes who participate in more than one sport more often than the institutions double- and triple-count their male counterparts, counting male practice players on women’s teams as women athletes, and packing women’s teams with extra players who never end up competing. (6) Women and girls in sports also face unequal treatment. They are frequently provided worse facilities, equipment, and uniforms than men and boys, and they receive less financial support and publicity from their schools, as women receive $240,000,000 less than men in athletic-based scholarships annually. For every dollar colleges spend on recruiting, travel, and equipment for men’s sports, they spend 58 cents, 62 cents, and 73 cents, respectively, for women’s sports. (7) Amid ongoing inequitable treatment, athletes and athletics-related staff too often are unaware of the rights and obligations that are described in or come from title IX. In surveys of children and their parents, the majority report not knowing what title IX is. A study conducted by the Government Accountability Office in 2017 found that the majority of high school athletic administrators were unaware of who their title IX coordinator was or felt unsupported by their title IX coordinator. In collegiate sports, the majority of coaches report that they never received formal training about title IX as part of the preparation for their jobs. 3. Purposes The purposes of this Act are to— (1) address inequitable and discriminatory treatment of women and girls in sports in elementary and secondary schools, as well as institutions of higher education; and (2) improve the collection and transparency of data pertaining to participation in and support for women’s and girls’ sports at schools receiving Federal financial assistance. 4. Discrimination by intercollegiate athletic associations (a) In general No intercollegiate athletic association shall, on the basis of sex, subject any athlete to discrimination with respect to intercollegiate athletics, including discrimination through— (1) the rules it sets for intercollegiate athletics; (2) the sports required for association membership or the sports sponsored for association competitions or supported with association championships; (3) the location, facilities, or amenities provided for association competitions or championships; (4) the provision or arrangement for the provision of goods or services (including benefits) for association competitions or championships; or (5) the distribution of revenues or other benefits to association members or institutions under the authority of the association. (b) Private right of action A covered institution of higher education that is a member of or under the authority of an intercollegiate athletic association, or an individual who applies to participate, participates, or previously participated in intercollegiate athletics, at a covered institution of higher education that is a member of or under the authority of an intercollegiate athletic association, may bring an action in any Federal or State court of competent jurisdiction against the intercollegiate athletic association to remedy a violation of this section. The court may award such legal or equitable relief as may be appropriate for such a violation. The legal relief may include compensatory damages for emotional distress, humiliation, or pain and suffering. (c) Training Each intercollegiate athletic association shall ensure that each employee of the association receives, at least once per year, training on the provisions of this section, including the rights delineated under this section and the procedures for bringing actions under this section. (d) Definitions In this section: (1) Covered institution of higher education The term covered institution of higher education means an entity described in section 908(2)(A) of the Education Amendments of 1972 ( 20 U.S.C. 1687(2)(A) ). (2) Intercollegiate athletic association The term intercollegiate athletic association means any conference, association, or other group or organization, established by or comprised of 2 or more covered institutions of higher education, that— (A) governs competitions among, or otherwise exercises authority over intercollegiate athletics at, such institutions of higher education who are members of or under the authority of the intercollegiate athletic association; and (B) is engaged in commerce or an industry or activity affecting commerce. 5. Expanding equity in athletics disclosure requirements (a) Institutions of higher education Section 485(g) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(g) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking clause (i) and inserting the following: (i) The total number of participants, by team. ; (B) in subparagraph (C)— (i) by striking The total amount and inserting the following: (i) The total amount ; and (ii) by adding at the end the following: (ii) For each men’s and women’s sport— (I) the total amount of athletically related student aid; (II) the total number of athletically related scholarships, and the average amount of such scholarships; (III) the total number of athletically related scholarships that fund the full cost of tuition at the institution; (IV) the total number of athletically related scholarships that fund the full cost of attendance for the athlete; (V) the total number of athletically related scholarships awarded for a period equal to or less than one year; and (VI) the total number of athletically related scholarships awarded for a period equal to or greater than 4 academic years. ; (C) in subparagraph (E), by inserting and disaggregated by each men’s sport and each women’s sport before the period at the end; (D) in subparagraph (G), by inserting (which, for purposes of this subparagraph, includes compensation, bonuses, benefits, and buyouts paid to coaches and reportable by the institution or related entities, including booster clubs and foundations) before of the head coaches of men's teams ; (E) in subparagraph (H), by inserting (which, for purposes of this subparagraph, includes compensation, bonuses, benefits, and buyouts paid to coaches and reportable by the institution or related entities, including booster clubs and foundations) before assistant coaches of men's teams ; (F) in subparagraph (I)— (i) by striking clause (i) and inserting the following: (i) The revenues from the institution’s intercollegiate athletics activities, in the aggregate and disaggregated by each men’s sport and each women’s sport, including— (I) total revenues; and (II) each category of revenues described in clause (ii). ; and (ii) in clause (ii), by striking , and advertising, but revenues and all that follows through the period at the end and inserting , advertising, and, to the extent practicable, student activities fees and alumni contributions. ; (G) by striking clause (i) of subparagraph (J) and inserting the following: (i) The expenses made by the institution for the institution’s intercollegiate athletics activities, in the aggregate and disaggregated by each men’s sport and each women’s sport, including— (I) total expenses; and (II) each category of expenses as described in clause (ii). ; and (H) by adding at the end the following: (K) The numbers of participants who participate in 1, 2, or 3 intercollegiate sports at the institution, in the aggregate and disaggregated by each men’s sport and each women’s sport. (L) The total number of male players that practice on women’s teams, in the aggregate and disaggregated by each women’s sport. (M) Information regarding race and ethnicity for athletes and coaches (including assistant coaches), in the aggregate and disaggregated by each men’s sport and each women’s sport. (N) A certification that the institution has verified the information submitted in the report under this paragraph. (O) With respect to the sports participation opportunities requirements under title IX of the Education Amendments of 1972— (i) a certification that the institution complies with such requirements by showing— (I) substantial proportionality; (II) a history and continuing practice of expanding sports participation opportunities; or (III) full and effective accommodation of athletics interests; and (ii) an identification of the method of compliance described in subclauses (I) through (III) of clause (i) that the institution uses. ; (2) in paragraph (2), by striking For the purposes of paragraph (1)(G) and inserting For the purposes of subparagraphs (G) and (H) of paragraph (1) ; (3) by striking paragraph (4) and inserting the following: (4) Submission; report; information availability (A) Institutional requirements Each institution of higher education described in paragraph (1) shall— (i) by October 15 of each year, provide the information contained in the report required under such paragraph for such year to the Secretary; and (ii) by not later than February 15 of each year, publish such information on a public Internet website of the institution in a searchable format. (B) Public availability By not later than February 15 of each year, the Secretary shall make the reports and information described in subparagraph (A) for the immediately preceding academic year available to the public, which shall include posting the reports and information on a public Internet website of the Department in a searchable format. ; (4) by redesignating paragraph (5) as paragraph (6); (5) by inserting after paragraph (4) the following: (5) Reports by the Secretary (A) In general By not later than 2 years after the date of enactment of the Fair Play for Women Act , and every 2 years thereafter, the Secretary shall prepare and publish a report on gender equity using the information submitted under this subsection. (B) Contents The report required under subparagraph (A) shall, in the aggregate for all institutions of higher education described in paragraph (1) and disaggregated by each individual institution— (i) identify participant gaps, if any, by indicating the number of participants that need to be added in order for participants of the underrepresented sex at the institution to match the proportion of enrolled full-time undergraduate students of the underrepresented sex at the institution; (ii) identify funding gaps, if any, by showing the percentage differences, compared to proportions of male and female enrollment at the institution, in expenditures for athletically related student aid, recruiting, promotion, and publicity in intercollegiate athletics; and (iii) identify any trends evident in such data that address relevant inequities in intercollegiate athletics participation and financial support. ; and (6) in paragraph (6), as redesignated by paragraph (4)— (A) by striking Definition .—For the purposes of this subsection, the term and inserting the following: Definitions .—For purposes of this subsection: (A) Operating expenses The term ; and (B) by adding at the end the following: (B) Participant The term participant means an athlete in a sport who— (i) (I) is receiving the institutionally sponsored support normally provided to athletes competing at the institution involved on a regular basis during the sport’s season; (II) is participating in organized practice sessions and other team meetings and activities on a regular basis during the sport’s season; and (III) is listed on the eligibility or squad list maintained for the sport; or (ii) due to injury, does not meet the requirements of clause (i) but continues to receive financial aid on the basis of athletic ability in the sport. (C) Season The term season , when used with respect to a team sport, means the period beginning on the date of a team’s first intercollegiate competitive event in an academic year and ending on the date of the team’s final intercollegiate competitive event in such academic year. . (b) Elementary school and secondary school athletic programs (1) In general Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. ) is amended by adding at the end the following: 8549D. Disclosure of statistics on equality in elementary and secondary education athletic programs (a) Definition of participant (1) In general In this section, the term participant means an athlete in a sport who participates in the sport in interscholastic competitive events, organized practice sessions, and other team meetings and activities on a regular basis during the sport’s season. (2) Definition of season For purposes of paragraph (1), the term season , when used with respect to a team sport, means the period beginning on the date of a team’s first interscholastic athletic competition in an academic year and ending on the date of the team’s final interscholastic athletic competition in such academic year. (b) In general The Secretary shall collect annually, from each coeducational elementary school and secondary school that receives Federal financial assistance and has an interscholastic athletic program, a report that includes the following information for the immediately preceding academic year: (1) The total number of male and female students that attended the school, fully disaggregated and cross-tabulated by sex and race or ethnicity. (2) A listing of the school’s teams that competed in athletic competition and for each such team the following data: (A) The season in which the team competed. (B) The total number of male and female participants, fully disaggregated and cross-tabulated by sex and race or ethnicity and level of competition. (C) The total expenditures for the team from all sources, including school funds and funds provided by any other entities, such as booster organizations, including the following data: (i) The travel expenditures. (ii) The equipment expenditures (including any equipment replacement schedule). (iii) The uniform expenditures (including any uniform replacement schedule). (iv) The expenditures for facilities, including medical facilities, locker rooms, fields, and gymnasiums. (v) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such individual’s— (I) sex; and (II) employment status (including whether such individual is assigned to the team full-time or part-time, and whether such individual is a head or assistant trainer or medical services provider) and duties other than providing training or medical services. (vi) The expenditures for publicity for competitions. (vii) The total salary expenditures for coaches, including compensation, benefits, and bonuses, the total number of coaches, and for each coach an identification of such coach’s— (I) sex; and (II) employment status (including whether such coach is assigned to the team full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching. (D) The total number of competitive events (in regular and nontraditional seasons) scheduled, and for each an indication of what day of the week and time the competitive event was scheduled. (E) Whether such team participated in postseason competition, and the success of such team in any postseason competition. (c) Disclosure to students and public A school described in subsection (b) shall— (1) by October 15 of each year, make available to students, potential students, and parents of students and potential students, upon request, and to the public, the report and information required of the school under such subsection for such year; and (2) ensure that all students and parents at the school are informed of their right to request such report and information. (d) Submission; information availability On an annual basis, each school described in subsection (b) shall provide the report required under such subsection, and the information contained in such report, to the Secretary not later than 15 days after the date that the school makes such report and information available under subsection (c). (e) Duties of the Secretary The Secretary shall— (1) ensure that reports and information submitted under subsection (d) are available on the same public website, and searchable in the same manner, as the reports and information made available under section 485(g)(4)(B) of the Higher Education Act of 1965; and (2) not later than 180 days after the date of enactment of the Fair Play for Women Act — (A) notify all elementary schools and secondary schools in all States regarding the availability of the reports and information under subsection (c); and (B) issue guidance to all such schools on how to collect and report the information required under this section. . (2) Conforming amendment The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 8549C the following: Sec. 8549D. Disclosure of statistics on equality in elementary and secondary education athletic programs. . 6. Administrative enforcement through civil penalties Section 902 of the Education Amendments of 1972 ( 20 U.S.C. 1682 ) is amended— (1) by inserting (a) before Each Federal ; and (2) by adding at the end the following: (b) (1) The Secretary of Education shall determine, at the beginning of each year, each covered institution of higher education that was found during the prior year to be in noncompliance with a requirement of this title as part of an administrative proceeding under subsection (a). (2) If the Secretary determines under paragraph (1) that a covered institution of higher education was in such noncompliance during the prior year, the Secretary may impose a civil penalty on the institution. (3) If the Secretary determines under paragraph (1) that a covered institution of higher education was in such noncompliance during 2 or more of the prior 5 years, the Secretary shall— (A) require the institution to submit, not later than 120 days after receiving notice of the determination, a plan for coming into compliance with all requirements of this title; and (B) make the report publicly available. . 7. Private right of action Section 903 of the Education Amendments of 1972 ( 20 U.S.C. 1683 ) is amended— (1) by inserting (a) before Any department ; and (2) by adding at the end the following: (b) Right of action An individual who applies to participate, participates, or previously participated in an education program or activity covered under this title, offered by a covered institution of higher education, may bring an action in any Federal or State court of competent jurisdiction against the institution, alleging a violation of this title. The court may award such legal or equitable relief as may be appropriate for such a violation. The legal relief may include compensatory damages for emotional distress, humiliation, or pain and suffering. . 8. Training and information for athletes Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) is amended— (1) by repealing section 906; (2) by redesignating section 905 ( 20 U.S.C. 1685 ) as section 906; and (3) by inserting after section 904 the following: 905. Training and information (a) Training (1) Covered school systems (A) Employees Each covered school system shall ensure that each title IX coordinator, and that each employee who works with athletics or teaches physical education or health, for the school system receives, at least once per year, training on the rights under this title of students at elementary schools or secondary schools, and procedures for submitting complaints of violations of this title to the Office for Civil Rights of the Department of Education. (B) Elementary and secondary school athletes Each covered school system shall ensure that— (i) a title IX coordinator for the system provides training to athletes at elementary schools or secondary schools in the system on the rights of the athletes under this title, and procedures for submitting complaints of violations of this title to the Office for Civil Rights of the Department of Education; and (ii) each such athlete receives that training at least once per year. (C) Definitions In this paragraph, the terms elementary school and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Covered institutions of higher education (A) Employees Each covered institution of higher education shall ensure that each employee of the athletic department of the institution receives, at least once per year, training on the rights under this title of students at covered institutions of higher education, and procedures for submitting complaints of violations of this title to the Office for Civil Rights of the Department of Education. (B) Postsecondary school athletes Each covered institution of higher education shall ensure that— (i) an expert in matters relating to this title, who is not an employee of the institution’s athletic department, provides training to athletes at the institution on the rights of the athletes under this title, and procedures for submitting complaints of violations of this title to the Office for Civil Rights of the Department of Education; and (ii) each such athlete receives that training at least once per year. (b) Database The Secretary of Education shall establish and maintain a database of title IX coordinators, which shall be separate from the civil rights coordinators data maintained by the Office for Civil Rights of the Department of Education. The database shall include, at a minimum, the name, phone number, and email address for each title IX coordinator. The Secretary shall make the information in the database available to the public with, and by the same means as, reports made available under section 485(g)(4)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(g)(4)(B) ). . 9. Other definitions Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) is amended— (1) by redesignating section 909 as section 907A and moving that section 907A so as to follow section 907; and (2) by adding at the end the following: 909. Other definitions In this title: (1) Covered institution of higher education The term covered institution of higher education means an entity described in section 908(2)(A). (2) Covered school system The term covered school system means an entity described in section 908(2)(B). (3) Title IX coordinator The term title IX coordinator means the individual who coordinates the efforts of a covered school system to comply with, and carry out the system’s responsibilities under, this title. . 10. Rule of construction Nothing in this Act shall be construed to imply that intercollegiate athletic associations (as defined in section 2)— (1) are not covered by title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ); or (2) were not covered by that title on the day before the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5307is/xml/BILLS-117s5307is.xml |
117-s-5308 | II 117th CONGRESS 2d Session S. 5308 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Workforce Innovation and Opportunity Act to award grants to States to develop, convene, expand, or implement industry or sector partnerships, and for other purposes.
1. Short title This Act may be cited as the Community-Based Workforce Development Act . 2. Sectoral employment through career training for occupational readiness program, or sector program Subtitle D of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 et seq. ) is amended by adding at the end the following: 173. Sectoral employment through career training for occupational readiness program, or sector program (a) In general From amounts appropriated under subsection (e)(1), and not reserved under subsection (e)(2), the Secretary shall— (1) use 80 percent of such amounts to award grants under subsection (b) to each State to develop, convene, expand, or implement industry or sector partnerships; and (2) use 20 percent of such amounts to award grants under subsection (c), on a competitive basis, to eligible industry or sector partnerships for the purposes of expanding workforce development and employment opportunities for high-skill, high-wage, or in-demand industry sectors or occupations, as determined by the Secretary. (b) Formula grants (1) Distribution of funds (A) State allotment From the amount determined by the Secretary under subsection (a)(1), the Secretary shall allot funds to each State on the basis of the relative allotment the State received under section 132(b) for such fiscal year, compared to the total amount allotted to all States under section 132(b) for such fiscal year. (B) Local area allocations The Governor of the State shall use an amount allotted under subparagraph (A) to provide for the activities described in paragraph (2) by— (i) reserving funds for the State board; and (ii) distributing the remainder by— (I) allocating funds to each local area of the State on the basis of the relative allocation the local area received under section 133(b) for such fiscal year, compared to the total amount allocated to all local areas in the State under section 133(b) for such fiscal year; or (II) allocating funds to local areas of the State that have the highest rates of unemployment or low-income individuals, the highest numbers of dislocated workers, or the highest numbers of individuals with barriers to employment, in the State. (2) Use of funds The funds awarded under paragraph (1) may be used by the State board or a local area to— (A) develop, convene, or implement eligible industry or sector partnerships, as authorized under section 134(c)(1)(A)(v) or to expand the partnerships; (B) regularly convene such industry or sector partnerships in a collaborative structure to identify, develop, improve, expand, or implement training, employment, and growth opportunities for high-skill, high-wage, or in-demand industry sectors or occupations, including directly providing, or arranging for the provision of, the training or services described in subparagraph (B) or (C) of subsection (c)(3), in connection with those opportunities; and (C) strengthen the coordination between eligible industry or sector partnerships and the one-stop partners described in section 121, regarding activities carried out under this subsection and programs administered under subtitle B. (c) Competitive grants (1) Grants authorized From the amount determined by the Secretary under subsection (a)(2), the Secretary shall award grants, on a competitive basis, to eligible industry or sector partnerships to carry out programs for the purposes described in subsection (a)(2). (2) Application (A) Form and procedure To receive a grant under this subsection, the lead applicant on behalf of an eligible industry or sector partnership shall submit to the Secretary an application at such time, in such manner, and containing such information as specified by the Secretary, including a description of the training leading to the credentials described in paragraph (3)(B). (B) Contents An application submitted under paragraph (1) shall contain at a minimum each of the following: (i) An identification of the high-skill, high-wage, or in-demand industry sector or occupation on which such partnership is focused. (ii) A description of the activities to be carried out under the grant. (iii) A description of the workers that will be targeted for recruitment as program participants, how priority of service will be provided under the grant to unemployed individuals, low-income individuals, dislocated workers, or individuals with barriers to employment (with the 4 types of individuals referred to in this clause as covered individuals ), and how the activities will be designed to maximize access and eliminate barriers to entry to training and other related activities for such covered individuals. (iv) A description of other Federal or non-Federal resources that will be leveraged in support of the eligible industry or sector partnership (including through cash or in-kind contributions from private sector partners). (3) Uses of funds An eligible industry or sector partnership awarded a grant under this subsection shall use such grant funds— (A) to engage and regularly convene stakeholders in a collaborative structure to identify, develop, improve, expand, or implement training, employment, and growth opportunities for the high-skill, high-wage, or in-demand industry sector or occupation on which such partnership is focused; (B) to directly provide, or arrange for the provision of, high-quality, evidence-based training for the high-skill, high-wage, or in-demand industry sector or occupation on which such partnership is focused, which shall include training that leads to the attainment of nationally or regionally portable and stackable recognized postsecondary credentials for the industry sector or occupation described in subparagraph (A) and which shall include— (i) training services authorized under section 134(c)(3)(D); (ii) apprenticeship programs or pre-apprenticeship programs; or (iii) training provided through labor organizations or joint labor-management partnerships; and (C) to directly provide, or arrange for the provision of, services to help individuals with barriers to employment and other participants complete and successfully transition out of training described in subparagraph (B), which services shall include career services, supportive services, and the provision of needs-related payments authorized under subsections (c)(2), (d)(2), and (d)(3) of section 134. (4) Priority in selection of grants The Secretary shall give priority consideration to applications that demonstrate the ability of the partnership involved to serve eligible individuals in targeted economic regions that— (A) are experiencing high poverty; (B) have traditionally been underserved by regional economic development and sector partnership activities (including rural areas); (C) are facing or at risk of facing significant worker dislocation due to a disruption or change in the regional or State economy or labor market; or (D) have high numbers of— (i) disadvantaged youth (as defined in section 127(b)(2)(C)) and disadvantaged adults (as defined in section 132(b)(1)(B)(v)(IV)); and (ii) unemployed individuals, within the meaning of section 6(b)(1)(B) of the Wagner-Peyser Act ( 29 U.S.C. 49e(b)(1)(B) ) and unemployed individuals in areas of substantial unemployment, within the meaning of section 127(b)(1)(C)(ii)(I). (5) Definitions In this subsection: (A) Area of substantial unemployment The term area of substantial unemployment has the meaning given the term in section 127(b)(2)(B). (B) Evidence-based The term evidence-based , used with respect to an activity, means an activity that meets the requirements of clause (i) or (ii) of section 8101(21)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(21)(A) ). (C) Preapprenticeship program The term preapprenticeship program means a program that prepares participants for, and articulates to, an apprenticeship program. (D) Supportive services The term supportive services includes— (i) the provision of direct support services (such as child care, transportation, and mental health and substance use disorder treatment); (ii) assistance in obtaining health insurance coverage; and (iii) assistance in accessing benefits through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), benefits through the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ), housing, and other benefits, as appropriate. (d) Program accountability and evaluation (1) In general The Secretary shall annually measure the performance of grant recipients carrying out activities under grants awarded under this section on— (A) the primary indicators of performance covered by clauses (i) through (iv) of section 116(b)(2)(A) and expected levels of performance relating to such indicators; and (B) such additional measures as the Secretary determines to be appropriate, which may include measures of skills attainment, wage or career progression, and training-related employment, and additional job quality measures. (2) Evaluation Not later than 2 years after the first award of funds under this section is made the Secretary (acting through the Chief Evaluation Officer) shall design and conduct an evaluation to evaluate the effectiveness of the program carried out under this section. (3) Publication The Secretary shall— (A) publish on a publicly accessible website the outcomes for grant recipients on the measurements conducted under paragraph (1) and the evaluation conducted under paragraph (2); and (B) submit a report containing the outcomes on the measurements and evaluation to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (e) Authorization of appropriations; reservations (1) Authorization of appropriations There are authorized to be appropriated to carry out this section— (A) such sums as may be necessary for fiscal year 2023; (B) such sums as may be necessary for fiscal year 2024; (C) such sums as may be necessary for fiscal year 2025; (D) such sums as may be necessary for fiscal year 2026; (E) such sums as may be necessary for fiscal year 2027; and (F) such sums as may be necessary for fiscal year 2028. (2) Reservation of funds Of the funds appropriated under paragraph (1) for a fiscal year, the Secretary may reserve not more than 5 percent, which— (A) may be used for administration of the program described in this section, in addition to any other funds available for such administration, including providing comprehensive technical assistance, targeted outreach to eligible industry or sector partnerships serving local areas with high unemployment rates or high percentages of low-income individuals, dislocated workers, or individuals with barriers to employment, and oversight to support eligible industry or sector partnerships; and (B) shall be used for the measurement, evaluation, publication, and reporting described in subsection (d). (f) Definitions In this section: (1) Apprenticeship The term apprenticeship means a position in an apprenticeship program. (2) Apprenticeship program The term apprenticeship program means an apprenticeship program registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a State apprenticeship agency recognized by the Office of Apprenticeship pursuant to 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. ). (3) Eligible industry or sector partnership The term eligible industry or sector partnership means— (A) an industry or sector partnership, which shall, at a minimum, include multiple representatives described in each of clauses (i) through (iii) of paragraph (26)(A) of section 3; or (B) a partnership, of multiple entities described in section 3(26) and a State board or local board, that is in the process of establishing an industry or sector partnership described in subparagraph (A) for the purposes of carrying out activities under a grant awarded under this section. (4) Lead applicant The term lead applicant means a nonprofit applicant for a grant under this section that is— (A) a State board, local board, institution of higher education (as defined in section 101 or 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1001 , 1002(c))), joint labor-management partnership, labor organization, industry association, intermediary, or community-based organization; or (B) another State or regional nonprofit organization with experience in developing, convening, expanding, and implementing an industry or sector partnership. (g) Special rule Any funds made available under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term in this section, including any funds awarded through grants, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program. . 3. Table of contents The table of contents in section 1(b) of the Workforce Innovation and Opportunity Act is amended by inserting after the item relating to section 172, the following: Sec. 173. Sectoral employment through career training for occupational readiness program, or sector program. . | https://www.govinfo.gov/content/pkg/BILLS-117s5308is/xml/BILLS-117s5308is.xml |
117-s-5309 | II 117th CONGRESS 2d Session S. 5309 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit a Federal law enforcement officer from using lethal force or less lethal force unless such force is necessary, to encourage States to adopt similar laws or policies, and for other purposes.
1. Short title This Act may be cited as the Police Exercising Absolute Care with Everyone Act of 2022 or the PEACE Act of 2022 . 2. Use of force by Federal law enforcement officers (a) Definitions In this section: (1) Deescalation tactics and techniques The term deescalation tactics and techniques means proactive actions and approaches used by a Federal law enforcement officer to stabilize a situation, taking as much time as appropriate, without using physical force or the threat of physical force, so that more options and resources are available to gain the voluntary compliance of an individual and reduce or eliminate the need to use force, including verbal persuasion, warnings, tactical techniques, slowing down the pace of an incident, waiting out a subject, creating distance between the officer and the threat, and requesting additional resources to resolve an incident. (2) Federal law enforcement officer The term Federal law enforcement officer has the meaning given such term in section 115 of title 18, United States Code. (3) Imminent threat The term imminent threat — (A) means— (i) an individual creating a risk of harm to others with the present ability, opportunity, and apparent intent to immediately cause the harm that is threatened; and (ii) a risk that, based on the information available at the time, must be immediately confronted and addressed; and (B) does not include merely a fear of future harm. (4) Less lethal force; lethal force The terms less lethal force and lethal force have the meanings given those terms in section 1123 of title 18, United States Code, as added by this section. (5) Necessary The term necessary , with respect to a use of force, means that a reasonable Federal law enforcement officer would objectively conclude, under the totality of the circumstances, that there was no reasonable, less harmful alternative to the force the Federal law enforcement officer used. (6) Proportional The term proportional , with respect to a use of force, means the potential harm likely to be caused through the force used by a Federal law enforcement officer does not outweigh the benefit to be gained through achieving the direct and legitimate law enforcement objective. (7) Reasonable alternatives The term reasonable alternatives means tactics and methods used by a Federal law enforcement officer to effectuate an arrest that do not unreasonably increase the risk posed to the law enforcement officer or another individual, including verbal communication, distance, warnings, deescalation tactics and techniques, tactical repositioning, and other tactics and techniques intended to stabilize a situation and reduce the immediacy of a risk so that more time, options, and resources can be called upon to resolve a situation without the use of force. (8) Totality of the circumstances The term totality of the circumstances means all credible facts known to the Federal law enforcement officer leading up to and at the time of the use of force, including the actions of the individual against whom the Federal law enforcement officer uses such force and the actions of the Federal law enforcement officer. (b) Prohibition on less lethal force (1) In general A Federal law enforcement officer may not use any less lethal force unless such force— (A) is the least amount of force that is necessary and proportional— (i) in order to prevent an imminent threat of physical injury to the Federal law enforcement officer or another individual; or (ii) to effectuate an arrest of an individual whom the Federal law enforcement officer has probable cause to believe has committed a criminal offense; and (B) is used only after available and reasonable alternatives to the use of less lethal force have been exhausted. (2) Requirement to reduce and cease the use of force With respect to the use of any less lethal force, a Federal law enforcement officer shall— (A) immediately reduce such force as the threat diminishes; and (B) cease the use of such force as soon as— (i) the individual on whom the force is used is under the control of the Federal law enforcement officer or no longer poses a threat of physical injury to another individual; or (ii) the Federal law enforcement officer determines that force will no longer accomplish, or is no longer necessary to accomplish, a legitimate law enforcement objective. (c) Prohibition on use of lethal force (1) In general A Federal law enforcement officer may not use lethal force against an individual unless— (A) such force is necessary and proportional as a last resort to prevent imminent and serious bodily injury or death to the Federal law enforcement officer or another individual; (B) the use of such force creates no substantial risk of injury to a third person; and (C) the available and reasonable alternatives to the use of such force have been exhausted. (2) Clarification A Federal law enforcement officer may not use lethal force against an individual who poses a danger only to himself or herself. (d) Requirement To give verbal warning When feasible, prior to using force against an individual, a Federal law enforcement officer shall identify himself or herself as a Federal law enforcement officer and issue a verbal warning to the individual that the Federal law enforcement officer seeks to apprehend, which shall— (1) include a request that the individual surrender to the law enforcement officer; and (2) notify the individual that the law enforcement officer may use force against the individual if the individual resists arrest or flees. (e) Guidance on use of force Not later than 120 days after the date of enactment of this Act, the Attorney General, in consultation with impacted individuals, communities, and organizations, including representatives of civil and human rights organizations, victims of law enforcement officer use of force, and representatives of law enforcement associations, shall provide guidance to Federal law enforcement agencies— (1) on the types of less lethal force and lethal force that are prohibited under subsections (b) and (c); (2) on how a Federal law enforcement officer can assess whether the use of force is appropriate and necessary; and (3) which shall account for special consideration when interacting with— (A) pregnant individuals; (B) children and youth under 21 years of age; (C) elderly individuals; (D) physically frail individuals; (E) individuals with mental, behavioral, or physical disabilities or impairments; (F) individuals experiencing perceptual or cognitive impairments due to use of alcohol, narcotics, hallucinogens, or other drugs; (G) individuals suffering from a serious medical condition; and (H) individuals with limited English proficiency. (f) Limitation on justification defense (1) In general Chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. Limitation on justification defense for Federal law enforcement officers. (a) Definitions In this section: (1) Federal law enforcement officer The term Federal law enforcement officer has the meaning given such term in section 115. (2) Less lethal force The term less lethal force means any force that is less than lethal force. (3) Lethal force The term lethal force means any force that creates a substantial risk of causing death or serious bodily injury, including— (A) the discharge of a firearm; (B) a maneuver that restricts blood or oxygen flow to the brain, including chokeholds, strangleholds, neck restraints, neck-holds, and carotid artery restraints; and (C) the use of a weapon of less lethal force in a manner that creates a substantial risk of death or serious bodily injury, including repeated or prolonged discharges of an electronic control weapon and firing a kinetic impact projectile weapon at the head of an individual. (b) Use of force It is not a defense to an offense under section 1111 or 1112 that the use of less lethal force or lethal force by a Federal law enforcement officer was justified if— (1) the use of use of such force by the officer was inconsistent with section 2 of the Police Exercising Absolute Care with Everyone Act of 2022 ; or (2) the actions of the officer, leading up to and at the time of the use of the force, contributed to the necessity of the use of such force. . (2) Clerical amendment The table of sections for chapter 51 of title 18, United States Code, is amended by inserting after the item relating to section 1122 the following: 1123. Limitation on justification defense for Federal law enforcement officers. . 3. Limitation on the receipt of funds under the Edward Byrne Memorial Justice Assistance Grant Program (a) Limitation A State or unit of local government, other than an Indian Tribe, may not receive funds that the State or unit of local government would otherwise receive 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. ) (commonly known as the Edward Byrne Memorial Justice Assistance Grant Program ) for any fiscal year in which the State or unit of local government does not have in effect a law, with respect to the use of force by law enforcement officers of the State or unit of local government, that is consistent with section 2 of this Act and section 1123 of title 18, United States Code, as determined by the Attorney General. (b) Subsequent enactment If funds described in subsection (a) are withheld from a State or unit of local government pursuant to that subsection and the State or unit of local government subsequently enacts or puts in place a law described in that subsection and demonstrates substantial efforts to enforce such law, the State or unit of local government shall be eligible, in the fiscal year after the fiscal year during which the State or unit of local government demonstrates such substantial efforts, to receive the total amount that the State or unit of local government would have received during each fiscal year for which funds were withheld, not to exceed the total that such State or unit of local government would have received for a 5-year period. (c) Guidance Not later than 120 days after the date of enactment of this Act, the Attorney General, in consultation with impacted individuals, communities, and organizations, including representatives of civil and human rights organizations, individuals against whom a law enforcement officer used force, and representatives of law enforcement associations, shall make guidance available to States and units of local government on the criteria that the Attorney General will use in determining whether the State or unit of local government has in place a law described in subsection (a). (d) Application This section shall apply to the first fiscal year that begins on or after the date that is 1 year after the date of the enactment of this Act, and to each fiscal year thereafter. | https://www.govinfo.gov/content/pkg/BILLS-117s5309is/xml/BILLS-117s5309is.xml |
117-s-5310 | II 117th CONGRESS 2d Session S. 5310 IN THE SENATE OF THE UNITED STATES December 20, 2022 Ms. Rosen introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ensure that mental and behavioral health education and training grants awarded under section 756(a)(4) of the Public Health Service Act may be used for training to increase skills and capacity to meet the needs of children and adolescents who have experienced trauma.
1. Short title This Act may be cited as the Helping Kids Through Trauma Act . 2. Use of Graduate Psychology Education Program funds Section 756(a)(4) of the Public Health Service Act ( 42 U.S.C. 294e–1(a)(4) ) is amended by inserting , including training to increase skills and capacity to meet the needs of children and adolescents who have experienced trauma before the period at the end. | https://www.govinfo.gov/content/pkg/BILLS-117s5310is/xml/BILLS-117s5310is.xml |
117-s-5311 | II 117th CONGRESS 2d Session S. 5311 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Portman (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To reform the resources available to the Internal Revenue Service, and for other purposes.
1. Short title This Act may be cited as the IRS Customer Service and Transformation Act of 2022 . 2. Purpose The purpose of this Act is to address processing backlogs with respect to income tax returns and improve taxpayer services, including by— (1) establishing customer service and technology modernization objectives, allowing for hiring flexibility, and providing taxpayer support; (2) modernizing information technology to effectively upgrade and integrate Internal Revenue Service systems, provide additional electronic forms and filing, and enhance digital taxpayer services; and (3) conducting research on how the Internal Revenue Service can support taxpayers, increase compliance, and increase the efficiency of Internal Revenue Service activities through the use of improved methods and technology. 3. Improving customer service and technology at the Internal Revenue Service (a) Multi-Year operational plan (1) Initial plan Not later than 6 months after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to Congress a plan detailing how the Commissioner intends to meet customer service and technology modernization objectives, modernize information technology, and implement improved methods and technology to support taxpayers and increase the efficiency of Internal Revenue Service tax return and correspondence processing, including a specific timeline and detailed description of which elements of the Taxpayer First Act Report (as submitted to Congress on January 1, 2021) would be implemented and the amount and source of any funding required. (2) Semiannual updates Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including— (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. (3) Reports by Government Accountability Office For each calendar year after 2022 and before 2032, the Comptroller General shall report to the Committees on Finance, Appropriations, and Governmental Affairs of the Senate, and to the Committees on Ways and Means, Appropriations, and Government Reform and Oversight of the House of Representatives, with respect to— (A) strategic and business plans for the Internal Revenue Service; (B) progress of the Internal Revenue Service in meeting its objectives; (C) the budget for the Internal Revenue Service and whether it supports its objectives; (D) progress of the Internal Revenue Service in improving taxpayer service and compliance; (E) progress of the Internal Revenue Service on technology modernization; (F) the status and progress of processing backlogs for taxpayer returns and correspondence; and (G) the status and progress of plan described in paragraph (1). (b) Customer service and electronic filing requirements (1) Customer service (A) In general Not later than January 1, 2025, the Internal Revenue Service shall, to the extent possible— (i) with respect to level-of-service measures (including all communication channels, such as phones and secure messaging) for wait-and-response times (as determined based on data for the most recently completed 3-year period), attain not less than 90 percent level-of-service; (ii) employ callback service on not less than 95 percent of telephone calls made by taxpayers which are not answered within 3 minutes; (iii) process all taxpayer correspondence not later than 45 days following the date of receipt; and (iv) develop and deploy technology for secure communication with taxpayers through e-mail, secure messaging, text messages, video teleconferencing, or other similar technologies. (B) Adjustment (i) In general The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. (ii) Report In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to— (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. (2) Electronic forms and filing (A) Forms Not later than January 1, 2026, any forms used by the Internal Revenue Service which are made available to the public shall— (i) bear a code that, when scanned, converts such form to electronic format (or which is functionally similar or applies more up-to-date technology); (ii) allow for optical character recognition software (or functionally similar technology) to transcribe all paper returns which do not contain the technology described in clause (i); and (iii) be permitted to be filed electronically within 90 days of release, including— (I) automated translation of such forms into other languages; and (II) establishment of secure digital signature technology. (B) Digitization of forms Not later than January 1, 2026, Internal Revenue Service Forms 941, 1040, 1040X, 1065, 1120, and any other such form which is identified by the Secretary of the Treasury or the Secretary's delegate (including any successor form), shall contain the most up-to-date technology which allows for the conversion of paper-filed returns to an electronic format. 4. Counsel in the Office of the Taxpayer Advocate (a) In general Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended— (1) in subclause (I), by striking and at the end, (2) in subclause (II), by striking the period at the end and inserting ; and , and (3) by adding at the end the following: (III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate. . (b) Purpose The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 ( Public Law 105–206 ), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s5311is/xml/BILLS-117s5311is.xml |
117-s-5312 | II 117th CONGRESS 2d Session S. 5312 IN THE SENATE OF THE UNITED STATES December 20, 2022 Ms. Warren (for herself and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Administrator of the Federal Aviation Administration to enter into appropriate arrangements with the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine to provide for a report on the health impacts of air traffic noise and pollution, and for other purposes.
1. Short title This Act may be cited as the Air Traffic Noise and Pollution Expert Consensus Act of 2022 . 2. Health impacts of air traffic noise and pollution (a) Study The Administrator of the Federal Aviation Administration shall enter into appropriate arrangements with the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine under which the Division will— (1) not later than 30 days after the date of enactment of this Act, convene a committee of experts in health and environmental science to examine the various health impacts of air traffic noise and pollution; and (2) issue a corresponding expert consensus report that sets forth current scientific knowledge relating to the various health impacts of air traffic noise and pollution. (b) Report Upon completion of the consensus report required by subsection (a)(2), the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine shall transmit a copy of the report to— (1) the Administrator of the Federal Aviation Administration; (2) the Secretary of Health and Human Services; (3) the Administrator of the Environmental Protection Agency; (4) the Committee on Transportation and Infrastructure and the Committee on Oversight and Reform of the House of Representatives; and (5) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate. | https://www.govinfo.gov/content/pkg/BILLS-117s5312is/xml/BILLS-117s5312is.xml |
117-s-5313 | II 117th CONGRESS 2d Session S. 5313 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of Housing and Urban Development to establish an excess urban heat mitigation grant program, and for other purposes.
1. Short title This Act may be cited as the Excess Urban Heat Mitigation Act of 2022 . 2. Findings Congress finds the following: (1) Heat stress is a leading weather-related cause of death in the United States, with more than 600 people killed in the United States by extreme heat every year, and many more experiencing respiratory problems and heat-related illness. (2) Urban areas are likely to experience higher temperatures than surrounding areas due to design-related attributes of the built environment, including manmade factors such as low solar reflectance, low tree cover, high building density, high impervious surface cover, and waste heat emissions. (3) Underserved communities are disproportionately impacted by extreme heat. In the United States, low-income census blocks have 15.2 percent less tree cover and an average land surface temperature that is 1.5 degrees Celsius hotter than high-income blocks. (4) Studies show that in 97 percent of the largest urbanized areas in the United States, people of color live in census tracts with higher surface urban heat intensity than non-Hispanic Whites, indicating that heat exposure is unequally distributed by race. (5) Urban heat is not only a public health threat but also an economic one, as rising heat leads to increased roadway maintenance costs, higher residential and commercial summer energy costs, and lost labor productivity, as well as the cost to patients and health care infrastructure for heat-related hospitalizations and emergency department visits. (6) Excess urban heat causes increased energy consumption, elevated emission of air pollutants and greenhouse gases, and impaired water quality. (7) Heat waves are expected to not only occur more frequently in the United States but also be of longer duration, lasting 10 to 20 days longer by the end of the century. (8) Solutions exist that communities can implement now to mitigate the challenge of urban heat. One example is the planting of urban trees to offset or reverse the urban heat island effect. Studies in multiple cities in the United States have shown that urban trees can offset projected increases in heat-related mortality in 2050 by 40 to 99 percent. 3. Definitions In this Act: (1) Covered census tract The term covered census tract means a census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the American Community Survey of the Bureau of the Census for the period of 2014 through 2018, including such a census tract that includes an area that was designated as hazardous or definitely declining in maps drawn by the Home Owners’ Loan Corporation. (2) Covered grant The term covered grant means a grant awarded under section 4(a). (3) Eligible entity The term eligible entity means— (A) a State (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 )); (B) a metropolitan planning organization; (C) a unit of general local government (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 )); (D) an Indian tribe (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 )); (E) a territorial government; (F) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (E); and (G) a consortium of nonprofit organizations. (4) Eligible project The term eligible project — (A) means a project designed to mitigate heat in an urban area by— (i) working to combat the causes of higher temperatures; or (ii) mitigating the impacts of higher temperatures or other extreme weather events; and (B) includes the implementation, construction, or maintenance of— (i) tree planting and maintenance with, wherever possible, preference for— (I) native tree species; (II) tree species with high shade production and carbon sequestration; and (III) tree species that provide edible fruit and nuts; (ii) cool pavements; (iii) cool roofs; (iv) green roofs; (v) bus stop shelters; (vi) shade structures; (vii) cooling centers with, wherever possible, preference for— (I) cooling centers that collaborate with existing community centers and spaces; (II) cooling centers with year-round accessibility; and (III) cooling centers that utilize renewable energy; (viii) community gardens, including agroforestry practices; (ix) outreach to communities about resources available under this section; (x) local heat mitigation education efforts; or (xi) other actions the Secretary determines appropriate to address or mitigate excess urban heat. (5) Environmental justice The term environmental justice means the fair treatment and meaningful involvement of all people regardless of race, color, culture, national origin, income, and educational levels with respect to the development, implementation, and enforcement of protective environmental laws, regulations, and policies. (6) Excess urban heat effect The term excess urban heat effect means the phenomenon of local urban warming, resulting from manmade factors such as low solar reflectance, low tree cover, high building density, high impervious surface cover, and waste heat emissions. (7) Extreme heat The term extreme heat means a prolonged period of excessively hot weather, with temperatures well above climatological normals for a given location and season. (8) Nonprofit organization The term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (9) Secretary The term Secretary means the Secretary of Housing and Urban Development. (10) Urban area The term urban area has the meaning given the term in section 101(a) of title 23, United States Code. 4. Urban heat mitigation grant program (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Office of Community Planning and Development, in coordination with the Administrator of the Environmental Protection Agency, the Chief of the Forest Service, and the Director of the Climate Program Office of the National Oceanic and Atmospheric Administration, shall establish an urban heat mitigation grant program to award grants to eligible entities to implement eligible projects. (b) Set-Aside Not less than 75 percent of the amounts of covered grants awarded for a fiscal year shall be awarded to eligible entities to implement projects in a covered census tract. (c) Technical assistance (1) In general Not more than 3 percent of amounts appropriated to carry out this section may be used to provide technical assistance to eligible entities applying for or implementing a covered grant. (2) Preference In providing technical assistance under paragraph (1), the Secretary shall give preference to eligible entities that intend to serve communities— (A) located in a covered census tract; or (B) with lower-tree canopy and higher maximum daytime summer temperatures compared to surrounding communities, as determined by the Secretary, based on publicly available information. (3) Inclusions Technical assistance provided under paragraph (1) may include— (A) assistance developing a complete application; (B) financial analysis and budget development; (C) support for project integration; (D) assessment of project readiness; and (E) technical assistance implementing activities once a covered grant is received. (d) Application (1) In general An eligible entity desiring a covered grant shall submit to the Secretary an application, at such time and in such manner as required by the Secretary in guidance, that includes, at a minimum— (A) how the eligible entity will use the covered grant; (B) how the eligible projects funded will combat extreme heat or excess urban heat effects and improve quality of life for impacted communities; (C) a robust engagement plan that— (i) outlines how the eligible entity will meaningfully engage with the communities in which the eligible projects take place throughout project implementation; and (ii) demonstrates how the eligible entity plans to— (I) foster meaningful, reciprocal relationships with community-based organizations; (II) engage in respectful, good-faith consultation with diverse community stakeholders; and (III) empower members of the community to participate in decision making; and (D) how the eligible entity will address the intersection between human health, environment, and built environment. (2) Guidance Not later than 180 days after the date of enactment of this Act, the Secretary shall issue the guidance described in paragraph (1). (e) Matching requirement (1) In general Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out with amounts from a covered grant shall be not more than 80 percent. (2) Waiver The Secretary may increase the maximum Federal share described in paragraph (1) from 80 percent to 100 percent for an eligible project carried out by an eligible entity that demonstrates economic hardship, as determined by the Secretary. (f) Priority In awarding covered grants, the Secretary shall give priority to an eligible entity that serves— (1) a community located in a covered census tract; or (2) a community with lower tree canopy and higher maximum daytime summer temperatures compared to surrounding communities, as determined by the Secretary, based on publicly available information. (g) Reporting requirement The Secretary shall submit an annual report to Congress that identifies the recipients of covered grants and the geographic and economic distribution of those recipients. (h) Oversight (1) In general In order to ensure the effectiveness of projects that are carried out using covered grants, the Secretary shall use not more than 5 percent of any amounts appropriated to carry out this section to establish an oversight board to help— (A) select recipients of covered grants; and (B) review the progress made by recipients of covered grants on a yearly basis. (2) Evaluation The board established under paragraph (1) shall— (A) develop and apply a rubric to evaluate the success of projects carried out using covered grants in reaching their objective to combat the causes and effects of excess urban heat; and (B) serve the Secretary in an advisory capacity. (3) Membership (A) In general Members of the board established under paragraph (1) may include— (i) representatives from the Environmental Protection Agency, particularly from the Heat Island Reduction Program; (ii) representatives from the Department of Health and Human Services, particularly from the Office of Climate Change and Health Equity; (iii) representatives from the Department of Energy, particularly from the Office of Energy Efficiency and Renewable Energy; (iv) representatives from the Department of Agriculture, particularly from the Urban and Community Forestry Program; (v) subject to subparagraph (B), representatives from nonprofit organizations with proven leadership in urban heat mitigation or environmental justice, as determined by the Secretary; and (vi) subject to subparagraph (B), representatives from academia and research studying the effects of and mitigation of excess urban heat, environmental justice, or related areas. (B) Certification required In order to be a member of the board established under paragraph (1), a representative described in clause (v) or (vi) of subparagraph (A) of this paragraph shall certify that the representative does possess any conflict of interest with respect to projects being considered for a covered grant or being carried out using a covered grant. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2023 through 2030. | https://www.govinfo.gov/content/pkg/BILLS-117s5313is/xml/BILLS-117s5313is.xml |
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