legis_id
stringlengths 7
15
| text
stringlengths 248
4.78M
| url
stringlengths 71
89
|
|---|---|---|
117-s-4714 | II 117th CONGRESS 2d Session S. 4714 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Rubio (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Uyghur Human Rights Policy Act of 2020 to impose additional sanctions relating to human rights abuses in the Xinjiang Uyghur Autonomous Region.
1. Short title This Act may be cited as the Sanctioning Supporters of Slave Labor Act . 2. Imposition of additional sanctions relating to human rights abuses in the Xinjiang Uyghur Autonomous Region (a) In general Section 6 of the Uyghur Human Rights Policy Act of 2020 ( Public Law 116–145 ; 22 U.S.C. 6901 note) is amended— (1) in subsection (a)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: (2) Additional matters to be included The President shall include in the report required by paragraph (1) an identification of— (A) each foreign person that knowingly provides significant goods, services, or technology to or for a person identified in such report; and (B) each foreign person that knowingly engages in a significant transaction relating to any of the acts described in subparagraphs (A) through (F) of paragraph (1). ; and (2) in subsection (b), by striking subsection (a)(1) and inserting subsection (a) . (b) Effective date The amendments made by subsection (a)— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to each report required by section 6(a) of the Uyghur Human Rights Policy Act of 2020 submitted before, on, or after such date of enactment. | https://www.govinfo.gov/content/pkg/BILLS-117s4714is/xml/BILLS-117s4714is.xml |
117-s-4715 | II 117th CONGRESS 2d Session S. 4715 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Menendez (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To call for the immediate extradition or return to the United States of convicted felon Joanne Chesimard, William “Guillermo” Morales, and all other fugitives who are receiving safe haven in Cuba to escape prosecution or confinement for criminal offenses committed in the United States.
1. Short title This Act may be cited as the Trooper Werner Foerster and Frank Connor Justice Act . 2. Findings Congress makes the following findings: (1) Joanne Chesimard, who is on the Federal Bureau of Investigation’s list of Most Wanted Terrorists, is believed to be receiving safe haven in Cuba to escape confinement for criminal offenses committed in the United States. (2) On May 2, 1973, Ms. Chesimard, a member of the Black Liberation Army extremist organization, and 2 accomplices opened fire on 2 New Jersey State troopers during a motor vehicle stop. Ms. Chesimard and her accomplices wounded 1 State trooper and executed State Trooper Werner Foerster at point-blank range. (3) After a 6-week trial in March 1977, Ms. Chesimard was found guilty of first-degree murder and sentenced to life imprisonment. On November 2, 1979, Ms. Chesimard, aided by armed individuals posing as visitors, escaped from what is now the Edna Mahan Correctional Facility for Women and fled to Cuba. (4) William Guillermo Morales, a bomb-maker for the terrorist organization Fuerzas Armadas de Liberación Nacional, is credibly believed to have committed numerous terrorist attacks on United States soil, including the bombings of Fraunces Tavern in lower Manhattan on January 25, 1975, and of the Mobil Oil employment office in New York on August 3, 1977. Among those killed in the bombing of Fraunces Tavern was Mr. Frank Connor of New Jersey. (5) Following hospitalization in Bellevue Hospital in July 1978 after a bomb he was constructing exploded prematurely, William Guillermo Morales escaped to Mexico and made his way to Cuba before June 1988. (6) Other fugitives from the United States who have been charged with offenses, such as hijacking, kidnapping, drug trafficking, and murder, are believed to be receiving safe haven in Cuba. Fugitives from the United States who are currently residing in Cuba include— (A) Charlie Hill, a member of the Republic of New Afrika militant group who stands accused of killing a policeman in New Mexico in 1971 before hijacking a passenger plane and obtaining asylum in Cuba; and (B) Victor Manuel Gerena, a member of the Puerto Rican terrorist group Los Macheteros who stole a Wells Fargo armored car in Connecticut containing over $7,000,000 in November 1983 before escaping to Cuba and remained on the Federal Bureau of Investigation’s Ten Most Wanted Fugitives list for more than 32 years. (7) The Treaty Between the United States and Cuba for the Mutual Extradition of Fugitives from Justice, done at Washington, DC, April 6, 1904 (33 Stat. 2265), and the Additional Extradition Treaty Between the United States and Cuba, done at Havana, Cuba January 14, 1926 (44 Stat. 2392), constitute bilateral extradition treaties between the United States and Cuba. (8) The Government of Cuba has previously returned fugitives from the United States, including— (A) Jesse James Bell, a United States citizen wanted on 15 drug charges who was returned to the United States in January 2002; (B) Leonard B. Auerbach, a United States citizen wanted on Federal child sex crimes charges who was returned to the United States in June 2008; and (C) James Ray III, a United States citizen and New Jersey resident accused of murdering his girlfriend, who was returned to the United States in November 2018. 3. Sense of Congress It is the sense of Congress that— (1) Joanne Chesimard, William Guillermo Morales, and all other fugitives receiving safe haven in Cuba to escape prosecution or confinement for criminal offenses committed in the United States must be extradited or returned immediately to the United States, consistent with the Government of Cuba’s obligations pursuant to its extradition treaties with the United States; and (2) the Secretary of State and the Attorney General should leverage all appropriate diplomatic and policy tools to secure the timely extradition or return of all fugitives residing in Cuba to face justice in the United States. 4. Annual report and determination on fugitives from the United States in Cuba (a) In general The Secretary of State, in coordination with the Attorney General, shall raise the issue of fugitives from the United States receiving safe haven in Cuba as part of bilateral conversations with the Government of Cuba. (b) Report Not later than 180 days after the date of the enactment of this Act, and annually thereafter until the date specified in subsection (c), the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that— (1) identifies steps taken by the Department of State to advance efforts to secure the extradition or return of Joanne Chesimard, William Guillermo Morales, and other fugitives from the United States who are residing in Cuba; (2) includes a determination as to whether the Government of Cuba is actively fulfilling its obligations under the bilateral extradition treaties described in section 2(6) between the United States and Cuba; and (3) to the extent feasible, includes an estimate of the number of fugitives from the United States who are receiving safe haven in Cuba. (c) Sunset The Secretary of State is not required to submit the report described in subsection (b) after the date on which the Secretary submits a second consecutive annual report under such subsection that includes a determination that the Government of Cuba— (1) is actively fulfilling its extradition obligations; and (2) is returning fugitives of the United States who are residing in Cuba. 5. Prohibition on the use of INCLE funding in Cuba Amounts deposited into the International Narcotics Control and Law Enforcement account to carry out the activities authorized under section 481(a)(4) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291(a)(4) ) may not be used for programs or initiatives in Cuba until the Government of Cuba is in compliance with— (1) the conditions set forth in paragraphs (1) and (2) of section 4(c) of this Act; and (2) the conditions set for the resumption of economic activity between the United States and Cuba pursuant to law, including the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6021 et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-117s4715is/xml/BILLS-117s4715is.xml |
117-s-4716 | II 117th CONGRESS 2d Session S. 4716 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require inspectors general to offer a briefing of the contents of each semiannual report to the appropriate committees or subcommittees of Congress, and for other purposes.
1. Short title This Act may be cited as the Secret Service Transparency and Accountability Act . 2. Amendments to the Inspector General Act of 1978 The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 5— (A) by redesignating subsection (f) as subsection (g); and (B) by inserting after subsection (e) the following: (f) Each Inspector General shall offer a briefing of the contents of each semiannual report prepared under this section to the appropriate committees or subcommittees of Congress with jurisdiction over the Inspector General, or at the request of any Member, committee, or subcommittee of Congress. ; (2) in section 6(a)(1)(B), in the matter preceding clause (i), by inserting including any provision of law that restricts the release of records outside of a Federal agency, after other provision of law, ; and (3) in section 8I(b), by inserting may not be delegated and after paragraph (2) . | https://www.govinfo.gov/content/pkg/BILLS-117s4716is/xml/BILLS-117s4716is.xml |
117-s-4717 | II 117th CONGRESS 2d Session S. 4717 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Bennet (for himself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To authorize the Director of the Bureau of Land Management and the Director of the National Park Service to carry out activities to control the movement of aquatic invasive species into, across, and out of Federal land and waters, to provide for financial assistance from the Commissioner of Reclamation to Reclamation States for watercraft inspection and decontamination stations, to amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to make certain technical corrections, and for other purposes.
1. Short title This Act may be cited as the Stop the Spread of Invasive Mussels Act of 2022 . 2. Definitions In this Act: (1) Aquatic Nuisance Species Task Force The term Aquatic Nuisance Species Task Force means the Aquatic Nuisance Species Task Force established by section 1201(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721(a) ). (2) Federal land and water The term Federal land and water means Federal land and water operated and maintained by the Bureau of Land Management or the National Park Service, as applicable. (3) Indian tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) Inspection The term inspection means an inspection to prevent and respond to biological invasions of an aquatic ecosystem. (5) Partner The term partner means— (A) a Reclamation State; (B) an Indian Tribe in a Reclamation State; (C) an applicable nonprofit organization in a Reclamation State; or (D) a unit of local government in a Reclamation State. (6) Reclamation State (A) In general The term Reclamation State means any State in which a Bureau of Reclamation reservoir is located. (B) Inclusions The term Reclamation State includes any of the States of— (i) Alaska; (ii) Arizona; (iii) California; (iv) Colorado; (v) Idaho; (vi) Kansas; (vii) Montana; (viii) Nebraska; (ix) Nevada; (x) New Mexico; (xi) North Dakota; (xii) Oklahoma; (xiii) Oregon; (xiv) South Dakota; (xv) Texas; (xvi) Utah; (xvii) Washington; and (xviii) Wyoming. (7) Secretary The term Secretary means the Secretary of the Interior. 3. Federal land and aquatic resource activities assistance (a) Authority of Bureau of Land Management and National Park Service with respect to certain aquatic resource activities on Federal land and water (1) In general The Secretary may inspect and decontaminate watercraft entering and leaving Federal land and water located within a river basin that contains a Bureau of Reclamation water project. (2) Requirements The Secretary, acting through the Director of the Bureau of Land Management and the Director of the National Park Service, shall— (A) in carrying out an inspection under paragraph (1), coordinate with 1 or more partners; (B) consult with the Aquatic Nuisance Species Task Force to identify potential improvements in the detection and management of invasive species on Federal land and water; and (C) to the maximum extent practicable, inspect watercraft in a manner that minimizes disruptions to public access for boating and recreation in noncontaminated watercraft. (3) Partnerships The Secretary, acting through the Director of the Bureau of Land Management and the Director of the National Park Service, may enter into a partnership to provide technical assistance to a partner— (A) to carry out an inspection or decontamination of watercraft; or (B) to establish an inspection and decontamination station for watercraft. (b) Grant program for reclamation states for watercraft inspection and decontamination stations (1) Watercraft inspection in Reclamation States Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall establish a competitive grant program to provide grants to partners to conduct inspections and decontamination of watercraft in reservoirs operated and maintained by the Secretary, including to purchase, establish, operate, or maintain a watercraft inspection and decontamination station. (2) Cost share The Federal share of the cost of a grant under paragraph (1), including personnel costs, shall not exceed 75 percent. (3) Standards Before awarding a grant under paragraph (1), the Secretary shall determine that the project is technically and financially feasible. (4) Coordination In carrying out this subsection, the Secretary shall coordinate with— (A) each of the Reclamation States; (B) affected Indian Tribes; and (C) the Aquatic Nuisance Species Task Force. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2023 and each fiscal year thereafter. 4. Technical corrections to the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (a) Purposes Section 1002(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4701(b) ) is amended— (1) in paragraph (2)— (A) by inserting a comma after funded ; (B) by inserting a comma after prevention ; and (C) by inserting a comma after dissemination ; and (2) in paragraph (3), by inserting a comma after monitor . (b) Definitions Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4702 ) is amended— (1) in paragraph (7), by striking Canandian and inserting Canadian ; (2) by redesignating paragraphs (13) through (17) as paragraphs (14) through (18), respectively; and (3) by inserting after paragraph (12) the following: (13) State means— (A) a State; (B) the District of Columbia; (C) American Samoa; (D) Guam; (E) the Commonwealth of Puerto Rico; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands; . (c) Great Lakes Panel Section 1203(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4723(a) ) is amended— (1) in paragraph (1)(F), by inserting and after research, ; and (2) in paragraph (3), by striking encourage and inserting encouraged . (d) Administrative costs Section 1204(b)(4) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4724(b)(4) ) is amended, in the paragraph heading, by striking Adminisrative and inserting Administrative . (e) Brown tree snake control program Section 1209 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4728 ) is amended by striking subsection (a) and inserting section 1202(a) . (f) Prevention of Unintentional Introductions Section 1301(a)(2) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4741(a)(2) ) is amended by striking 1102(a)(2 and inserting 1102(a)(2) . | https://www.govinfo.gov/content/pkg/BILLS-117s4717is/xml/BILLS-117s4717is.xml |
117-s-4718 | II 117th CONGRESS 2d Session S. 4718 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Blunt (for himself, Mr. Durbin , and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To direct the Secretary of Defense to establish a joint training pipeline between the United States Navy and the Royal Australian Navy, and for other purposes.
1. Short title This Act may be cited as the Australia-United States Submarine Officer Pipeline Act . 2. Establishment of joint training pipeline between United States Navy and Royal Australian Navy (a) Sense of Congress It is the sense of Congress that— (1) the AUKUS partnership between Australia, the United Kingdom, and the United States presents a significant opportunity to enhance security cooperation in the Indo-Pacific region; (2) parties to the AUKUS partnership should work expeditiously to implement a strategic roadmap to successfully deliver capabilities outlined in the agreement; (3) the United States should engage with industry partners to develop a comprehensive understanding of the requirements needed to increase capacity and capability; (4) Australia should continue to expand its industrial base to support production and delivery of future capabilities; (5) the delivery of a nuclear-powered submarine to the Government of Australia would require the appropriate training and development of future commanding officers to operate such submarines for the Royal Australian Navy; and (6) in order to uphold the stewardship of the Naval Nuclear Propulsion Program, the Secretary of Defense should work to coordinate an exchange program to integrate and train Australian sailors for the operation and maintenance of nuclear-powered submarines. (b) Exchange program The Secretary of Defense, in consultation with the Secretary of Energy, shall carry out an exchange program for Australian submarine officers during 2023 and each subsequent year. Under the program, each year, two Australian submarine officers shall be selected to participate in the program. Each such participant shall— (1) receive training in the Navy Nuclear Propulsion School; (2) following such training and by not later than July 1 of the year of participation, enroll in the Submarine Office Basic Course; and (3) following completion of such course, be assigned to duty on an operational United States submarine at sea. (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) a report on a notional exchange program for Australian submarine officers that includes initial, follow-on, and recurring training that could be provided to Australian submarine officers in order to prepare such officers for command of nuclear-powered Australian submarines. | https://www.govinfo.gov/content/pkg/BILLS-117s4718is/xml/BILLS-117s4718is.xml |
117-s-4719 | II 117th CONGRESS 2d Session S. 4719 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Grassley (for himself and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect children against sexual abuse and exploitation, and for other purposes.
1. Short title This Act may be cited as the Preventing Child Sex Abuse Act of 2022 . 2. Sense of Congress The sense of Congress is the following: (1) The safety of children should be a top priority for public officials and communities in the United States. (2) According to the Rape, Abuse & Incest National Network, an individual in the United States is sexually assaulted every 68 seconds. And every 9 minutes, that victim is a child. Meanwhile, only 25 out of every 1,000 perpetrators will end up in prison. (3) The effects of child sexual abuse can be long-lasting and affect the victim’s mental health. (4) Victims are more likely than non-victims to experience the following mental health challenges: (A) Victims are about 4 times more likely to develop symptoms of drug abuse. (B) Victims are about 4 times more likely to experience post-traumatic stress disorder as adults. (C) Victims are about 3 times more likely to experience a major depressive episode as adults. (5) The criminal justice system should and has acted as an important line of defense to protect children and hold perpetrators accountable. (6) However, the horrific crimes perpetuated by Larry Nassar demonstrate firsthand the loopholes that still exist in the criminal justice system. While Larry Nassar was found guilty of several State-level offenses, he was not charged federally for his illicit sexual contact with minors, despite crossing State and international borders to commit this conduct. (7) The Department of Justice has also identified a growing trend of Americans who use charitable or missionary work in a foreign country as a cover for sexual abuse of children. (8) It is the intent of Congress to prohibit Americans from engaging in sexual abuse or exploitation of minors under the guise of work, including volunteer work, with an organization that affects interstate or foreign commerce, such as an international charity. (9) Child sexual abuse does not require physical contact between the abuser and the child. This is especially true as perpetrators turn increasingly to internet platforms, online chat rooms, and webcams to commit child sexual abuse. (10) However, a decision of the United States Court of Appeals for the Seventh Circuit found the use of a webcam to engage in sexually provocative activity with a minor did not qualify as sexual activity . (11) Congress can address this issue by amending the definition of the term sexual activity to clarify that it does not require interpersonal, physical contact. (12) It is the duty of Congress to provide clearer guidance to ensure that those who commit crimes against children are prosecuted to the fullest extent of the law. 3. Interstate child sexual abuse Section 2423 of title 18, United States Code, is amended— (1) in subsection (b), by striking with a motivating purpose of engaging in any illicit sexual conduct with another person and inserting with intent to engage in any illicit sexual conduct with another person ; (2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (i), respectively; (3) in subsection (e), as so redesignated, by striking with a motivating purpose of engaging in any illicit sexual conduct and inserting with intent to engage in any illicit sexual conduct ; and (4) by inserting after subsection (g), as so redesignated, the following: (h) Definition of intent As used in subsections (b) and (e), the term intent means that an individual has the intention to engage in illicit sexual conduct at the time of the travel. This intention need not be a primary, significant, dominant, or motivating purpose of the travel. . 4. Abuse under the guise of charity Section 2423 of title 18, United States Code, as amended by section 3 of this Act, is amended— (1) by inserting after subsection (c) the following: (d) Illicit sexual conduct in connection with certain organizations Any citizen of the United States or alien admitted for permanent residence who— (1) is an officer, director, employee, or agent of an organization that affects interstate or foreign commerce; (2) makes use of the mails or any means or instrumentality of interstate or foreign commerce through the connection or affiliation of the person with such organization; and (3) commits an act in furtherance of illicit sexual conduct through the connection or affiliation of the person with such organization, shall be fined under this title, imprisoned for not more than 30 years, or both. ; (2) in subsection (f), as so redesignated, by striking or (d) and inserting (d), or (e) ; and (3) in subsection (i), as so redesignated, by striking (f)(2) and inserting (g)(2) . 5. Sexual activity with minors Section 2427 of title 18, United States Code, is amended by inserting does not require interpersonal physical contact, and before includes . | https://www.govinfo.gov/content/pkg/BILLS-117s4719is/xml/BILLS-117s4719is.xml |
117-s-4720 | II 117th CONGRESS 2d Session S. 4720 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Reed introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending September 30, 2023, and for other purposes, namely: I LEGISLATIVE BRANCH SENATE Expense Allowances For expense allowances of the Vice President, $20,000; the President Pro Tempore of the Senate, $40,000; Majority Leader of the Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip of the Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority Conference Committees, $5,000 for each Chairman; and Chairmen of the Majority and Minority Policy Committees, $5,000 for each Chairman; in all, $195,000. For representation allowances of the Majority and Minority Leaders of the Senate, $15,000 for each such Leader; in all, $30,000. Salaries, Officers and Employees For compensation of officers, employees, and others as authorized by law, including agency contributions, $258,387,100, which shall be paid from this appropriation as follows: OFFICE OF THE VICE PRESIDENT For the Office of the Vice President, $2,907,100. OFFICE OF THE PRESIDENT PRO TEMPORE For the Office of the President Pro Tempore, $832,000. OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS For the Office of the President Pro Tempore Emeritus, $359,000. OFFICES OF THE MAJORITY AND MINORITY LEADERS For Offices of the Majority and Minority Leaders, $6,196,000. OFFICES OF THE MAJORITY AND MINORITY WHIPS For Offices of the Majority and Minority Whips, $3,876,000. COMMITTEE ON APPROPRIATIONS For salaries of the Committee on Appropriations, $17,900,000. CONFERENCE COMMITTEES For the Conference of the Majority and the Conference of the Minority, at rates of compensation to be fixed by the Chairman of each such committee, $1,891,000 for each such committee; in all, $3,782,000. OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY For Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority, $940,000. POLICY COMMITTEES For salaries of the Majority Policy Committee and the Minority Policy Committee, $1,931,000 for each such committee; in all, $3,862,000. OFFICE OF THE CHAPLAIN For Office of the Chaplain, $598,000. OFFICE OF THE SECRETARY For Office of the Secretary, $29,282,000. OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER For Office of the Sergeant at Arms and Doorkeeper, $108,639,000. OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY For Offices of the Secretary for the Majority and the Secretary for the Minority, $2,126,000. AGENCY CONTRIBUTIONS AND RELATED EXPENSES For agency contributions for employee benefits, as authorized by law, and related expenses, $77,088,000. Office of the Legislative Counsel of the Senate For salaries and expenses of the Office of the Legislative Counsel of the Senate, $7,781,000. Office of Senate Legal Counsel For salaries and expenses of the Office of Senate Legal Counsel, $1,350,000. Expense Allowances of the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate, and Secretaries for the Majority and Minority of the Senate For expense allowances of the Secretary of the Senate, $7,500; Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for the Majority of the Senate, $7,500; Secretary for the Minority of the Senate, $7,500; in all, $30,000. Contingent Expenses of the Senate INQUIRIES AND INVESTIGATIONS For expenses of inquiries and investigations ordered by the Senate, or conducted under paragraph 1 of rule XXVI of the Standing Rules of the Senate, section 112 of the Supplemental Appropriations and Rescission Act, 1980 ( Public Law 96–304 ), and Senate Resolution 281, 96th Congress, agreed to March 11, 1980, $145,615,000, of which $14,561,500 shall remain available until September 30, 2025. U.S. SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL For expenses of the United States Senate Caucus on International Narcotics Control, $552,000. SECRETARY OF THE SENATE For expenses of the Office of the Secretary of the Senate, $17,514,598, of which $13,254,193 shall remain available until September 30, 2027, and of which $4,260,405 shall remain available until expended. SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $165,144,000, of which $160,144,000 shall remain available until September 30, 2027, and of which $5,000,000 shall be for Senate hearing room audiovisual equipment, to remain available until expended. SERGEANT AT ARMS FELLOWSHIPS FUND (INCLUDING TRANSFER OF FUNDS) For expenses authorized by the Sergeant at Arms Fellowships Fund established in section 102 of this Act, $6,277,000, to remain available until expended: Provided, That such amounts may be transferred to the Chief Administrative Officer of the House of Representatives in accordance with subsection (d) of such section 102, subject to notification provided to the Committee on Appropriations: Provided further, That upon a determination by the Sergeant at Arms that funds transferred pursuant to the preceding proviso are not necessary for the purposes provided, such amounts may be transferred back to the Fund: Provided further, That such transfer authority is in addition to any other transfer authority provided by law. MISCELLANEOUS ITEMS For miscellaneous items, $26,003,500 which shall remain available until September 30, 2025. SENATORS' OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT For Senators' Official Personnel and Office Expense Account, $506,000,000, of which $20,128,950 shall remain available until September 30, 2025, and of which $7,000,000 shall be allocated solely for the purpose of providing financial compensation to Senate interns. OFFICIAL MAIL COSTS For expenses necessary for official mail costs of the Senate, $300,000. Administrative Provisions REQUIRING AMOUNTS REMAINING IN SENATORS' OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT 101. Notwithstanding any other provision of law, any amounts appropriated under this Act under the heading SENATE under the heading Contingent Expenses of the Senate under the heading Senators' official personnel and office expense account shall be available for obligation only during the fiscal year or fiscal years for which such amounts are made available. Any unexpended balances under such allowances remaining after the end of the period of availability shall be returned to the Treasury in accordance with the undesignated paragraph under the center heading GENERAL PROVISION under chapter XI of the Third Supplemental Appropriation Act, 1957 ( 2 U.S.C. 4107 ) and used for deficit reduction (or, if there is no Federal budget deficit after all such payments have been made, for reducing the Federal debt, in such manner as the Secretary of the Treasury considers appropriate). MCCAIN-MANSFIELD AND SFC SEAN COOLEY AND SPC CHRISTOPHER HORTON CONGRESSIONAL GOLD STAR FAMILY FELLOWSHIPS PROGRAMS 102. (a) Definitions In this section— (1) the term appropriate committees of the Senate means the Committee on Appropriations and the Committee on Rules and Administration of the Senate; (2) the term Fellowships Programs means the SFC Sean Cooley and SPC Christopher Horton Congressional Gold Star Family Fellowship Program (commonly referred to as the Green and Gold Congressional Aide Program ) established under Senate Resolution 442 (117th Congress), agreed to November 4, 2021, and the McCain-Mansfield Fellowship Program established under Senate Resolution 443 (117th Congress), agreed to November 4, 2021, or any successor program to such programs; (3) the term Fund means the Sergeant at Arms Fellowships Fund established under subsection (b); and (4) the term Sergeant at Arms means the Sergeant at Arms and Doorkeeper of the Senate. (b) Establishment There is established under the heading Contingent Expenses of the Senate an account to be known as the Sergeant at Arms Fellowships Fund . (c) Use of amounts (1) In general Amounts in the Fund shall be available to the Sergeant at Arms for the costs of compensation of fellows under the Fellowships Programs and the administration of the Fellowships Programs, except as provided in paragraph (2). (2) Agency contributions Agency contributions for the Fellowships Programs shall be paid from the appropriations account for Salaries, Officers and Employees of the Senate. (d) Transfer authority for joint operation If the Sergeant at Arms enters into an agreement with the Chief Administrative Officer of the House of Representatives for the joint operation of 1 or more of the Fellowships Programs with the comparable programs of the House of Representatives, the Sergeant at Arms may, as provided in advance in appropriations Acts, transfer amounts in the Fund to the Chief Administrative Officer of the House of Representatives for costs described in subsection (c)(1). (e) Oversight The Sergeant at Arms shall provide to the appropriate committees of the Senate— (1) a plan regarding the administration of the Fund by the Sergeant at Arms prior to obligation of any funds, to be updated and resubmitted following any changes to the plan; and (2) annual reports regarding the costs of the Fellowships Programs paid from the Fund. (f) Authorization of appropriations There are authorized to be appropriated to the Fund for fiscal year 2023, and each fiscal year thereafter, such sums as are necessary for the compensation of fellows under the Fellowships Programs during the fiscal year and for the administration of the Fellowships Programs. (g) Exclusion for purposes of staffing limits on the office of the sergeant at arms The payment of compensation to any individual serving in a fellowship under the Fellowships Programs by the Sergeant at Arms shall not be included for purposes of any limitation on staffing levels of the Office of the Sergeant at Arms. JOINT ITEMS For Joint Committees, as follows: Joint Economic Committee For salaries and expenses of the Joint Economic Committee, $4,283,000, to be disbursed by the Secretary of the Senate. Joint Committee on Taxation For salaries and expenses of the Joint Committee on Taxation, $12,948,000, to be disbursed by the Chief Administrative Officer of the House of Representatives. For other joint items, as follows: Office of the Attending Physician For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and his assistants, including: (1) an allowance of $3,500 per month to the Attending Physician; (2) an allowance of $2,500 per month to the Senior Medical Officer; (3) an allowance of $900 per month each to three medical officers while on duty in the Office of the Attending Physician; (4) an allowance of $900 per month to 2 assistants and $900 per month each not to exceed 11 assistants on the basis heretofore provided for such assistants; and (5) $2,880,000 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, which shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $4,181,000, to be disbursed by the Chief Administrative Officer of the House of Representatives. Office of Congressional Accessibility Services Salaries and Expenses For salaries and expenses of the Office of Congressional Accessibility Services, $1,702,000, to be disbursed by the Secretary of the Senate. CAPITOL POLICE Salaries For salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for health, retirement, social security, professional liability insurance, and other applicable employee benefits, $526,780,000 of which overtime shall not exceed $64,912,000 unless the Committees on Appropriations of the House and Senate are notified, to be disbursed by the Chief of the Capitol Police or a duly authorized designee. General Expenses For necessary expenses of the Capitol Police, including motor vehicles, communications and other equipment, security equipment and installation, uniforms, weapons, supplies, materials, training, medical services, forensic services, stenographic services, personal and professional services, the employee assistance program, the awards program, postage, communication services, travel advances, relocation of instructor and liaison personnel for the Federal Law Enforcement Training Centers, and not more than $5,000 to be expended on the certification of the Chief of the Capitol Police in connection with official representation and reception expenses, $180,318,000, to be disbursed by the Chief of the Capitol Police or a duly authorized designee: Provided, That, notwithstanding any other provision of law, the cost of basic training for the Capitol Police at the Federal Law Enforcement Training Centers for fiscal year 2023 shall be paid by the Secretary of Homeland Security from funds available to the Department of Homeland Security. Administrative provisions VOLUNTEER CHAPLAIN SERVICES 110. (a) The Chief of the Capitol Police shall have authority to accept unpaid religious chaplain services, whereby volunteers from multiple faiths, authorized by their respective religious endorsing agency or organization, may advise, administer, and perform spiritual care and religious guidance for Capitol Police employees. (b) Chaplains shall not be required to perform any rite, ritual, or ceremony, and employees shall not be required to receive such rite, ritual, or ceremony, if doing so would compromise the conscience, moral principles, or religious beliefs of such chaplain or employees or the chaplain’s endorsing agency or organization. (c) Effective date This section shall apply with respect to fiscal year 2023 and each succeeding fiscal year. CAPITOL POLICE OVERSEAS TRAVEL IN CONNECTION WITH TRAVEL OF UNITED STATES SENATORS 111. Section 12 of division G of the Consolidated Appropriations Act, 2005 ( 2 U.S.C. 1975 ) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting for official duty after United States ; (B) in paragraph (1), by adding and at the end; (C) by striking paragraph (2); and (D) by redesignating paragraph (3) as paragraph (2); (2) by striking subsection (c); (3) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; and (4) in subsection (d), as so redesignated, by striking subsection (d) and inserting subsection (c) . OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS Salaries and Expenses For salaries and expenses necessary for the operation of the Office of Congressional Workplace Rights, $7,500,000, of which $2,000,000 shall remain available until September 30, 2024, and of which not more than $1,000 may be expended on the certification of the Executive Director in connection with official representation and reception expenses. CONGRESSIONAL BUDGET OFFICE Salaries and Expenses For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $6,000 to be expended on the certification of the Director of the Congressional Budget Office in connection with official representation and reception expenses, $64,637,000: Provided, That the Director shall use not less than $500,000 of the amount made available under this heading for (1) improving technical systems, processes, and models for the purpose of improving the transparency of estimates of budgetary effects to Members of Congress, employees of Members of Congress, and the public, and (2) to increase the availability of models, economic assumptions, and data for Members of Congress, employees of Members of Congress, and the public. ARCHITECT OF THE CAPITOL Capital Construction and Operations For salaries for the Architect of the Capitol, and other personal services, at rates of pay provided by law; for all necessary expenses for surveys and studies, construction, operation, and general and administrative support in connection with facilities and activities under the care of the Architect of the Capitol including the Botanic Garden; electrical substations of the Capitol, Senate and House office buildings, and other facilities under the jurisdiction of the Architect of the Capitol; including furnishings and office equipment; including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may approve; for purchase or exchange, maintenance, and operation of a passenger motor vehicle, $145,843,000: Provided, That none of the funds appropriated or made available under this heading in this Act or any other Act, including previous Acts, may be used for a home to work vehicle for the Architect or a duly authorized designee. Capitol Building For all necessary expenses for the maintenance, care and operation of the Capitol, $56,689,000, of which $6,099,000 shall remain available until September 30, 2027, and of which $18,885,000 shall remain available until expended. Capitol Grounds For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House office buildings, and the Capitol Power Plant, $16,365,000, of which $2,000,000 shall remain available until September 30, 2027. Senate Office Buildings For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to be expended under the control and supervision of the Architect of the Capitol, $156,596,000, of which $36,000,000 shall remain available until September 30, 2027, and of which $38,100,000 shall remain available until expended. Capitol Power Plant For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including the purchase of electrical energy) and water and sewer services for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, Senate garage, and air conditioning refrigeration not supplied from plants in any of such buildings; heating the Government Publishing Office and Washington City Post Office, and heating and chilled water for air conditioning for the Supreme Court Building, the Union Station complex, the Thurgood Marshall Federal Judiciary Building and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation, $133,251,000, of which $39,400,000 shall remain available until September 30, 2027: Provided, That not more than $10,000,000 of the funds credited or to be reimbursed to this appropriation as herein provided shall be available for obligation during fiscal year 2023. Library Buildings and Grounds For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library buildings and grounds, $128,220,000, of which $92,500,000 shall remain available until September 30, 2027. Capitol Police Buildings, Grounds and Security For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United States Capitol Police, wherever located, the Alternate Computing Facility, and Architect of the Capitol security operations, $412,252,000, of which $356,600,000 shall remain available until September 30, 2027: Provided , That of such amount, $60,000,000 shall be for design and construction of enhanced screening vestibules at the north and south Capitol Building entrances: Provided further , That of such amount, $277,000,000 shall be for the Capitol Complex Security Program. Botanic Garden For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, and collections; and purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Committee on the Library, $23,520,000, of which $8,200,000 shall remain available until September 30, 2027: Provided, That, of the amount made available under this heading, the Architect of the Capitol may obligate and expend such sums as may be necessary for the maintenance, care and operation of the National Garden established under section 307E of the Legislative Branch Appropriations Act, 1989 ( 2 U.S.C. 2146 ), upon vouchers approved by the Architect of the Capitol or a duly authorized designee. Capitol visitor center For all necessary expenses for the operation of the Capitol Visitor Center, $27,292,000. Administrative provision NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR OVER BUDGET 120. None of the funds made available in this Act for the Architect of the Capitol may be used to make incentive or award payments to contractors for work on contracts or programs for which the contractor is behind schedule or over budget, unless the Architect of the Capitol, or agency-employed designee, determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program. LIBRARY OF CONGRESS Salaries and Expenses For all necessary expenses of the Library of Congress not otherwise provided for, including development and maintenance of the Library's catalogs; custody and custodial care of the Library buildings; information technology services provided centrally; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; preparation and distribution of catalog records and other publications of the Library; hire or purchase of one passenger motor vehicle; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $574,245,000, and, in addition, amounts credited to this appropriation during fiscal year 2023 under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150 ), shall remain available until expended: Provided, That the Library of Congress may not obligate or expend any funds derived from collections under the Act of June 28, 1902, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That of the total amount appropriated, not more than $18,000 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses, including for the Overseas Field Offices: Provided further, That of the total amount appropriated, $10,945,000 shall remain available until expended for the Teaching with Primary Sources program: Provided further, That of the total amount appropriated, $1,458,000 shall remain available until expended for upgrade of the Legislative Branch Financial Management System: Provided further, That of the total amount appropriated, $250,000 shall remain available until expended for the Surplus Books Program to promote the program and facilitate a greater number of donations to eligible entities across the United States: Provided further, That of the total amount appropriated, $3,976,000 shall remain available until expended for the Veterans History Project to continue digitization efforts of already collected materials, reach a greater number of veterans to record their stories, and promote public access to the Project. Copyright Office SALARIES AND EXPENSES For all necessary expenses of the Copyright Office, $100,674,000, of which not more than $39,702,000, to remain available until expended, shall be derived from collections credited to this appropriation during fiscal year 2023 under sections 708(d) and 1316 of title 17, United States Code: Provided, That the Copyright Office may not obligate or expend any funds derived from collections under such section in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than $7,210,000 shall be derived from collections during fiscal year 2023 under sections 111(d)(2), 119(b)(3), 803(e), and 1005 of such title: Provided further, That the total amount available for obligation shall be reduced by the amount by which collections are less than $46,912,000: Provided further, That of the funds provided under this heading, not less than $17,100,000 is for modernization initiatives, of which $10,000,000 shall remain available until September 30, 2024: Provided further, That not more than $100,000 of the amount appropriated is available for the maintenance of an International Copyright Institute in the Copyright Office of the Library of Congress for the purpose of training nationals of developing countries in intellectual property laws and policies: Provided further, That not more than $6,500 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for activities of the International Copyright Institute and for copyright delegations, visitors, and seminars: Provided further, That, notwithstanding any provision of chapter 8 of title 17, United States Code, any amounts made available under this heading which are attributable to royalty fees and payments received by the Copyright Office pursuant to sections 111, 119, and chapter 10 of such title may be used for the costs incurred in the administration of the Copyright Royalty Judges program, with the exception of the costs of salaries and benefits for the Copyright Royalty Judges and staff under section 802(e). Congressional Research Service SALARIES AND EXPENSES For all necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 166 ) and to revise and extend the Annotated Constitution of the United States of America, $132,600,000: Provided, That no part of such amount may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate: Provided further, That this prohibition does not apply to publication of non-confidential Congressional Research Service (CRS) products: Provided further, That a non-confidential CRS product includes any written product containing research or analysis that is currently available for general congressional access on the CRS Congressional Intranet, or that would be made available on the CRS Congressional Intranet in the normal course of business and does not include material prepared in response to Congressional requests for confidential analysis or research. National Library Service for the Blind and Print Disabled SALARIES AND EXPENSES For all necessary expenses to carry out the Act of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a ), $58,657,000: Provided, That of the total amount appropriated, $650,000 shall be available to contract to provide newspapers to blind and print disabled residents at no cost to the individual. Administrative Provision REIMBURSABLE AND REVOLVING FUND ACTIVITIES 130. (a) In General For fiscal year 2023, the obligational authority of the Library of Congress for the activities described in subsection (b) may not exceed $308,554,000. (b) Activities The activities referred to in subsection (a) are reimbursable and revolving fund activities that are funded from sources other than appropriations to the Library in appropriations Acts for the legislative branch. GOVERNMENT PUBLISHING OFFICE Congressional Publishing (INCLUDING TRANSFER OF FUNDS) For authorized publishing of congressional information and the distribution of congressional information in any format; publishing of Government publications authorized by law to be distributed to Members of Congress; and publishing, and distribution of Government publications authorized by law to be distributed without charge to the recipient, $82,992,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition of the Congressional Record for individual Representatives, Resident Commissioners or Delegates authorized under section 906 of title 44, United States Code: Provided further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years: Provided further, That notwithstanding the 2-year limitation under section 718 of title 44, United States Code, none of the funds appropriated or made available under this Act or any other Act for printing and binding and related services provided to Congress under chapter 7 of title 44, United States Code, may be expended to print a document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is authorized by Congress to be printed, unless Congress reauthorizes such printing in accordance with section 718 of title 44, United States Code: Provided further, That unobligated or unexpended balances of expired discretionary funds made available under this heading in this Act for this fiscal year may be transferred to, and merged with, funds under the heading Government Publishing Office Business Operations Revolving Fund no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated, to be available for carrying out the purposes of this heading, subject to the approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That notwithstanding sections 901, 902, and 906 of title 44, United States Code, this appropriation may be used to prepare indexes to the Congressional Record on only a monthly and session basis. Public Information Programs of the Superintendent of Documents SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For expenses of the public information programs of the Office of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications in any format, and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries as authorized by law, $35,257,000: Provided, That amounts of not more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and other related publications for the preceding two fiscal years to depository and other designated libraries: Provided further, That unobligated or unexpended balances of expired discretionary funds made available under this heading in this Act for this fiscal year may be transferred to, and merged with, funds under the heading Government Publishing Office Business Operations Revolving Fund no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated, to be available for carrying out the purposes of this heading, subject to the approval of the Committees on Appropriations of the House of Representatives and the Senate. Government Publishing Office Business Operations Revolving Fund For payment to the Government Publishing Office Business Operations Revolving Fund, $11,605,000, to remain available until expended, for information technology development and facilities repair: Provided, That the Government Publishing Office is hereby authorized to make such expenditures, within the limits of funds available and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the Government Publishing Office Business Operations Revolving Fund: Provided further, That not more than $7,500 may be expended on the certification of the Director of the Government Publishing Office in connection with official representation and reception expenses: Provided further, That the Business Operations Revolving Fund shall be available for the hire or purchase of not more than 12 passenger motor vehicles: Provided further, That expenditures in connection with travel expenses of the advisory councils to the Director of the Government Publishing Office shall be deemed necessary to carry out the provisions of title 44, United States Code: Provided further, That the Business Operations Revolving Fund shall be available for temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of such title: Provided further, That activities financed through the Business Operations Revolving Fund may provide information in any format: Provided further, That the Business Operations Revolving Fund and the funds provided under the heading Public Information Programs of the Superintendent of Documents may not be used for contracted security services at Government Publishing Office's passport facility in the District of Columbia. GOVERNMENT ACCOUNTABILITY OFFICE Salaries and Expenses For necessary expenses of the Government Accountability Office, including not more than $12,500 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title; hire of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States Code; benefits comparable to those payable under sections 901(5), (6), and (8) of the Foreign Service Act of 1980 ( 22 U.S.C. 4081(5) , (6), and (8)); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries, $785,831,802: Provided, That, in addition, $55,865,000 of payments received under sections 782, 791, 3521, and 9105 of title 31, United States Code, shall be available without fiscal year limitation: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance an appropriate share of either Forum's costs as determined by the respective Forum, including necessary travel expenses of non-Federal participants: Provided further, That payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially financed. CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND For a payment to the Congressional Office for International Leadership Fund for financing activities of the Congressional Office for International Leadership under section 313 of the Legislative Branch Appropriations Act, 2001 ( 2 U.S.C. 1151 ), $6,000,000: Provided, That funds made available to support Russian participants shall only be used for those engaging in free market development, humanitarian activities, and civic engagement, and shall not be used for officials of the central government of Russia. JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT For payment to the John C. Stennis Center for Public Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Service Training and Development Act ( 2 U.S.C. 1105 ), $430,000. II GENERAL PROVISIONS MAINTENANCE AND CARE OF PRIVATE VEHICLES 201. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for the Senate issued by the Committee on Rules and Administration. FISCAL YEAR LIMITATION 202. No part of the funds appropriated in this Act shall remain available for obligation beyond fiscal year 2023 unless expressly so provided in this Act. RATES OF COMPENSATION AND DESIGNATION 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation in this Act shall be the permanent law with respect thereto: Provided, That the provisions in this Act for the various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire for Senators and Members of the House of Representatives shall be the permanent law with respect thereto. CONSULTING SERVICES 204. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued under existing law. COSTS OF LEGISLATIVE BRANCH FINANCIAL MANAGERS COUNCIL 205. Amounts available for administrative expenses of any legislative branch entity which participates in the Legislative Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except that the total LBFMC costs to be shared among all participating legislative branch entities (in such allocations among the entities as the entities may determine) may not exceed $2,000. LIMITATION ON TRANSFERS 206. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. GUIDED TOURS OF THE CAPITOL 207. (a) Except as provided in subsection (b), none of the funds made available to the Architect of the Capitol in this Act may be used to eliminate or restrict guided tours of the United States Capitol which are led by employees and interns of offices of Members of Congress and other offices of the House of Representatives and Senate, unless through regulations as authorized by section 402(b)(8) of the Capitol Visitor Center Act of 2008 ( 2 U.S.C. 2242(b)(8) ). (b) At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol Police Board, guided tours of the United States Capitol which are led by employees and interns described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or related reasons to the same extent as guided tours of the United States Capitol which are led by the Architect of the Capitol. LIMITATION ON TELECOMMUNICATIONS EQUIPMENT PROCUREMENT 208. (a) None of the funds appropriated or otherwise made available under this Act may be used to acquire telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation for a high or moderate impact information system, as defined for security categorization in the National Institute of Standards and Technology’s (NIST) Federal Information Processing Standard Publication 199, Standards for Security Categorization of Federal Information and Information Systems unless the agency, office, or other entity acquiring the equipment or system has— (1) reviewed the supply chain risk for the information systems against criteria developed by NIST to inform acquisition decisions for high or moderate impact information systems within the Federal Government; (2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and (3) in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such telecommunications equipment for inclusion in a high or moderate impact system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or the Russian Federation. (b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high or moderate impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has— (1) developed, in consultation with NIST and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined, in consultation with NIST and the Federal Bureau of Investigation, that the acquisition of such telecommunications equipment for inclusion in a high or moderate impact system is in the vital national security interest of the United States; and (3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate in a manner that identifies the telecommunications equipment for inclusion in a high or moderate impact system intended for acquisition and a detailed description of the mitigation strategies identified in paragraph (1), provided that such report may include a classified annex as necessary. PROHIBITION ON CERTAIN OPERATIONAL EXPENSES 209. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities or other official government activities. PLASTIC WASTE REDUCTION 210. All agencies and offices funded by this Act that contract with a food service provider or providers shall confer and coordinate with such food service provider or providers, in consultation with disability advocacy groups, to eliminate or reduce plastic waste, including waste from plastic straws, explore the use of biodegradable items, and increase recycling and composting opportunities. CAPITOL COMPLEX HEALTH AND SAFETY 211. In addition to the amounts appropriated under this Act under the heading Office of the attending physician , there is hereby appropriated to the Office of the Attending Physician $5,000,000, to remain available until expended, for response to COVID–19, including testing, subject to the same terms and conditions as the amounts appropriated under such heading. LIMITATION ON COST OF LIVING ADJUSTMENTS FOR MEMBERS 212. Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ) (relating to cost of living adjustments for Members of Congress) during fiscal year 2023. AUTHORITY TO HIRE INDIVIDUALS COVERED BY THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS PROGRAM 213. Notwithstanding any other provision of law, an entity may use amounts appropriated or otherwise made available under this Act to pay the compensation of an officer or employee without regard to the officer’s or employee’s immigration status if the officer or employee has been issued an employment authorization document under the Deferred Action for Childhood Arrivals Program of the Secretary of Homeland Security, established pursuant to the memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children , dated June 15, 2012. This Act may be cited as the Legislative Branch Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4720is/xml/BILLS-117s4720is.xml |
117-s-4721 | II 117th CONGRESS 2d Session S. 4721 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to increase the amount paid by the Secretary of Veterans Affairs to veterans for improvements and structural alterations furnished as part of home health services.
1. Short title This Act may be cited as the Autonomy for Disabled Veterans Act . 2. Increase in amount available to disabled veterans for improvements and structural alterations furnished as part of home health services (a) Increase (1) In general Paragraph (2) of section 1717(a) of title 38, United States Code, is amended— (A) in subparagraph (A)— (i) in clause (i), by striking ; or and inserting a semicolon; (ii) in clause (ii)— (I) by inserting and before the date of the enactment of the Autonomy for Disabled Veterans Act after May 5, 2010, ; and (II) by striking ; and and inserting ; or ; and (iii) by adding at the end the following new clause: (iii) in the case of a veteran who first applies for benefits under this paragraph on or after the date of the enactment of the Autonomy for Disabled Veterans Act , $10,000; and . (B) in subparagraph (B)— (i) in clause (i), by striking ; or and inserting a semicolon; (ii) in clause (ii)— (I) by inserting and before the date of the enactment of the Autonomy for Disabled Veterans Act after May 5, 2010, ; and (II) by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following new clause: (iii) in the case of a veteran who first applies for benefits under this paragraph on or after the date of the enactment of the Autonomy for Disabled Veterans Act , $5,000. . (2) Applicability A veteran who exhausts the eligibility of the veteran for benefits under section 1717(a)(2) of title 38, United States Code, before the date of the enactment of this Act is not entitled to additional benefits under such section by reason of the amendments made by paragraph (1). (b) Adjustment for inflation Section 1717(a) of title 38, United States Code, is further amended by adding at the end the following new paragraph: (4) On an annual basis, the Secretary shall increase the dollar amounts in effect under paragraph (2) by a percentage equal to the percentage by which the consumer price index for all urban consumers (United States city average) increased during the 12-month period ending with the last month for which consumer price index data is available. In the event that such consumer price index does not increase during such period, the Secretary shall maintain the dollar amounts in effect under paragraph (2) during the previous fiscal year. . | https://www.govinfo.gov/content/pkg/BILLS-117s4721is/xml/BILLS-117s4721is.xml |
117-s-4722 | II 117th CONGRESS 2d Session S. 4722 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Warnock introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish qualified down payment savings programs.
1. Short title This Act may be cited as the American Dream Down Payment Act of 2022 . 2. Qualified down payment savings programs (a) In general Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 529A the following new section: 529B. Qualified down payment savings programs (a) In general A qualified down payment savings program shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). (b) Qualified down payment savings program For purposes of this section— (1) In general The term qualified down payment savings program means a program established and maintained by a State or agency or instrumentality thereof— (A) under which a person may make contributions to a qualified down payment savings account which is established for the purpose of meeting qualified down payment expenses of the designated beneficiary of the account, and (B) which meets the other requirements of this subsection. (2) Cash contributions (A) In general A program shall not be treated as a qualified down payment savings program unless it provides that no contribution will be accepted— (i) unless it is in cash, and (ii) except in the case of contributions under subsection (c)(3)(C), if such contribution to a qualified down payment savings account would result in the balance of such account exceeding $129,440. (B) Inflation adjustment (i) In general In the case of any calendar year beginning after 2022, the $129,440 amount in subparagraph (A)(ii) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under clause (ii). (ii) Cost-of-living adjustment For purposes of clause (i), the cost-of-living adjustment for any calendar year is the percentage (if any) by which— (I) the CPI for the preceding calendar year, exceeds (II) the CPI for calendar year 2021. For purposes of this clause, the CPI for any calendar year shall be determined in the same manner as it is determined under section 1(f)(4). (iii) Rounding If any increase determined under clause (i) is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10. (3) Separate accounting A program shall not be treated as a qualified down payment savings program unless it provides separate accounting for each designated beneficiary. (4) Investment direction A program shall not be treated as a qualified down payment savings program unless it provides that— (A) except as provided in subparagraph (B), any contributor to, or designated beneficiary under, such program may, directly or indirectly, direct the investment of any contributions to the program (or any earnings thereon) no more than 2 times in any calendar year and subject to the regulations established pursuant to this section, and (B) in the event that an account’s holdings meet the value established under paragraph (2)(B), the account funds will be transferred to investments in United States Treasury securities. (5) No pledging of interest as a security A program shall not be treated as a qualified down payment savings program if it allows any interest in the program or any portion thereof to be used as security for a loan. (6) Compliance with regulations A program shall not be treated as a qualified down payment savings program unless it complies with all regulations issued pursuant to subsection (f). (c) Tax treatment of designated beneficiaries and contributors (1) In general Except as otherwise provided in this subsection, no amount shall be includible in gross income of— (A) a designated beneficiary under a qualified down payment savings program, or (B) a contributor to such program on behalf of a designated beneficiary, with respect to any distribution or earnings under such program. (2) Gift tax treatment of contributions For purposes of chapters 12 and 13— (A) In general Any contribution to a qualified down payment savings program on behalf of any designated beneficiary shall be treated as a completed gift to such beneficiary which is not a future interest in property. (B) Treatment of excess contributions If the aggregate amount of contributions described in subparagraph (A) during the calendar year by a donor exceeds the limitation for such year under section 2503(b), such aggregate amount shall, at the election of the donor, be taken into account for purposes of such section ratably over the 5-year period beginning with such calendar year. (3) Distributions (A) In general Any distribution under a qualified down payment savings program shall be includible in the gross income of the distributee in the manner as provided under section 72 to the extent not excluded from gross income under any other provision of this chapter. (B) Distributions for qualified down payment expenses For purposes of this paragraph, if distributions from a qualified down payment savings program— (i) do not exceed the qualified down payment expenses, no amount shall be includible in gross income, and (ii) in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions. (C) Rollovers (i) In general Subparagraph (A) shall not apply to that portion of any distribution which, within 60 days of such distribution, is transferred to another qualified down payment savings account for the benefit of the designated beneficiary. (ii) Limitation on certain rollovers Clause (i) shall not apply to any transfer if such transfer occurs within 12 months from the date of a previous transfer to any qualified down payment savings account for the benefit of the designated beneficiary. (4) Estate tax treatment (A) In general No amount shall be includible in the gross estate of any individual for purposes of chapter 11 by reason of an interest in a qualified down payment savings program. (B) Amounts includible in estate of designated beneficiary in certain cases Subparagraph (A) shall not apply to amounts distributed on account of the death of a beneficiary. (C) Amounts includible in estate of donor making excess contributions In the case of a donor who makes the election described in paragraph (2)(B) and who dies before the close of the 5-year period referred to in such paragraph, notwithstanding subparagraph (A), the gross estate of the donor shall include the portion of such contributions properly allocable to periods after the date of death of the donor. (5) Other gift tax rules For purposes of chapters 12 and 13, in no event shall a distribution from a qualified down payment savings account be treated as a taxable gift. (6) Additional tax (A) In general The tax imposed by this chapter for any taxable year on any taxpayer who receives a distribution from a qualified down payment savings program which is includible in gross income shall be increased by 10 percent of the amount which is so includible. (B) Exceptions Subparagraph (A) shall not apply if the payment or distribution is— (i) made to a beneficiary (or to the estate of the designated beneficiary) on or after the death of the designated beneficiary, or (ii) attributable to the designated beneficiary's being disabled (within the meaning of section 72(m)(7)). (C) Contributions returned before certain date Subparagraph (A) shall not apply to the distribution of any contribution made during a taxable year on behalf of the designated beneficiary if— (i) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such designated beneficiary's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. (d) Reports Each officer or employee having control of the qualified down payment savings program or their designee shall make such reports regarding such program to the Secretary and to designated beneficiaries with respect to contributions, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. (e) Other definitions and special rules For purposes of this section— (1) Designated beneficiary The term designated beneficiary means the individual designated at the commencement of participation in the qualified down payment savings program as the beneficiary of amounts paid (or to be paid) to the program. (2) Qualified down payment expenses The term qualified down payment expenses means amounts (including closing costs) paid or incurred to purchase a principal residence (within the meaning of section 121). (3) Qualified down payment savings account The term qualified down payment savings account means an account maintained under a qualified down payment savings program. (f) Regulations Notwithstanding any other provision of this section, the Secretary, in consultation with the Chairman of the Securities and Exchange Commission, shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section and to prevent abuse of such purposes. Such regulations shall include— (1) impermissible investments for qualified down payment savings programs; (2) permissible fees, including the maximum amount of overall fees and commissions, that may be charged in association with a qualified down payment savings program account; and (3) minimum required disclosures to account beneficiaries, including disclosures related to any possible losses that could be incurred in a qualified down payment savings account. . (b) Tax on excess contributions (1) In general Subsection (a) of section 4973 of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (5), by inserting or at the end of paragraph (6), and by inserting after paragraph (6) the following new paragraph: (7) a qualified down payment savings account (within the meaning of section 529B), . (2) Excess contribution Section 4973 of such Code is amended by adding at the end the following new subsection: (i) Excess contributions to qualified down payment savings accounts For purposes of this section— (1) In general In the case of a qualified down payment savings account (within the meaning of section 529B), the term excess contributions means the amount by which the amount contributed for the taxable year to such account (other than contributions under section 529B(c)(3)(C)) exceeds the contribution limit under section 529B(b)(2)(B). (2) Special rule For purposes of this subsection, any contribution which is distributed out of the qualified down payment savings account in a distribution to which section 529B(c)(6)(C) applies shall be treated as an amount not contributed. . (c) Penalty for failure To file reports Section 6693(a)(2) is amended by striking and at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following: (E) section 529B(d) (relating to qualified down payment savings programs), and . (d) Other conforming amendments (1) Section 26(b)(2) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (Y), by striking the period at the end of subparagraph (Z) and inserting , and , and by inserting after subparagraph (Y) the following: (AA) section 529B(c)(6) (relating to additional tax on qualified down payment savings program distributions not used for qualified down payment expenses). . (2) Section 877A of such Code is amended— (A) in subsection (e)(2) by inserting a qualified down payment savings program (as defined in section 529B), after a qualified ABLE program (as defined in section 529A), , and (B) in subsection (g)(6) by inserting 529B(c)(6), after 529A(c)(3), . (3) Section 4965(c) of such Code is amended by striking or at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting , or , and by inserting after paragraph (8) the following new paragraph: (9) a program described in section 529B. . (4) The table of sections for part VIII of subchapter F of chapter 1 of such Code is amended by inserting after the item relating to section 529A the following new item: Sec. 529B. Qualified down payment savings programs. . (e) Reports on down payment savings programs Beginning on that date that is 12 months after the regulations established pursuant to section 529B(f) are finalized, and every two years thereafter, the Secretary of the Treasury (or the Secretary's delegate), in coordination with the Chairman of the Securities and Exchange Commission and the States offering qualified down payment savings programs, shall issue a public report detailing the following: (1) The number of States that have established qualified down payment savings programs. (2) The number of down payment savings program accounts in existence during the time specified in the report and the number of such accounts that have been established over the life of the program. (3) The age distribution of down payment savings account beneficiaries. (4) The percentage of qualified down payment savings account beneficiaries that would be first-time homebuyers. (5) A summary of the account balances held in qualified down payment savings program accounts. (6) The race and gender distribution of qualified down payment savings program account designated beneficiaries. (7) The income distribution of the designated beneficiaries of qualified down payment savings program accounts. (8) The number of down payment savings program distributions that have been made since the previous report. (9) Such other information as the Secretary (or the Secretary's designee) shall determine is required to assess whether qualified down payment savings accounts have contributed to facilitating access to affordable homeownership, including first-time homeownership, particularly among young people, low- and moderate-income people, and people from communities with historically low rates of homeownership. (f) Effective date (1) In general The amendments made by this section shall apply to taxable years beginning after December 31, 2021. (2) Regulations The Secretary of the Treasury (or the Secretary’s designee) shall promulgate the regulations or other guidance required under section 529B(f) of the Internal Revenue Code of 1986, as added by subsection (a), not later than 6 months after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4722is/xml/BILLS-117s4722is.xml |
117-s-4723 | II 117th CONGRESS 2d Session S. 4723 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mrs. Murray (for herself, Mr. Luján , Mr. Padilla , Ms. Rosen , Mr. Bennet , Mr. Markey , Ms. Stabenow , Mr. Heinrich , Mr. Blumenthal , Mr. Wyden , Ms. Warren , Mr. Merkley , Ms. Smith , Mr. Van Hollen , Mr. Cardin , Mr. Menendez , Ms. Klobuchar , Mr. Murphy , Mr. Reed , Ms. Cortez Masto , Mr. Whitehouse , Mr. Sanders , Ms. Hirono , Mr. Schumer , Ms. Duckworth , Mr. Durbin , Mrs. Feinstein , and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To ensure the right to provide reproductive health care services, and for other purposes.
1. Short title This Act may be cited as the Let Doctors Provide Reproductive Health Care Act . 2. Definitions In this Act: (1) Health care provider The term health care provider means any entity, employee of such entity, or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that— (A) is engaged or seeks to engage in the delivery of reproductive health care services; 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 their past, present, or potential provision of abortion services. (2) Reproductive health care services The term reproductive health care services means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that— (A) is provided in a hospital, clinic, physician’s office, or other service site, or provided via telehealth, intended to provide medical, procedural, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. (3) State The term State means each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. 3. Right to provide reproductive health care services (a) Prohibition No individual, entity, or State may prevent, restrict, impede, or disadvantage— (1) a health care provider from providing or assisting with reproductive health care services lawful in the State in which the services are to be provided; (2) any individual or entity from assisting a health care provider in providing or assisting with reproductive health care services lawful in the State in which services are to be provided; or (3) a health care provider or any individual or entity from providing or assisting a health care provider with reproductive health care services for an individual who does not reside in the State in which the services are to be provided. (b) Enforcement (1) 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 nonfrivolous 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) Rules of construction (1) In general Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. (2) Other individuals considered as government officials Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates this section shall be considered a government official for purposes of this Act. 4. Prohibition on the use of Federal funds Notwithstanding any other provision of law, no Federal funds may be used by a State, including through a grant, contract, or cooperative agreement, to pursue legal cases against residents or other individuals or entities, or to take any other enforcement, disciplinary, or adverse licensing proceeding on the basis of such residents or other individuals or entities providing or assisting with reproductive health care services that are lawful in the State in which the services are provided. 5. Reproductive health care legal services defense fund grants (a) Definitions In this section: (1) Eligible entity The term eligible entity means an individual, partnership, firm, corporation, or nonprofit organization that has a specific expertise in providing legal assistance and is licensed to practice law. (2) Eligible provider The term eligible provider means a health care provider that— (A) provides or refers for abortion care services; and (B) faces legal issues relating to providing or assisting with reproductive health care services. (b) Funding There is appropriated to the Attorney General, out of amounts in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for purposes of awarding grants to eligible entities or consortia of eligible entities to provide legal assistance to eligible providers. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require. (2) Joint applications Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. (d) Use of funds An eligible entity may use amounts received under a grant under this section— (1) to provide advice, legal services, or representation to eligible providers, related to providing or assisting with reproductive health care services under Federal, State, and local law; (2) to educate eligible providers about the rights and obligations of the eligible provider related to providing or assisting with reproductive health care services under Federal, State, and local law; (3) to monitor compliance by a State with Federal, State, and local laws related to providing or assisting with reproductive health care services; and (4) for any other activity the Attorney General may reasonably prescribe that is related to providing or assisting with reproductive health care services under Federal, State, and local law. 6. Reproductive health care services security grants (a) In general There is appropriated to the Secretary of Health and Human Services (referred to in this section as the Secretary ), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. (b) Application An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds A recipient of a grant under this section may use such grant funds for any of the following purposes: (1) Providing physical upgrades to health care facilities to improve security. (2) Providing training in security to health care staff. (3) Improving capabilities to defend against cyberattacks. (4) Ensuring patient and provider data security. (5) Providing protective services to staff and patients. (6) Any other activity, as the Secretary determines appropriate. 7. Fair liability insurance An issuer of professional liability coverage for health care providers shall not— (1) deny a health care provider professional liability coverage because that provider offers, supports, provides, or prescribes lawful reproductive health care services; or (2) sue a health care provider because that provider provides lawful reproductive health care services. 8. 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-117s4723is/xml/BILLS-117s4723is.xml |
117-s-4724 | II 117th CONGRESS 2d Session S. 4724 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Booker (for himself, Mr. Blumenthal , Mr. Schatz , Mr. Wyden , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect the rights of college athletes and to establish the Commission on College Athletics, and for other purposes.
1. Short title This Act may be cited as the College Athletes Bill of Rights . 2. Definitions In this Act: (1) Athletic department The term athletic department means a department at an institution of higher education responsible for overseeing 1 or more athletic programs and related staff. (2) Athletic program The term athletic program means a program for a particular intercollegiate sport at an institution of higher education. (3) Athletic reputation The term athletic reputation means— (A) with respect to a college athlete, the recognition or fame of the college athlete relating to the intercollegiate athletic ability, standing, participation, or performance of the college athlete; and (B) with respect to an institution of higher education, the recognition or fame the institution of higher education garners from the athletic programs of the institution of higher education. (4) College athlete The term college athlete — (A) means— (i) an enrolled college athlete; and (ii) a former college athlete; and (B) includes a nonimmigrant described in subparagraph (F) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) who is present in the United States pursuant to a valid, unexpired visa issued under that subparagraph. (5) College athlete agent The term college athlete agent means an athlete agent (as defined in section 2 of the Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7801 )) who is certified in accordance with the standards established under section 11(d)(1). (6) Commission The term Commission means the Commission on College Athletics established by section 11(a). (7) Conference The term conference means a group or an association of athletic programs that play competitively against each other. (8) Cost of attendance The term cost of attendance — (A) has the meaning given the term in section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ); and (B) shall be calculated by the financial aid office of an institution of higher education applying the same standards, policies, and procedures for all students. (9) Covered compensation The term covered compensation — (A) means any payment, remuneration, or benefit provided by a third party to a college athlete; and (B) does not include the payment or provision of a grant-in-aid. (10) Endorsement contract The term endorsement contract means an agreement for the commercial use of a college athlete’s name, image, likeness, or athletic reputation, in exchange for covered compensation. (11) Enrolled college athlete The term enrolled college athlete means an individual who— (A) has been accepted to an institution of higher education and intends to participate in an intercollegiate sport for the institution of higher education; or (B) (i) is enrolled in an institution of higher education; and (ii) participates or participated in an intercollegiate sport for the institution of higher education. (12) Former college athlete The term former college athlete means an individual who participated in an intercollegiate sport for an institution of higher education but is no longer enrolled in an institution of higher education. (13) Fund The term Fund means the medical trust fund established under section 5(b). (14) Grant-in-aid The term grant-in-aid — (A) means a scholarship, grant, or other form of financial assistance, including the provision of tuition, room, board, books, or funds for fees or personal expenses, that— (i) is paid or provided by an institution of higher education to a student for the student’s undergraduate or graduate course of study; and (ii) is in an amount that does not exceed the cost of attendance for such student at the institution of higher education; and (B) does not include covered compensation. (15) Image The term image , with respect to a college athlete, means a photograph, video, or computer-generated representation that— (A) identifies, is linked to, or is reasonably linkable to the college athlete; and (B) relates to the intercollegiate athletic ability, standing, participation, or performance of the college athlete. (16) 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 et seq. ). (17) Intercollegiate athletic association The term intercollegiate athletic association means any association, conference, or other group or organization, including the National Collegiate Athletic Association, that— (A) exercises authority over intercollegiate athletics; and (B) is engaged in commerce or in any industry or activity affecting commerce. (18) Likeness The term likeness means— (A) with respect to a college athlete of a sport for which the college athlete has a jersey number, the jersey number associated with the college athlete and the sport in which the college athlete participates at a particular institution of higher education during the period of the participation of the college athlete in the sport at the institution of higher education, if the jersey number is accompanied by— (i) a logo or color scheme that is clearly associated with the institution of higher education; or (ii) some other means by which the jersey number is clearly associated with the particular college athlete; and (B) with respect to any college athlete, the uniquely identifiable voice, physical characteristics, catch phrase, or nickname of the college athlete, and any other trademark that identifies or distinguishes the college athlete, as such voice, catch phrase, nickname, and trademark relate to the intercollegiate athletic ability, standing, participation, or performance of the college athlete. (19) Name The term name , with respect to a college athlete, means the first name and last or family name that identifies the college athlete, a nickname or a preferred name of the college athlete, and a name that the college athlete uses to identify the college athlete, as such names and nicknames relate to the intercollegiate athletic ability, standing, participation, or performance of the college athlete. (20) Prospective college athlete The term prospective college athlete means an individual— (A) who has remaining intercollegiate athletics eligibility; (B) with whom an athletic program has communicated with respect to intercollegiate sports participation; and (C) who has not signed an agreement to join such athletic program. (21) Third party The term third party means an individual or entity other than an institution of higher education, a conference, or an intercollegiate athletic association. (22) Title IX The term Title IX means title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ). 3. College athlete rights and protections (a) Right To market name, image, likeness, or athletic reputation (1) In general Subject to a limitation pursuant to paragraph (3), an institution of higher education, an intercollegiate athletic association, or a conference may not restrict the ability of college athletes, individually or as a group, to market the use of their names, images, likenesses, or athletic reputations. (2) Group licensing A person may not use the name, image, likeness, or athletic reputation of any member of a group described in paragraph (1) to sell or promote any product, including college athlete biometric information, unless the person obtains a license from the group for that purpose. (3) Certain limitations permitted with respect to particular industries (A) States Notwithstanding paragraph (1), a State may prohibit college athletes residing in the State from entering into endorsement contracts with entities in a particular industry if the State also prohibits institutions of higher education located in the State from entering into agreements with such entities. (B) Institutions of higher education (i) In general Notwithstanding paragraph (1), an institution of higher education may prohibit enrolled college athletes from entering into endorsement contracts with a third party in a particular industry if— (I) the endorsement contract would violate the student code of conduct of the institution; and (II) the institution refrains from entering into agreements with all entities in the particular industry. (ii) Student codes of conduct The student code of conduct of an institution of higher education may not interfere with or void the rights of college athletes under State or Federal law. (C) Notification of enrolled college athletes An institution of higher education shall provide to each enrolled college athlete and to the Commission a list of entities with which institutions of higher education and college athletes are prohibited from entering into endorsement contracts pursuant to subparagraph (A) or (B). (4) Institution of higher education agreements with third parties In conjunction with an endorsement contract of a college athlete, an institution of higher education may enter into a separate agreement with the third party concerned for the intellectual property rights or the name, image, likeness, or athletic reputation rights of the institution of higher education, including the use of the logos and team uniforms of the institution of higher education, if— (A) the third party provides covered compensation directly to the college athlete; and (B) the agreement between the institution of higher education and the third party is not initiated or coordinated by the institution of higher education. (5) Institution-sponsored competition and practices (A) In general Except as provided in subparagraph (B), an institution of higher education may require an enrolled college athlete to use, during a competition or practice sponsored by the institution of higher education, apparel selected by the institution of higher education. (B) Exceptions (i) Activities other than mandatory team activities An institution of higher education may not prohibit, and may not enter into a contract that prohibits, an enrolled college athlete from carrying out activities pursuant to an endorsement contract during a period in which the enrolled college athlete is not engaged in a mandatory team activity. (ii) Footwear An institution of higher education may not prohibit or discourage an enrolled college athlete from wearing, during mandatory team activities, footwear of his or her choice that is consistent with the rules of the applicable sport, unless the footwear has lights, reflective fabric, or poses a health risk to the enrolled college athlete. (6) Treatment of covered compensation Covered compensation— (A) shall not be considered financial aid by any institution of higher education, intercollegiate athletic association, conference, or third party; and (B) notwithstanding section 480(j) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(j) ), shall not be included as financial assistance for purposes of determining a student’s eligibility for financial assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). (7) Privacy (A) In general Endorsement contracts and other financial information provided by an enrolled college athlete to an institution of higher education shall not be subject to Federal or State open records laws. (B) Prohibition on compelled disclosure An intercollegiate athletic association or a conference may not require or compel a college athlete to disclose information about an endorsement contract or covered compensation related to the use of the college athlete's name, image, or likeness. (C) Confidentiality An institution of higher education may require a college athlete to disclose information about an endorsement contract or covered compensation, but must keep the terms and nature of the contract confidential. (b) Right to compensation for expenses (1) In general An institution of higher education, an intercollegiate athletic association, or a conference may not restrict the ability of an enrolled college athlete to receive payment from any source for— (A) transportation for the enrolled college athlete and friends or family members of the enrolled college athlete during any period in which the enrolled college athlete is addressing a physical or mental health concern or participating in intercollegiate athletics competition; (B) necessities, including food, shelter, medical coverage, and medical expenses; or (C) tuition, fees, books, transportation, or any other incidental expense that is not otherwise provided by an institution of higher education or covered by a grant-in-aid. (2) Grant-in-aid guarantees (A) Receipt of covered compensation shall not adversely affect— (i) an enrolled college athlete’s eligibility or opportunity to apply for a grant-in-aid; or (ii) the amount, duration, or renewal of an enrolled college athlete’s grant-in-aid. (B) Limitation on revocation An institution of higher education may not revoke or reduce an enrolled college athlete’s grant-in-aid based on the enrolled college athlete having entered into an endorsement contract. (c) Right to agent representation (1) In general An institution of higher education, an intercollegiate athletic association, or a conference may not restrict the ability of a college athlete to obtain representation with respect to an endorsement contract or employment outside the institution of higher education in which the college athlete is enrolled, including— (A) representation provided by agents, group licensing entities, and financial advisors; and (B) legal representation by attorneys. (2) Preventing conflicts of interest An institution of higher education, an intercollegiate athletic association, a conference, or an entity that has represented or has had a direct business partnership with an institution of higher education, an intercollegiate athletic association, or a conference, may not— (A) represent college athletes with respect to the use of their names, images, likenesses, or athletic reputations; (B) host or provide a platform or service related to the marketing or branding of a college athlete’s name, image, likeness, or athletic reputation; (C) regulate the representation of college athletes with respect to the use of their names, images, likenesses, or athletic reputations; (D) engage in the certification of individuals for such representation; or (E) attempt to influence, or base co-branding decisions on, a college athlete’s choice of representation. (d) Right To transfer (1) In general An enrolled college athlete shall be entitled to transfer from one institution of higher education to another notwithstanding any contract to which an enrolled college athlete is a party or national letter of intent signed by the enrolled college athlete. (2) Limitation on transfer penalties Institutions of higher education, intercollegiate athletic associations, and conferences shall allow an enrolled college athlete to transfer from one institution of higher education to another without losing grant-in-aid opportunities or eligibility for intercollegiate athletics if— (A) the college athlete is subject to an abusive or negligent environment within the institution of higher education; or (B) (i) it is the first time the enrolled college athlete transfers or there is a head coaching change in the enrolled college athlete’s sport; (ii) not less than 7 days before transferring, the enrolled college athlete provides to his or her athletic director notice of intent to transfer; and (iii) the transfer does not occur during— (I) the season or the post-season period of the sport of the enrolled college athlete; or (II) the 45-day period preceding the date on which such season commences. (3) Grant-in-aid protection An institution of higher education may not eliminate or reduce the grant-in-aid of a college athlete who submits a written notice of intent to transfer or registers in a transfer portal, but rescinds the notice of intent to transfer or exits the transfer portal, as applicable, on a date that is— (A) not later than 45 days after having initially registered for the transfer portal; and (B) not less than 100 days before the beginning of the season of the sport of the college athlete. (4) Inducements to transfer prohibited (A) In general An institution of higher education, an intercollegiate athletic association, a conference, or a business partner of an institution of higher education, an intercollegiate athletic association, or a conference may not offer or provide to an enrolled college athlete any compensation or benefit (other than grant-in-aid) that is— (i) conditioned on the enrolled college athlete transferring to a particular institution of higher education; or (ii) intended to induce the enrolled college athlete to transfer to a particular institution of higher education. (B) Campus tours Notwithstanding subparagraph (A), an institution of higher education, an intercollegiate athletic association, or a conference may provide an enrolled college athlete with reimbursement for expenses relating to campus tours or visits. (e) Right To enter professional sports drafts (1) In general An institution of higher education, an intercollegiate athletic association, or a conference may not prevent the participation of an enrolled college athlete in intercollegiate athletics based on the enrolled college athlete having entered into a professional sports draft, if the enrolled college athlete— (A) does not receive compensation, directly or indirectly, from a professional sports league; and (B) not later than 7 days after the completion of the draft or tryout, notifies his or her athletic director of his or her intent to forgo participation in the professional league. (2) Prohibition on obligations and penalties A professional sports league may not place any obligation on, or penalize, a college athlete for entering its draft but choosing instead to participate in intercollegiate athletics before entering into a contract with a professional team or club. (f) Right to full participation in intercollegiate athletics competition An institution of higher education, an intercollegiate athletic association, a conference, or a State may not maintain or enforce any rule, requirement, standard, condition, or other limitation that prevents the full participation of an enrolled college athlete in intercollegiate athletics competition based on the enrolled college athlete having— (1) entered into an endorsement contract; or (2) obtained representation described in subsection (c)(1). (g) Additional protections An institution of higher education, an intercollegiate athletic association, or a conference may not— (1) arrange an endorsement contract on behalf of a college athlete; (2) impose on enrolled college athletes restrictions on speech that are more stringent than restrictions on speech imposed on other students enrolled in the institution of higher education; (3) except as otherwise provided in this Act, levy against an enrolled college athlete any fine or other punishment that does not apply equally to other students enrolled in the institution of higher education; (4) coordinate or cooperate with any other institution of higher education, intercollegiate athletic association, or conference to limit opportunities related to a college athlete’s use or profit from his or her name, image, likeness, or athletic reputation; or (5) eliminate the funding of an athletic program unless all other options for reducing the expenses of the athletic program, including reducing coach salaries and administrative and facility expenses, are not feasible. 4. Right to Title IX equity (a) Institutions of higher education Each institution of higher education shall— (1) not later than July 1 each year— (A) complete an evaluation, using all relevant measures, of the compliance of the institution of higher education with Title IX in athletics; and (B) publish such evaluation on a publicly accessible internet website of the institution of higher education; (2) publish on a publicly accessible internet website of the institution of higher education the name and contact information of the institution’s Title IX coordinator; and (3) inform college athletes enrolled at the institution of higher education to whom an inquiry or a complaint relating to Title IX in athletics may be addressed. (b) Intercollegiate athletic associations and conferences An intercollegiate athletic association or a conference shall not discriminate on the basis of sex with regard to the provision, to college athletes in comparable sports, of health and safety, medical care, rest, room and board, nutrition, athletic facilities, athletic participation, transportation, and event promotions. (c) Enforcement An intercollegiate athletics association shall— (1) permanently ban an individual from intercollegiate athletics if the individual knowingly provides misleading information or causes omissions for the purpose of affecting a Title IX evaluation referred to in this section; and (2) provide college athletes the means to keep their identity confidential when making a Title IX in athletics inquiry or complaint to the intercollegiate athletics association. 5. Medical expenses for sports-related injuries and health care services for college athletes (a) Coverage and expenses (1) Institutions of higher education reporting $20,000,000 or more in athletics revenue Each institution of higher education reporting $20,000,000 or more in total athletics revenue to the Department of Education during the preceding academic year shall be financially responsible for the out-of-pocket sports-related medical expenses of each college athlete of the institution, including expenses related to communicable illnesses acquired by a former college athlete during their intercollegiate athletics eligibility, during the 2-year period beginning on the date of the former college athlete’s last team athletic activity. (2) Institutions of higher education reporting $50,000,000 or more in athletics revenue Each institution of higher education reporting $50,000,000 or more in total athletics revenue to the Department of Education during the preceding academic year shall— (A) offer nationally portable primary medical insurance to each enrolled college athlete, paid for by the institution; and (B) be financially responsible for the out-of-pocket sports-related medical expenses of each college athlete of the institution, including expenses related to communicable illnesses acquired by a former college athlete during their intercollegiate athletics eligibility, during the 4-year period beginning on the date on which the former college athlete ceased to be an enrolled college athlete. (3) Payment of out-of-network expenses If a college athlete of an institution of higher education that is responsible for the college athlete’s medical expenses chooses to receive medical care independent from the institution of higher education’s network, the institution of higher education shall pay the amount that is the lesser of— (A) the out-of-pocket expenses for such medical care; or (B) the amount the institution would have paid if the college athlete had received the medical care within the institution of higher education’s network. (4) Second opinions An institution of higher education— (A) shall pay for a college athlete to obtain an independent second opinion with respect to a sports-related medical condition; and (B) shall not impede a college athlete’s right to obtain such second medical opinion. (b) Medical trust fund (1) Establishment The Commission shall establish a medical trust fund to cover the cost of— (A) (i) for enrolled college athletes, the out-of-pocket expenses relating to any athletic program-related injury or illness not covered by an institution of higher education; and (ii) during the 4-year period beginning on the date on which an individual ceases to be an enrolled college athlete, the out-of-pocket expenses relating to any athletic program-related injury or illness suffered by such individual while the individual was an enrolled college athlete; (B) medical expenses for college athletes diagnosed with athletic program-related conditions, including chronic traumatic encephalopathy or other cognitive impairment; and (C) independent medical second opinions for enrolled college athletes. (2) Contributions (A) In general Not later than July 31 each year, each athletic association and conference that generates over $200,000,000 in annual athletics revenue shall make contributions to the Fund in an amount determined by the Commission that totals, in the aggregate, not more than $50,000,000 to help cover the costs of medical treatment described in paragraph (1) for the applicable academic year. (B) Consideration In determining amounts to be contributed by athletic associations and conferences under subparagraph (A), the Commission shall take into account their respective athletics revenues. (C) Penalty for noncompliance (i) In general An institution of higher education that fails to make a timely contribution required by subparagraph (A) shall— (I) make the delinquent contribution retroactively; and (II) be assessed— (aa) interest on such contribution at a rate of 10 percent annually; and (bb) a civil penalty that is the greater of— (AA) for each academic year concerned, the amount equal to 20 percent of the total athletics revenue generated by the institution of higher education; or (BB) $200,000. (ii) Waiver In the case of a first delinquent contribution, the Commission may waive the applicability of clause (i) on request by the institution of higher education concerned if the institution of higher education makes the delinquent payment not later than August 14 of the year in which the payment was due. (c) Physical examinations (1) In general Not later than 3 days after the date on which the regular season of the sport of a college athlete ends during the college athlete’s final year of intercollegiate athletics eligibility (or in the case of a transfer, not later than 3 days after receiving a college athlete’s notice of intent to transfer), an institution of higher education shall provide the college athlete notice of, and an opportunity to undergo, a physical examination within or independent of the institution of higher education’s network for the purpose of diagnosing any athletic program-related injury or condition. (2) Former college athletes A former college athletes shall be allowed not less than 60 days to complete a physical examination under paragraph (1). (d) Second opinions An enrolled college athlete shall have the right to obtain a medical second opinion independent from the medical opinion given by the institution of higher education of the enrolled college athlete. (e) Independence of trainers, licensed mental health professionals, medical personnel, and volunteers (1) In general Any sports trainer, licensed mental health professional, or medical personnel employed by an institution of higher education shall— (A) be employed by an office or department of the institution of higher education that is independent of the athletic department; and (B) operate independently from the athletic department. (2) Volunteers Any sports trainer, licensed mental health professional, or medical personnel who volunteers to provide athletic training or mental health or medical services for college athletes for an institution of higher education shall operate independently from the athletic department. 6. Health, wellness, and safety standards (a) Establishment of standards (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary ), acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the Assistant Secretary of Labor for Occupational Safety and Health, shall establish health, wellness, and safety standards for intercollegiate athletic programs. (2) Consultation and considerations In developing the standards under paragraph (1), the Secretary shall— (A) consult with— (i) the Sports Science Institute of the National Collegiate Athletic Association; and (ii) college athlete health and safety advocacy communities; and (B) consider existing guidelines of relevant nonprofit entities, such as the National Collegiate Athletic Association, conferences, professional sports leagues, the National Athletic Trainers Association, and college athlete advocacy communities. (3) Content The standards established under paragraph (1) shall address— (A) cardiac health; (B) concussion and traumatic brain injuries; (C) illegal performance enhancers and substance abuse; (D) mental health; (E) nutrition, sleep, and performance; (F) overuse injuries, periodization, and heat-related illnesses; (G) sexual assault and interpersonal violence; (H) athletics health care administration; (I) weight and pain management; (J) Rhabdomyolysis; (K) sickle cell trait; (L) asthma; (M) best practices to prevent serious harm in sports medicine, physical therapy, athletic training, and athletic strength and conditioning; (N) coaching principles prioritizing college athlete well-being; and (O) any other topic the Secretary considers appropriate. (b) Trainers and medical personnel Athletic trainers and physicians shall have the autonomous, unchallengeable authority to determine medical management and return-to-play decisions with respect to college athletes, and a coach or other nonmedical personnel of an institution of higher education may not attempt to influence or disregard such decisions. (c) Routine compliance audits Not less frequently than annually, the Commission shall conduct an audit of athletic departments to verify compliance with the standards established under subsection (a)(1). (d) Penalties (1) Individuals An individual shall be subject to a lifetime ban on involvement in intercollegiate athletics if the individual is found to have— (A) caused serious harm— (i) due to noncompliance with a standard established under subsection (a)(1); or (ii) by failing to adequately address such noncompliance; (B) threatened or retaliated against any individual or entity that reports such noncompliance; (C) knowingly provided false information; or (D) attempted to obstruct an investigation by the Commission related to a possible violation of such a standard. (2) Institutions of higher education An institution of higher education found to be in noncompliance with a standard established under subsection (a)(1) shall be responsible for medical and academic expenses related to the resulting harm of a college athlete and any other penalty or remedy, as determined by the Commission. 7. College athletes’ right to educational outcomes (a) Guarantee of grant-in-Aid (1) In general Except as provided in paragraph (3), an institution of higher education that provides an enrolled college athlete with grant-in-aid for an academic year shall provide the individual with grant-in-aid described in paragraph (2) for each subsequent academic year in which the individual is enrolled at the institution— (A) until the individual receives an undergraduate degree from such institution; and (B) regardless of athletic performance or permanent injury. (2) Amount Grant-in-aid awarded to an individual for a subsequent year in accordance with paragraph (1) shall be in an amount equal to the grant-in-aid provided to the individual for the preceding year, increased annually for inflation, at a rate reported by the Bureau of Labor Statistics for the preceding year. (3) Exceptions Paragraph (1) shall not apply with respect to an individual who— (A) is found by the institution of higher education to have committed academic fraud or other misconduct that would ordinarily result in expulsion; or (B) earns a grade point average of less than 2.20 on a 4-point scale, or the equivalent, for 2 or more consecutive semesters. (b) Requirements for academic advising and tutoring Any academic advisor or tutoring services provided to an enrolled college athlete by an institution of higher education shall be independent from the athletic department of the institution of higher education. (c) No influence or retaliation for coursework An individual employed by or volunteering for an athletic department of an institution of higher education may not— (1) attempt to discourage an enrolled college athlete from selecting a course or an academic major of their choice; or (2) retaliate against an enrolled college athlete based on— (A) the enrolled college athlete’s selection of any course or academic major; or (B) the enrolled college athlete’s attention to coursework required by such course or major. (d) No interference in extracurriculars An individual employed by an athletic department of an institution of higher education shall not interfere with, or discourage, any enrolled college athlete who wishes to secure employment or internships, participate in student groups or events, or serve as a volunteer, as long as such activities do not interfere with mandatory class time, examination periods, or mandatory team activities. 8. College athletes’ right to transparency (a) In general Prospective college athletes, including enrolled college athletes seeking a transfer to an institution of higher education, shall have the right to transparency in agreements that grant an institution of higher education control over the intercollegiate athletics eligibility of enrolled college athletes. (b) Disclosures (1) In general Such an agreement shall include the following disclosures, which shall be legally binding: (A) The amount of institution of higher education athletics grant-in-aid and stipend offered to the prospective college athlete, relative to the most recent cost of attendance, for each academic school year and each summer session. (B) The amount and duration of institution of higher education athletics grant-in-aid that will be provided to assist the prospective college athlete with graduate degree completion following the expiration of their intercollegiate athletics eligibility. (C) The percentage of comprehensive medical coverage required, including any required coverage to participate in intercollegiate athletics or to enroll as a student, that will be paid for by the institution of higher education during the enrolled college athlete’s intercollegiate athletics eligibility. (D) The percentage of any out-of-pocket sports-related medical expenses, including deductibles, copays, and coinsurance, that will be paid by the institution of higher education during the prospective college athlete’s intercollegiate athletics eligibility, and any duration that such expenses will be covered after the prospective college athlete’s intercollegiate athletics eligibility expires. The difference between any in-network and out-of-network expenses shall be stated. (E) Whether the institution of higher education will pay for a disability insurance policy to cover future loss of earnings and any limit to such a policy, including the maximum possible benefits based on similarly situated college athletes. (F) Notice that a college athlete has the opportunity to transfer and be released from a national letter of intent as outlined in this Act. (2) Structure The disclosures required by paragraph (1) shall be listed— (A) in the order in which the disclosures are described in that paragraph; and (B) beginning on the first page of such agreement. (3) Rule of construction Nothing in this subsection may be construed to require an institution of higher education to provide a benefit described in any of subparagraphs (A) through (F) of paragraph (1) unless otherwise required by this Act. 9. Financial literacy and life skills development program (a) In general Each institution of higher education shall— (1) offer a financial literacy and life skills development program described in subsection (b); and (2) require every enrolled college athlete to attend the program during the enrolled college athlete’s first year of participation in intercollegiate athletics. (b) Financial literacy and life skills development program (1) In general Each financial literacy and life skills development program offered under subsection (a) shall— (A) be not less than 15 hours in total duration across sessions; (B) be eligible for postsecondary credit, consistent with the credit allocation guidelines of the institution of higher education; and (C) include, at a minimum, information regarding— (i) the rights of college athletes under this Act; and (ii) time management skills, personal budgeting, debt, credit, and interest rates. (2) Limitation A financial literacy and life skills development program offered under subsection (a) may not include any marketing, advertising, referral, or solicitation by providers of financial products or services. 10. Reporting and accountability (a) Annual reporting by institutions of higher education Not later than 60 days after the date on which an academic year ends, each institution of higher education with 1 or more athletic programs shall publish on a publicly accessible internet website of the institution and submit to the Commission a report that includes, for the academic year, the following: (1) The revenues and expenditures of each athletic program, including donations, Federal funds, State funds, and compensation for athletic program personnel, individually and in the aggregate. (2) The average number of hours enrolled college athletes participating in an intercollegiate sport spent on athletic activities and team travel, including mandatory team activities and voluntary team activities, disaggregated by athletic program. (3) The academic outcomes and majors for enrolled college athletes reported by the Commission, disaggregated by athletic program, current or former participation in an intercollegiate sport, race and ethnicity, and gender. (b) Commission database The Commission shall maintain a publicly accessible, searchable database that contains the information provided in each annual report submitted under subsection (a). 11. Commission on College Athletics (a) Establishment There is established a commission, to be known as the Commission on College Athletics , for the following purposes: (1) To act for the benefit of all college athletes, without regard to receipt of grant-in-aid. (2) To protect the academic, health, and economic interests of college athletes. (3) To ensure that college athlete agents faithfully represent the interests of college athletes. (4) To enforce this Act and the standards established under subsection (d)(1) in a manner adequate to deter violations, and to set penalties for violations. (5) To protect and promote the health, wellness, and safety of college athletes. (b) Organization (1) Federal charter The Commission is a federally chartered corporation, governed by a board of directors, and entrusted with the constitutional duty to take care that the laws be faithfully executed. (2) Perpetual existence Except as otherwise provided in subsection (n), the Commission has perpetual existence. (3) Status The Commission is not an agency (as defined in section 551 of title 5, United States Code). (4) Constitution and bylaws The Commission shall adopt a constitution and bylaws that reflect the rights and protections set forth in this Act. (c) Board of directors (1) Composition (A) In general The board of directors of the Commission (referred to in this section as the Board ) shall be comprised of 9 members, who, subject to subparagraphs (B) through (E), shall be appointed by the President, by and with the advice and consent of the Senate. (B) Diversity The appointment of members of the Board shall be coordinated to ensure diversity among such members. (C) Political party Not more than 5 members of the Board may be appointed from the same political party. (D) Requirements (i) In general Each member appointed under subparagraph (A) shall have achieved distinction in his or her respective professional field. (ii) Representation The members of the Board shall be representatives of former college athletes, professional fields, and members of the public as follows: (I) Not fewer than 5 members filling the designated categories described in subclauses (II) through (IX) shall be former college athletes who have graduated from an institution of higher education. (II) 1 member shall have expertise in sports, contracts, and publicity rights law. (III) 1 member shall have expertise in constitutional law with respect to the freedom of speech. (IV) 1 member shall have expertise in communications. (V) 1 member shall be a certified public accountant with expertise in corporate financial audits and corporate compliance investigations. (VI) 1 member shall have expertise in arbitration. (VII) 1 member shall have expertise in sports economics. (VIII) 1 member shall have expertise in civil rights law and compliance with Title IX. (IX) 2 members shall have expertise in health, wellness, and safety in sports. (E) Independence (i) In general An individual who is employed by an institution of higher education, serves on the governing body of an institution of higher education, or receives compensation from an athletic program of an institution of higher education, an intercollegiate athletic association, or a conference, including a commissioner or an administrator of such an athletic program, an intercollegiate athletic association, or a conference, may not serve as a member of the Board. (ii) Former commissioners and administrators A former commissioner or administrator of an athletic program of an institution of higher education, an intercollegiate athletic association, or a conference shall not be eligible to serve on the Board. (2) Terms; vacancies (A) Terms A member of the Board shall be appointed for a term of 5 years, except that— (i) the Chair shall be appointed for a term of 2 years; and (ii) of the other members first appointed— (I) 4 members shall be appointed for a term of 5 years; (II) 3 members shall be appointed for a term of 4 years; and (III) 2 members shall be appointed for a term of 3 years. (B) Vacancies (i) 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 condition that applied with respect to the original appointment. (ii) Filling unexpired term An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (C) Expiration of terms The term of any member shall not expire before the date on which the member’s successor takes office. (3) Chair (A) Initial appointment The first chair of the Board shall be appointed by the President. (B) Subsequent appointments Any subsequent chair of the Board shall be elected by a majority of the members of the Board. (4) Initial meeting Not later than 60 days after the date on which the majority of members have been appointed under paragraph (1)(A), the Board shall hold an initial meeting. (5) Quorum A majority of members of the Board shall constitute a quorum. (6) Salary Each member of the Board shall be compensated at a rate not to exceed the highest annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Duties and authority (1) Establishment of standards (A) Endorsement contracts The Commission shall establish standards with respect to a college athlete’s use of, and ability to profit from, their name, image, likeness, and athletic reputation. (B) Certification of college athlete agents (i) In general The Commission shall establish standards with respect to— (I) registration and annual certification of— (aa) college athlete agents; (bb) agencies and entities that represent college athletes; (cc) attorneys who represent college athletes in endorsement contracts; and (dd) individuals and entities that provide financial advising services to college athletes; (II) revocation of such certification, including the power to assess fines and penalties for individuals and entities that do not comply with Commission standards; and (III) agency fees charged by college athlete agents. (ii) Recognition of the Commission as college athlete agent certification body Section 3 of the Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7802 ) is amended by adding at the end the following: (c) Recognition of the Commission on College Athletics as certification body The Commission on College Athletics established by section 11 of the College Athletes Bill of Rights shall— (1) be recognized as the certification body for athlete agents; and (2) have the authority to establish standards and procedures with respect to the registration, annual certification, and conduct of athlete agents. . (iii) Educational requirements for college athlete agents The Commission may not establish a standard requiring college athlete agents to attain a bachelor’s degree, an associate’s degree, or a graduate degree from an institution of higher education. (C) Health, wellness, and safety The Commission shall establish standards with respect to the health, wellness, and safety of college athletes consistent with the standards established by the Secretary of Health and Human Services under section 6(a)(1). (D) Purposes of Commission governing standards In establishing the standards under this paragraph, the Commission shall ensure that such standards effectuate the purposes of the Commission set forth in subsection (a). (2) Development of educational materials (A) In general The Commission shall develop and disseminate educational materials relating to endorsement contracts for college athletes, institutions of higher education, intercollegiate athletic associations, and conferences. (B) Dissemination of information The member of the Board described in subsection (c)(1)(D)(ii)(IV) shall be responsible for disseminating such educational materials. (3) Reporting mechanism (A) In general The Commission shall establish and maintain a dedicated telephone hotline and an online portal by which college athletes may report— (i) instances of improper conduct; and (ii) noncompliance with the standards established under section 6(a)(1). (B) Procedure Not later than 30 days after receiving a report from a college athlete regarding an instance of improper conduct or noncompliance with such guidelines, the Commission shall— (i) determine whether an investigation is warranted; and (ii) provide to the college athlete notification of the determination made under clause (i), together with a justification for such determination. (C) Protection from retaliation A college athlete who makes a report under this paragraph shall be protected from threats and retaliation. (4) Resolution of disputes (A) In general The Commission shall provide a forum for the swift and equitable resolution of conflicts relating to endorsement contracts through a dispute resolution process for college athletes, institutions of higher education, intercollegiate athletic associations, and conferences. (B) Procedure (i) In general With respect to a dispute resolution process referred to in subparagraph (A), the Commission shall— (I) provide to applicable individuals or entities notice and an opportunity for a hearing; and (II) select an arbitrator, who shall make a decision on resolution of the dispute. (ii) Appeal A party to such a dispute resolution process may appeal the decision of the arbitrator to the Commission, which may— (I) review the decision; and (II) issue a final decision. (5) Assessment of fees (A) Annual agent certification fees The Commission may assess an annual certification fee for each college athlete agent certified in accordance with the standards established under paragraph (1)(B). (B) Certain intercollegiate athletic associations and conferences (i) In general Beginning in 2023, not later than August 1 each year, athletic associations and conferences that generate over $200,000,000 in annual revenue shall pay a fee to the Commission in an amount determined by the Commission that, subject to paragraph (2), in the aggregate totals not more than $50,000,000. (ii) Adjustments The aggregate amount described in subparagraph (A) shall be increased annually for inflation, at a rate reported by the Bureau of Labor Statistics for the preceding year. (iii) Remittance of fees Intercollegiate athletic associations and conferences shall remit such fees to the Commission. (C) Collection The Commission may collect fees under paragraphs (A) and (B) in accordance with such rules as the Commission may establish. (6) Title IX monitoring, investigations, and reporting (A) Monitoring The Commission shall monitor and provide publicly available information about the compliance with Title IX of athletic programs within an institution of higher education that is subject to Title IX. (B) Investigations The Commission may investigate any action by any such athletic program that would constitute a violation of Title IX. (C) Reporting If, in the course of such an investigation, the Commission becomes aware of a potential violation of Title IX, the Commission shall submit to the Office for Civil Rights of the Department of Education all proper information in the possession of the Commission relating to the potential violation. (7) Administration of Medical Trust Fund (A) In general The Commission shall administer the Fund as described in section 5(a). (B) Annual assessments Not less frequently than annually, the Commission shall determine— (i) the necessary funding levels to be maintained in the Fund to adequately fulfill the financial obligations of the Fund; and (ii) the amount each institution of higher education with an athletic department shall be required to contribute for the applicable academic year, in accordance with section 5(a)(2). (C) Maintenance of funds On an ongoing basis, the Commission shall maintain in the Fund the level of funding determined necessary under subparagraph (B)(i). (D) Collection Not less frequently than annually, the Commission shall collect from institutions of higher education with athletic departments the amount determined under subparagraph (B)(ii). (8) Additional duties and authorities The Commission— (A) shall— (i) maintain the database as described in section 10(b); (ii) issue reports as described in subsection (j); (iii) conduct audits of athletic programs to ensure compliance with this Act and standards established under paragraph (1); (iv) carry out investigations relating to violations of this Act or any such standard; (v) establish penalties for violations of this Act, including civil penalty amounts, and update such penalties on an annual basis to adjust for inflation; (vi) establish rules to conduct reviews of contracts under section 3(a)(2), taking into considering payment arrangements that provide royalties to college athletes whose names, images, likenesses, or athletic reputations are used in such activities; and (vii) carry out enforcement actions as described in section 12(a); and (B) may— (i) establish and maintain offices to conduct the affairs of the Commission; (ii) hire staff to carry out the duties described in this section; (iii) enter into contracts; (iv) acquire, own, lease, encumber, and transfer property as necessary to carry out such duties; (v) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; (vi) publish a magazine, newsletter, and other publications consistent with such duties; (vii) subpoena an individual the testimony of whom may be relevant to such duties; and (viii) carry out any other activity, including the issuance of rules, regulations, and orders, as the Commission considers necessary and proper to carry out such duties or the purposes set forth in subsection (a). (e) Advisory councils (1) Athlete Advisory Council (A) Establishment There is established within the Commission an Athlete Advisory Council to provide advice and information to the Commission. (B) Membership The members of the Athlete Advisory Council shall be selected by the Board as follows: (i) 50 percent shall be enrolled college athletes participating in an intercollegiate sport. (ii) 50 percent shall be former college athletes who have graduated from institutions of higher education. (2) Other advisory councils There are established within the Commission, for the purpose of providing advice and expertise to the Commission and with inclusion of current college athletes, former college athletes, and athletic administrators— (A) a Health, Wellness, and Safety Advisory Council; (B) an Educational Opportunity Advisory Council; (C) a Labor and Compensation Advisory Council; and (D) a Gender Equity Advisory Council. (3) Term The term of a member of an advisory council established under this subsection shall be 2 years. (4) Report Not later than 1 year after the date of the enactment of this Act, the Labor and Compensation Advisory Council shall issue a public report that describes potential pathways for college athletes to collectively bargain and form a union. (f) Ombudsman for college athletes (1) In general The Commission shall hire and provide salary, benefits, and administrative expenses for an ombudsman for college athletes (referred to in this subsection as the Ombudsman ). (2) Duties The Ombudsman shall— (A) provide independent advice to college athletes at no cost with respect to— (i) the provisions of this Act; (ii) the constitution and bylaws of the Commission; and (iii) the resolution of any dispute relating to the opportunity of a college athlete to enter into an endorsement contract; (B) assist college athletes in the resolution of any such dispute; and (C) report to the Board and the Athlete Advisory Council on a regular basis. (3) Hiring procedures; vacancy; termination (A) Hiring procedures The procedure for hiring the Ombudsman shall be as follows: (i) The Athlete Advisory Council shall provide the chair of the Board with the name of 1 qualified individual to serve as Ombudsman. (ii) The chair of the Board shall immediately transmit the name of such individual to the Board. (iii) The Board shall hire or not hire such individual after fully considering the advice and counsel of the Athlete Advisory Council. (B) Vacancy If there is a vacancy in the position of Ombudsman, the nomination and hiring procedure set forth in this paragraph shall be followed in a timely manner. (C) Termination The Commission may terminate the employment of an individual serving as Ombudsman only if— (i) the termination is carried out in accordance with the applicable policies and procedures of the Commission; (ii) the termination is initially recommended to the Board by— (I) a majority of the Board; or (II) a majority of the Athlete Advisory Council; and (iii) the Board fully considers the advice and counsel of the Athlete Advisory Council before deciding whether to terminate the employment of such individual. (g) Restrictions (1) Profit and stock The Commission may not engage in business for profit or issue stock. (2) Political activities The Commission shall be nonpolitical and may not promote the candidacy of any individual seeking public office. (h) Headquarters, principal office, and meetings The Commission shall maintain its principal office and national headquarters in a location in the United States decided by the Commission. The Commission may hold its annual and special meetings in the places decided by the Commission. (i) Service of process As a condition to the exercise of any authority or privilege granted by this section, the Commission shall have a designated agent to receive service of process for the Commission. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the Commission. (j) Reports Not less frequently than annually, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the President a report that includes— (1) the number of disputes resolved by the Commission in the preceding year under subsection (d)(4), and if applicable, a description of such dispute resolutions; (2) the number of such disputes filed in the preceding year; (3) with respect to a violation of this Act or a standard or rule established under this Act, a summary of the violation and a description of the enforcement action taken by the Commission; and (4) recommendations for legislative or administrative action, as the Commission considers appropriate. (k) Applicability of the Freedom of Information Act The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ), shall apply to the activities, records, and proceedings of the Commission. (l) Funding Any fee assessed or fine imposed under this Act shall be allocated toward funding the Commission and its activities. (m) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2023 and 2024. (n) Effective date This section shall take effect on the date that is 90 days after the date of the enactment of this Act. 12. Enforcement (a) Enforcement by Commission (1) In general The Commission shall carry out enforcement actions for any violation of this Act, or a standard or rule established under this Act, including by— (A) levying fines; (B) imposing penalties, including suspension or a permanent ban of an individual or entity from participation in intercollegiate athletics competition for a period determined by the Commission; and (C) commencing civil actions and seeking all appropriate legal, equitable, or other relief, including damages and injunctions. (2) Notice With respect to an enforcement action carried out under this subsection, the Commission shall provide to the individual or entity concerned notice of the enforcement action and an opportunity for a hearing. (3) Imposition of fines With respect to a violation of this Act, or a standard or rule established under this Act, that has damaged or unjustly enriched a regulated party, the Commission shall impose a fine in an amount not less than the value of the damage or unjust enrichment. (4) Representation The Commission may act in its own name and through its own attorneys— (A) in enforcing any provision of this Act, the standards and rules established under this Act, or any other law or regulation; and (B) in any civil action, suit, or proceeding to which the Commission is a party. (5) Compromise of actions The Commission may compromise or settle any civil action if such compromise or settlement is approved by the court. (6) Forum A civil action under this Act may be brought by the Commission in a Federal district court of competent jurisdiction. (7) Rule of construction An enforcement action carried out by the Commission shall be construed as an enforcement action carried out by the Federal Government, and the Federal Government shall be considered to be exercising political responsibility for such action, regardless of any claim of a State to sovereign immunity under the 11th Amendment to the Constitution of the United States or any other law. (b) Institutions of higher education Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) (A) The institution will— (i) comply, and ensure that all business partners of the institution comply, with the requirements of sections 3, 4, 7, 8, 9, and 10(a) of the College Athletes Bill of Rights ; and (ii) not participate in any athletic conference or athletic association that fails to comply with such requirements. . (c) Private right of action A college athlete aggrieved by a violation of this Act, or a standard or rule established under this Act, may bring a civil action for all appropriate remedies in a Federal district court of competent jurisdiction. (d) Actions by State (1) In general In any case in which the attorney general of a State, or such other official as the State may designate, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, or a standard or rule established under this Act, the State may bring a civil action on behalf of the residents of the State in an appropriate State court or a district court of the United States that is located in the State and has jurisdiction over the defendant— (A) to enforce compliance with this Act or such standard or rule; and (B) for all appropriate remedies. (2) Notice (A) In general Before filing an action under this subsection or commencing any other administrative or regulatory proceeding to enforce this Act, or a standard or rule established under this Act, the attorney general, official, or agency of the State involved shall provide to the Commission— (i) a written notice of such action or proceeding; and (ii) a copy of the complaint for such action or proceeding. (B) Contents of notice The written notice required by subparagraph (A) shall include— (i) the identity of the parties; (ii) a description of the alleged facts underlying the action or proceeding; and (iii) an assessment as to whether there is a need to coordinate the prosecution of the action or proceeding so as not to interfere with any action or proceeding undertaken by the Commission or a Federal agency. (C) Commission response On receiving notice under this paragraph of an action or proceeding under this subsection, the Commission shall have the right— (i) to intervene in the action or proceeding; (ii) upon so intervening— (I) to remove the action or proceeding to the appropriate United States district court, if the action or proceeding was not originally brought there; and (II) to be heard on all matters arising in the action or proceeding; and (iii) to appeal any order or judgment, to the same extent as any other party in the proceeding. (3) Regulations The Commission shall prescribe regulations to implement this subsection and, from time to time, provide guidance to further coordinate actions with State attorneys general and other regulators. (4) Rule of construction Nothing in this subsection may be construed as altering, limiting, or affecting the authority of a State attorney general or any other regulatory or enforcement agency or authority to bring an action or other regulatory proceeding arising solely under the law in effect in that State. (e) Applicability of Sports Agent Responsibility and Trust Act to college athlete agents Sections 3 through 5 of the Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7802–7804 ) shall apply with respect to college athlete agents. (f) Sovereign immunity The use or receipt by a State of Federal financial assistance for a work-study program under section 3485 of title 38, United States Code, shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution of the United States or any other law, to any suit brought by any college athlete aggrieved by a violation of this Act or by any enforcement action brought by the Commission, for legal, equitable, or other relief (including damages and injunctions) under this Act. 13. Preemption No State or political subdivision of a State may establish or continue in effect any law or regulation that governs, regulates, or abrogates— (1) the right of college athletes to be compensated by a third party for use of their name, image, likeness, or athletic reputation; (2) the freedom and right of college athletes to secure representation by college athlete agents or group licensing entities; (3) the regulation and certification of college athlete agents and group licensing entities; and (4) intercollegiate athletics eligibility with respect to— (A) transfers to another institution of higher education; and (B) professional sports drafts. 14. Rules of construction Nothing in this Act may be construed— (1) to preempt, modify, limit, or supersede any State law or regulation relating to attorneys or sports agents or other athlete representatives who are not college athlete agents; or (2) to modify or limit the enforcement authority of the Occupational Safety and Health Administration, the Department of Labor, the Department of Education, or any other Federal agency. 15. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder 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-117s4724is/xml/BILLS-117s4724is.xml |
117-s-4725 | II 117th CONGRESS 2d Session S. 4725 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Grassley (for himself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend parts B and E of title IV of the Social Security Act to improve foster and adoptive parent recruitment and retention, and for other purposes.
1. Short title This Act may be cited as the Data-Driven Foster Parent Recruitment and Retention Act of 2022 . 2. State plan amendment (a) In general Section 422 of the Social Security Act ( 42 U.S.C. 622 ) is amended— (1) in subsection (b), by striking paragraph (7) and inserting the following: (7) provide for development and implementation of a family partnership plan which meets the requirements of subsection (d) for identification, recruitment, screening, licensing, support, and retention of foster and adoptive families that reflect the racial and ethnic diversity of children in the State for whom foster and adoptive homes are needed; ; and (2) by adding at the end the following: (d) Family Partnership Plan Requirements For purposes of subsection (b)(7), the requirements for a family partnership plan (in this subsection referred to as the plan ) are the following: (1) The plan is developed in consultation with birth, kinship, foster and adoptive families, community-based service providers, technical assistance providers, and youth with lived experience with foster care and adoption. (2) ) The plan describes — (A) how the State plans to identify, notify, engage, and support relatives as potential placement resources for children; (B) how the State plans to use data to establish goals, assess needs, measure progress, reduce unnecessary placements in congregate care, improve placement stability, increase rates of kinship placements, improve recruitment and retention of families for teens, sibling groups, and other special populations, and align the racial and ethnic composition of foster and adoptive families with that of children in need of homes; and (C) how that State will stand up or support foster family advisory boards for the purpose of improving recruitment and retention of foster and adoptive families. (3) The plan provides that, not less than annually, the State shall collect and report on the State’s actual foster family capacity and congregate care utilization, including the number, demographics, and characteristics of licensed foster families, the number of such families that are not being fully utilized and the reasons therefor, and the number, demographics, and characteristics of children placed in congregate care in-State and out-of-State. (4) The plan includes, and shall update not less than annually, a summary of the most recent feedback from foster and adoptive parents and youth regarding licensure, training, support, and reasons why parents stop fostering. (5) The plan includes such other information relating to foster and adoptive parent recruitment and retention as the Secretary may require. . (b) Effective date (1) In general Except as provided in paragraph (2), the amendment made by this subsection shall take effect on October 1, 2022. (2) Delay permitted if state legislation required In the case of a State plan approved under subpart 1 of part B of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this subsection. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. 3. Inclusion of information on foster families in annual child welfare outcomes report to Congress Section 479A of the Social Security Act ( 42 U.S.C. 679b ) is amended— (1) in subsection (a)— (A) in paragraph (6)(C), by striking and after the semicolon; (B) in paragraph (7)(B), by striking the period and inserting ; and ; and (C) by adding at the end the following: (8) include in the report submitted pursuant to paragraph (5) for fiscal year 2023 or any succeeding fiscal year— (A) State-by-State data on the number, demographics, and characteristics of foster families in the State, and the number of licensed foster families not being utilized in the State and the reasons why; and (B) a summary of the challenges of, and barriers to, being a foster parent, including with respect to recruitment, licensure, engagement, retention, and why parents stop fostering, as reported by States based on surveys of foster parents. ; and (2) in subsection (b)— (A) by striking The Secretary and inserting the following: (1) In general The Secretary ; and (B) by adding at the end the following: (2) Working group on data collection, use, and presentation Not later than 3 months after the date of enactment of the Data-Driven Foster Parent Recruitment and Retention Act of 2022 , the Secretary shall convene a working group comprised of leading child welfare researchers, child welfare practitioners, and individuals with lived experience in foster care, including youth with experience in both family-based care and congregate care, to advise the Secretary on the types, uses, and presentation of data to be included in the annual report required under this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s4725is/xml/BILLS-117s4725is.xml |
117-s-4726 | II 117th CONGRESS 2d Session S. 4726 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To alleviate pandemic learning loss.
1. Short title This Act may be cited as the Catch Up Our Kids Act of 2022 . 2. Findings Congress finds the following: (1) The COVID–19 pandemic and the resulting school disruptions will have a profound and lasting impact on students across the United States. (2) While most countries of the world closed schools at the beginning of the pandemic as a precaution, the United States was an outlier by keeping schools closed to in-person instruction for unnecessarily extended periods of time and favoring remote instruction. (3) There is no scientific evidence that showed elementary or secondary schools to be vectors for community spread, nor that school-aged children were uniquely vulnerable to the COVID–19 virus. To date, schools have not been proven to be major spreaders of COVID–19. (4) According to a study done by the Harvard University Center for Education Policy Research, 30 percent of students in elementary and secondary schools during the 2020–2021 school year attended schools that conducted classes remotely for more than 16 weeks. (5) The Harvard University study showed that high-poverty districts and districts that serve predominately Black and Hispanic students were more likely to have remote instruction. The study also showed that remote instruction was a primary driver of widening academic achievement gaps. (6) The achievement gaps and learning loss have proven remote instruction to be a failure. (7) In mathematics, studies show that students who attended mostly in-person instruction during the 2020–2021 school year lost approximately 20 percent worth of a typical school year’s mathematics learning. Comparatively, students who spent most of the school year in remote instruction lost 50 percent of math instruction. (8) According to a McKinsey study, on average, students in elementary and secondary schools are 3 months behind in reading as a result of the pandemic school disruptions. (9) Pandemic school closures, and the consequent learning loss, have reversed the progress made to narrow the academic achievement gaps for historically disadvantaged groups. Low-income, Black, and Hispanic students fell further behind compared to White, Asian, and high-income students. (10) Learning loss was shown to be less significant in States and school districts that reopened in-person instruction sooner. States with the lowest rates of remote instruction in both high- and low-poverty districts, such as Texas and Florida, saw smaller rates of learning loss and gaps in achievement compared to States with the highest rates of remote instruction. (11) If pandemic learning loss is permanent, studies show that students who attend high-poverty schools may see a decline of 5 percent in average earnings over their lifetimes. Overall, elementary and secondary school learning loss could result in a $2,000,000,000,000 decline in lifetime earnings. (12) All levels of government, elected officials, and those working in education must make it a priority to pursue parent-driven and directed policies to help students catch up from pandemic-related learning loss and close achievement gaps. 3. Use of unobligated ESSER funds for learning loss scholarships (a) Definitions In this section: (1) Eligible student The term eligible student means an elementary school or secondary school student— (A) whose parent or legal guardian applied for a learning loss scholarship under this section; and (B) who is a citizen or national of the United States or an alien (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) who is lawfully present in the United States. (2) Scholarship-granting organization The term scholarship-granting organization means an organization that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) provides learning loss scholarships to eligible students who— (i) reside in the State in which the organization is recognized; or (ii) in the case in which the organization received a subgrant from the Bureau of Indian Education, are members of a federally recognized Indian Tribe. (3) Secretary The term Secretary means the Secretary of Education. (4) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Department of the Interior (acting through the Bureau of Indian Education). (b) Transfer of unobligated funds The unobligated balance of funds made available to carry out section 18003 of division B of the CARES Act ( Public Law 116–136 ), section 313 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116–260 ), and section 2001 of the American Rescue Plan Act of 2021 ( 20 U.S.C. 3401 note) are hereby transferred and shall be used by the Secretary to carry out this section. (c) Learning loss scholarships (1) Authorization The Secretary shall use amounts transferred under subsection (b) to award grants to States that submit applications under paragraph (2). (2) Applications A State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (3) Allocations to States The amount of each grant under paragraph (1) shall be allocated by the Secretary to each State in the same proportion as each State received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) in the most recent fiscal year. (4) Subgrants to scholarship-granting organizations (A) In general A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. (B) Use of funds A parent or legal guardian of an eligible student who receives a learning loss scholarship may use the scholarship on behalf of the eligible student for any of the following: (i) Tuition for enrollment at an elementary school or secondary school, including at a private elementary school or secondary school. (ii) Tutoring services. (iii) Educational classes or curriculum inside or outside of the home. (iv) Books, instructional materials, or online educational materials. (v) Educational therapies, including educational therapies and services for students with disabilities. (vi) Other educational and instructional materials as the student’s parent or legal guardian determines is beneficial in-relation to at-home learning, including online or virtual schooling or home instruction. 4. Learning loss tax credit (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: 25E. Learning loss tax credit (a) Allowance of credit In the case of a taxpayer who is an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying child of the taxpayer an amount equal to $1,200. (b) Limitation Subsection (a) shall not apply in the case of a taxpayer with adjusted gross income for the taxable year in excess of— (1) $400,000 in the case of a joint return, and (2) $200,000 in any other case. (c) Eligible individual For purposes of this section, the term eligible individual means a citizen or national of the United States. (d) Qualifying child For purposes of this section— (1) In general The term qualifying child means a qualifying child of the taxpayer (as defined in section 152(c)) for whom the taxpayer is allowed a deduction under section 151 for the taxable year and who is eligible to attend elementary or secondary school within the State in which the taxpayer resides for all or a portion of the taxable year. (2) Exception The term qualifying child shall not include any individual who is not a citizen or national of the United States. (e) Identification requirements (1) Qualifying child identification requirement No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return. (2) Taxpayer identification requirement No credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued after the due date for filing the return for the taxable year. (f) Taxable year must be full taxable year Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. (g) Termination This section shall not apply to any taxable year beginning after December 31, 2024. . (b) Clerical amendment 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 25D the following new item: Sec. 25E. Learning loss tax credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 5. Exclusion for employee child educational assistance (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: 128. Children's educational assistance programs (a) Exclusion from gross income (1) In general Gross income of an employee does not include amounts paid or expenses incurred by the employer for educational assistance to the employee’s qualifying child if the assistance is furnished pursuant to a program which is described in subsection (b). (2) $2,000 maximum exclusion If, but for this paragraph, this section would exclude from gross income more than $2,000 of educational assistance furnished to an individual with respect to any one child of the individual during a calendar year, this section shall apply only to the first $2,000 of such assistance so furnished with respect to such child. (b) Children’s educational assistance program (1) In general For purposes of this section, a children’s educational assistance program is a separate written plan of an employer for the exclusive benefit of the employees of the employer to provide such employees' children with educational assistance. The program must meet the requirements of paragraphs (2) through (6) of this subsection. (2) Eligibility The program shall benefit employees who qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees who are highly compensated employees (within the meaning of section 414(q)) or their dependents. For purposes of this paragraph, there shall be excluded from consideration employees not included in the program who are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers, if there is evidence that children's educational assistance benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. (3) Other benefits as an alternative A program must not provide eligible employees with a choice between children's educational assistance and other remuneration includible in gross income. For purposes of this section, the business practices of the employer (as well as the written program) will be taken into account. (4) No funding required A program referred to in paragraph (1) is not required to be funded. (5) Notification of employees Reasonable notification of the availability and terms of the program must be provided to eligible employees. (c) Definitions; special rules For purposes of this section— (1) Educational assistance The term educational assistance , with respect to a qualifying child of an employee, means the payment, by an employer, of expenses incurred by or on behalf of an employee for such child for— (A) curriculum and curricular materials, (B) academic books or other instructional materials, (C) online educational materials, (D) tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and— (i) is licensed as a teacher in any State, (ii) has taught at an eligible educational institution (as defined in section 529(e)(5)), or (iii) is a subject matter expert in the relevant subject, or (E) fees for a nationally standardized norm-referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. The term educational assistance does not include any payment for, or the provision of any benefits with respect to, any course or other education involving sports, games, or hobbies. (2) Employee The term employee includes, for any year, an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). (3) Employer An individual who owns the entire interest in an unincorporated trade or business shall be treated as the individual's own employer. A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (2). (4) Qualifying child For purposes of this section— (A) In general The term qualifying child means a qualifying child of the taxpayer (as defined in section 152(c)) for whom the taxpayer is allowed a deduction under section 151 for the taxable year and who is eligible to attend elementary or secondary school within the State in which the taxpayer resides for all or a portion of the taxable year. (B) Exception for certain noncitizens The term qualifying child shall not include any individual who would not be a dependent if subparagraph (A) of section 152(b)(3) were applied without regard to all that follows resident of the United States . (5) Attribution rules (A) Ownership of stock Ownership of stock in a corporation shall be determined in accordance with the rules provided under subsections (d) and (e) of section 1563 (without regard to section 1563(e)(3)(C)). (B) Interest in unincorporated trade or business The interest of an employee in a trade or business which is not incorporated shall be determined in accordance with regulations prescribed by the Secretary, which shall be based on principles similar to the principles which apply in the case of subparagraph (A). (6) Denial of double benefit No deduction or credit shall be allowed to the employee under any other section of this chapter for any amount excluded from income by reason of this section. (d) Termination This section shall not apply to any taxable year beginning after December 31, 2024. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 127 the following new item: Sec. 128. Children's educational assistance programs. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 6. Temporary increase in contribution limit for Coverdell education savings accounts (a) In general Section 530 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Increased contribution limit To combat pandemic-Induced learning loss In the case of any taxable year beginning in 2022, 2023, or 2024, subsection (b)(1)(A)(iii) shall be applied by substituting $4,000 for $2,000 . . (b) Effective date The amendment made by this section shall apply to taxable years ending after December 31, 2021. 7. Special rules for qualified tuition programs (a) In general Section 529 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: (f) Special temporary rules To combat pandemic-Induced learning loss (1) In general In the case of any taxable year beginning in 2022, 2023, or 2024— (A) subsection (c)(7) shall be applied— (i) by substituting qualified expenses for tuition , and (ii) by treating qualified expenses in connection with a homeschool (whether treated as a homeschool or a private school for purposes of applicable State law) in the same manner as expenses in connection with enrollment or attendance at an elementary or secondary public, private, or religious school, and (B) the last sentence of subsection (e)(3) shall not apply. (2) Qualified expenses For purposes of apply paragraph (1)(A), the term qualified expenses means the following: (A) Tuition. (B) Curriculum and curricular materials. (C) Books or other instructional materials. (D) Online educational materials. (E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and— (i) is licensed as a teacher in any State, (ii) has taught at an eligible educational institution, or (iii) is a subject matter expert in the relevant subject. (F) Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. (G) Fees for dual enrollment in an institution of higher education. (H) Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 8. Special temporary gift tax rules for Coverdell education savings accounts and qualified tuition programs (a) Coverdell education savings accounts Section 530 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: (h) Special temporary rules To combat pandemic-Induced learning loss Notwithstanding subsection (d)(3), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a Coverdell education savings account during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13. . (b) Qualified tuition programs Section 529 of the Internal Revenue Code of 1986, as amended by section 8, is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: (g) Special temporary rules To combat pandemic-Induced learning loss Notwithstanding paragraphs (2) and (5)(B) of subsection (c), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a qualified tuition program during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13. . (c) Effective date The amendments made by this section shall apply to taxable years ending after December 31, 2021. 9. Prohibition of control over nonpublic education providers; parental rights; state and local authority (a) No federal control Nothing in this Act, or an amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. This Act, and any amendment made by this Act, shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act, or an amendment made by this Act. (b) No control by entities submitting lists Nothing in this Act, or an amendment made by this Act, shall be construed to permit, allow, encourage, or authorize an entity submitting a list of eligible scholarship-granting organizations on behalf of a State to mandate, direct, or control any aspect of a private or home education provider, regardless of whether or not a home education provider is treated as a private school under State law. (c) No exclusion or discrimination No participating State or entity acting on behalf of a State shall exclude, discriminate against, or otherwise disadvantage any education provider with respect to programs or services under this Act, or an amendment made by this Act, based in whole or in part on the provider’s religious education character or affiliation, including religiously or mission-based policies or practices. (d) Parental rights To use scholarships No participating State or entity acting on behalf of a State shall disfavor or discourage the use of learning loss scholarships for the uses described in section 3(c)(4)(B), including those services provided by private or nonprofit entities, such as faith-based providers. (e) State and local authority Nothing in this Act, or an amendment made by this Act, shall be construed to modify a State or local government’s authority and responsibility to fund education. | https://www.govinfo.gov/content/pkg/BILLS-117s4726is/xml/BILLS-117s4726is.xml |
117-s-4727 | II 117th CONGRESS 2d Session S. 4727 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Padilla (for himself, Ms. Warren , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a grant program to incentivize the energy resilience of air carrier airports to acquire or install solar photovoltaic panels, battery storage systems, microgrids, and related electric infrastructure for on-site renewable energy generation and storage, and for other purposes.
1. Short title This Act may be cited as the Airport Energy Resiliency and Renewable Energy Act of 2022 . 2. Grant program (a) Program (1) In general The Secretary shall establish a program under which the Secretary shall award grants to sponsors of air carrier airports for an eligible project that directly and substantially benefits the airport. (2) Application A sponsor of an air carrier airport seeking a grant under the program 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 assurance to comply with any labor regulations set forth in subchapter I of chapter 471 of title 49, United States Code. (b) Eligible projects For purposes of this section, an eligible project includes any project to acquire or install new renewable energy generation resources, such as solar photovoltaic panels, battery storage systems, or microgrids. (c) Federal share The maximum Federal share of allowable project costs for an eligible project carried out with a grant under this section is 90 percent. (d) Administration Of the amounts made available under subsection (f), the Secretary may reserve up to 2 percent for the administrative costs of carrying out this section. (e) Consultation In implementing this section, the Secretary shall consult with the Secretary of Energy. (f) Authorization of appropriations In addition to any amounts otherwise made available, there are authorized to be appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $25,000,000 for each of fiscal years 2023 through 2027 for the purpose of carrying out this section. (g) Definitions In this section: (1) Air carrier airport The term air carrier airport has the meaning given that term in section 47102 of title 49, United States Code. (2) Microgrid The term microgrid has the meaning given that term in section 641 of the United States Energy Storage Competitiveness Act of 2007 ( 42 U.S.C. 17231 ). (3) Secretary The term Secretary means the Secretary of Transportation. (4) Sponsor The term sponsor has the meaning given that term in section 47102 of title 49, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s4727is/xml/BILLS-117s4727is.xml |
117-s-4728 | II 117th CONGRESS 2d Session S. 4728 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Warnock introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow for a credit against tax for rent paid on the personal residence of the taxpayer.
1. Short title This Act may be cited as the Rent Relief Act of 2022 . 2. Refundable credit for rent paid for principal residence (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 36B the following new section: 36C. Rent paid for principal residence (a) In general In the case of an individual who leases the individual’s principal residence (within the meaning of section 121) during the taxable year and who pays rent with respect to such residence in excess of 30 percent of the taxpayer’s gross income for such taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to the applicable percentage of such excess. (b) Credit limited by 100 percent of small area fair market rent Solely for purposes of determining the amount of the credit allowed under subsection (a) with respect to a residence for the taxable year, there shall not be taken into account rent in excess of an amount equal to 100 percent of the small area fair market rent (including the utility allowance) applicable to the residence involved (as most recently published, as of the beginning of the taxable year, by the Department of Housing and Urban Development). (c) Definitions and special rules For purposes of this section— (1) Applicable percentage (A) In general Except as provided in subparagraph (B), the applicable percentage shall be determined in accordance with the following table: The applicable If gross income is: percentage is: Not over $25,000 100 percent Over $25,000, but not over $50,000 75 percent Over $50,000, but not over $75,000 50 percent Over $75,000, but not over $100,000 25 percent Over $100,000 0 percent. (B) High-cost areas In the case of an individual whose principal residence is located in an area designated by the Secretary of Housing and Urban Development as an area which has high construction, land, or utility costs relative to area median gross income for purposes of section 42(d)(5), each of the dollar amounts in the table contained in subparagraph (A) shall be increased by $25,000. (2) Partial year residence The Secretary shall prescribe such rules as are necessary to carry out the purposes of this section for taxpayers with respect to whom a residence is a principal residence for only a portion of the taxable year. (3) Special rule for individuals residing in government-subsidized housing In the case of a principal residence— (A) the rent with respect to which is subsidized under a Federal, State, local, or tribal program, and (B) with respect to which the taxpayer elects the application of this paragraph, in lieu of the credit determined under subsection (a), there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 1/12 of the amount of rent paid by the taxpayer (and not subsidized under any such program) during the taxable year with respect to such residence. (4) Rent The term rent 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) 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 7527A for such taxable year. (e) Termination This section shall not apply to taxable years beginning after December 31, 2024. . (b) Advance payment Chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after section 7527 the following new section: 7527A. Advance payment of middle class tax credit (a) In general Not later than 6 months after the date of the enactment of the Rent Relief Act of 2022 , the Secretary shall establish a program for making advance payments of the credit allowed under section 36C on a monthly basis to any taxpayer who— (1) the Secretary has determined will be allowed such credit for the taxable year, and (2) has made an election under subsection (c). (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 determined will be allowed to such taxpayer under section 36C 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) Election of advance payment A taxpayer may elect to receive an advance payment of the credit allowed under section 36C for any taxable year by including such election on a timely filed return for the preceding taxable year. (d) 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 36C are aware of the availability of the advance payment of such credit under this section. (e) 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) In general The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Rent paid for principal residence. . (2) Advance payment The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527 the following new item: Sec. 7527A. Advance payment of middle class tax credit. . (d) 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-117s4728is/xml/BILLS-117s4728is.xml |
117-s-4729 | II 117th CONGRESS 2d Session S. 4729 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Luján (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Agricultural Credit Act of 1978 to waive the cost share requirement under the emergency forest restoration program for land damaged by the Hermit's Peak/Calf Canyon Fire.
1. Short title This Act may be cited as the Hermit's Peak/Calf Canyon Fire Forest Restoration Program Relief Act . 2. Findings Congress finds that— (1) on April 6, 2022, the Forest Service initiated the Las Dispensas-Gallinas prescribed burn on Federal land in the Santa Fe National Forest in San Miguel County, New Mexico, when erratic winds were prevalent in the area, which was also suffering from severe drought after many years of insufficient precipitation; (2) on April 6, 2022, the prescribed burn, which became known as the Hermit’s Peak Fire , exceeded the containment capabilities of the Forest Service, was declared a wildfire, and spread to other Federal and non-Federal land; (3) on April 19, 2022, the Calf Canyon Fire, also in San Miguel County, New Mexico, began burning on Federal land and was later identified as the result of a pile burn in January 2022 that remained dormant under the surface before reemerging; (4) on April 27, 2022, the Hermit’s Peak Fire and the Calf Canyon Fire merged, and both fires were reported as the Hermit’s Peak Fire or the Hermit’s Peak/Calf Canyon Fire ; (5) by May 2, 2022, the fire had grown in size and caused evacuations in multiple villages and communities in San Miguel County and Mora County, including at the San Miguel county jail, the State’s psychiatric hospital, the United World College, and New Mexico Highlands University; (6) on May 4, 2022, the President issued a major disaster declaration for the counties of Colfax, Mora, and San Miguel, New Mexico; (7) on May 20, 2022, Chief of the Forest Service Randy Moore ordered a 90-day review of prescribed burn policies to reduce the risk of wildfires and ensure the safety of the communities involved; (8) the Forest Service has assumed responsibility for the Hermit’s Peak/Calf Canyon Fire; (9) the fire resulted in the loss of Federal, State, local, Tribal, and private property; and (10) the United States should compensate the victims of the Hermit’s Peak/Calf Canyon Fire. 3. Purpose The purpose of this Act is to ensure that victims of the Hermit’s Peak/Calf Canyon Fire are eligible to receive 100 percent funding for the cost of carrying out emergency measures under the emergency forest restoration program under section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 ). 4. Definition of Hermit’s Peak/Calf Canyon Fire In this Act, the term Hermit’s Peak/Calf Canyon Fire means— (1) the fire resulting from the initiation by the Forest Service of a prescribed burn in the Santa Fe National Forest in San Miguel County, New Mexico, on April 6, 2022; (2) the pile burn holdover resulting from a prescribed burn by the Forest Service in January 2022, which reemerged on April 19, 2022; and (3) the merger of the fires described in paragraphs (1) and (2), reported as the Hermit’s Peak Fire or the Hermit’s Peak/Calf Canyon Fire . 5. Waiver of cost share requirement for land damaged by Hermit's Peak/Calf Canyon Fire The Secretary of Agriculture shall waive the cost share requirement under subsection (d) of section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 ) with respect to a payment provided under that section for restoration of land damaged by the Hermit's Peak/Calf Canyon Fire. | https://www.govinfo.gov/content/pkg/BILLS-117s4729is/xml/BILLS-117s4729is.xml |
117-s-4730 | II 117th CONGRESS 2d Session S. 4730 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Hickenlooper (for himself and Mrs. Fischer ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a pilot program to provide competitive grants to land-grant colleges and universities to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities, and for other purposes.
1. Short title This Act may be cited as the National Innovation and Modern Skills Training Act of 2022 . 2. National innovation and modern skills training competitive grant pilot program The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1418 ( 7 U.S.C. 3153 ) the following: 1419. National innovation and modern skills training competitive grant pilot program (a) Definition of land-Grant college or university In this section, the term land-grant college or university includes a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )). (b) Establishment The Secretary shall establish a pilot program (referred to in this section as the pilot program ) to award competitive grants to land-grant colleges and universities to carry out activities described in subsection (c). (c) Eligible activities (1) In general A land-grant college or university that receives a grant under the pilot program shall use the grant funds to establish a statewide program, in cooperation with cooperative extension services and industry experts, to facilitate research and rapid workforce development and promote entrepreneurship and other benefits to communities across the applicable State. (2) Workforce development, research, and entrepreneurship programs (A) In general A statewide program established under paragraph (1) shall be composed of 1 or more workforce development, research, or entrepreneurship programs, which shall— (i) be provided through cooperative extension services, in partnership with 1 or more colleges or universities in the applicable geographic area; (ii) be administered by the applicable land-grant college or university; and (iii) confer to a participant a measurable benefit or credential on successful completion of the program. (B) Workforce development programs A workforce development program established under subparagraph (A) shall— (i) offer flexible and alternative educational pathways to promote workforce development, including— (I) stackable credentials; (II) micro degrees; (III) boot camps; or (IV) credit-by-examination programs; and (ii) focus on the middle- and high-skilled jobs needed in the economy, including local and remote work opportunities, with an emphasis on the unemployed and underemployed, through rapid upskilling, registered apprenticeships, and mentorship opportunities. (C) Research programs A research program established under subparagraph (A)— (i) may be tailored to support the needs of regional attributes, workforce needs, and economic development goals; and (ii) shall— (I) immerse participants in emerging science, technology, engineering, and mathematics fields and technologies such as artificial intelligence, cybersecurity, advanced computing, advanced manufacturing, 3D technology and printing, data management and use, digital technologies, biotechnology, health information technology, agricultural technology, advanced telecommunications, and robotics; (II) be tailored to support— (aa) the needs of large industry partners and their innovation pipelines; (bb) regional attributes; or (cc) economic development goals; (III) consist of research conducted by the land-grant college or university in partnership with the applicable community; and (IV) include the provision of match-funded research grants to local community members— (aa) to conduct research led by the land-grant college or university under subclause (III); and (bb) to submit to faculty of the land-grant college or university or staff of the cooperative extension service quarterly reports describing findings of the research conducted under item (aa), which may be shared with private sector providers of grants. (D) Entrepreneurship programs An entrepreneurship program established under subparagraph (A)— (i) shall focus on— (I) the strengths of local historical industries; (II) the modern globalized versions of those industries; (III) the innovation opportunities within those industries; (IV) the needs of the community; and (V) the variety of localized industries in the region; and (ii) may focus on creating an entrepreneurial environment, professional network, mentoring, and other resources to develop strong entrepreneurial ecosystems and small businesses— (I) to spur economic development in underrepresented communities; and (II) to develop the next generation of entrepreneurs across the United States. (E) Collaboration In carrying out a workforce development, research, or entrepreneurship program under this paragraph, a land-grant college or university is encouraged to collaborate with private-sector partners, workforce development boards, other institutions of higher education, and local leaders to develop programs that— (i) meet the professional and social needs of the applicable community; and (ii) address areas of national importance or need. (d) Eligibility To be eligible for a grant under the pilot program, a land-grant college or university— (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) a demonstration of the availability of matching funding from the private sector equal to the amount of the grant to carry out activities under the pilot program; (B) a 12-month plan that defines outcome goals under the pilot program for workforce, entrepreneurship, and research focuses; and (C) a demonstration of community engagement or community partners; (2) may submit an application under paragraph (1) jointly with 1 or more other land-grant colleges or universities in the same State; and (3) shall be subject to an evaluation, including metrics, relating to the performance of the land-grant college or university under the pilot program. (e) Selection of recipients The Secretary shall provide grants under the pilot program— (1) to land-grant colleges or universities in 10 States, including not more than 1 land-grant college or university in any State, unless 2 or more land-grant colleges or universities in a State submit a joint application in accordance with subsection (d)(2); and (2) taking into consideration— (A) regional and geographic diversity; and (B) the capacity of a land-grant college or university to engage industry, the workforce, and other organizations. (f) Amount and duration A grant under the pilot program shall be— (1) in the amount of $5,000,000; and (2) provided over a 3-year period. (g) Economic Development Coordinator The Secretary may appoint an Economic Development Coordinator— (1) to work with recipients of grants under this section; and (2) to coordinate efforts with cooperative extension services. (h) Coordination In carrying out the pilot program, the Secretary shall coordinate with— (1) the Secretary of Commerce; (2) the Secretary of Labor; (3) the Secretary of Education; (4) the Administrator of the Small Business Administration; and (5) the Director of the National Science Foundation. (i) Reports (1) Economic impact reports Not later than 180 days after the end of the period of a grant under the pilot program, the recipient of the grant shall submit to the Secretary a report describing the economic impacts of activities carried out using the grant. (2) Report to Congress Not later than 180 days after the Secretary receives the report under paragraph (1) from the last recipient of a grant under the pilot program, the Secretary shall submit to Congress a report describing the economic impacts of activities carried out using grants under the pilot program, based on the reports submitted to the Secretary under paragraph (1). . | https://www.govinfo.gov/content/pkg/BILLS-117s4730is/xml/BILLS-117s4730is.xml |
117-s-4731 | II 117th CONGRESS 2d Session S. 4731 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Risch (for himself and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To respond to the looming global food crisis precipitated by Russia's invasion of Ukraine.
1. Short titles This Act may be cited as the Securing Allies Food in Emergencies Act or the SAFE Act . 2. Statement of policy It is the policy of the United States to respond to the looming global food crisis precipitated by the Russian Federation’s brutal, illegal invasion of Ukraine beginning in February 2022, which threatens to destabilize key partners and allies and push millions of people into hunger and poverty, particularly in areas of Africa and the Middle East that are already experiencing emergency levels of food insecurity, by taking immediate action to improve the timeliness and expand the reach of United States international food assistance. 3. Strategy to avert a global food crisis (a) Strategy requirement Not later than 30 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development, acting in the capacity of the President’s Special Coordinator for International Disaster Assistance pursuant to section 493 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2292b ), shall develop and submit a strategy to the Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives for averting a catastrophic global food security crisis, particularly in areas of Africa and the Middle East that are already experiencing emergency levels of food insecurity, which has been driven by sharp increases in global prices for staple agricultural commodities, agricultural inputs (including fertilizer), and associated energy costs. (b) Considerations In developing the strategy under subsection (a), the Administrator shall consider and incorporate an analysis of— (1) the impact of the Russian Federation’s brutal, illegal war in Ukraine on the cost and availability of staple agricultural commodities and inputs, including fertilizer— (A) globally; (B) in countries that rely upon commercial imports of such commodities and inputs from Ukraine or Russia; and (C) in countries that are supported through the United Nations World Food Programme, which heavily relies upon purchases of wheat and pulses from Ukraine and has recently reported a price increase of more than $23,000,000 per month for its wheat purchases; (2) the correlation between rising food costs and social unrest in areas of strategic importance to the United States, including countries and regions that experienced food riots during the 2007 to 2008 global food price crisis; (3) the underlying drivers of food insecurity in areas experiencing emergency levels of hunger, including current barriers to food security development programs and humanitarian assistance; (4) existing United States foreign assistance authorities, programs, and resources that could help avert a catastrophic global food crisis; (5) recommendations to enhance the efficiency, improve the timeliness, and expand the reach of United States international food assistance programs and resources referred to in paragraph (4); (6) opportunities to bolster coordination, catalyze and leverage actions by other donors and through multilateral development banks; (7) opportunities to better synchronize assistance through well-coordinated development and humanitarian assistance programs within the United States Agency for International Development and alongside other donors; (8) opportunities to improve supply chain and shipping logistics efficiencies in close collaboration with the private sector; (9) opportunities for increased cooperation with the Department of State to strengthen diplomatic efforts to resolve global conflicts and overcome barriers to access for life-saving assistance; (10) opportunities to support continued agricultural production in Ukraine, and the extent to which food produced in Ukraine can be used to meet humanitarian needs locally, regionally, or in countries historically reliant upon imports from Ukraine or Russia; and (11) opportunities to support and leverage agricultural production in countries and regions currently supported by United States international agricultural development programs, including programs authorized under the Global Food Security Act of 2016 ( 22 U.S.C. 9301 et seq. ), in a manner that— (A) fills critical gaps in the global supply of emergency food aid commodities; (B) enables purchases from small holder farmers by the United Nations World Food Programme; (C) enhances resilience to food price shocks; (D) promotes self-reliance; and (E) opens opportunities for United States agricultural trade and investment. 4. Emergency authorities to expand the timeliness and reach of United States international food assistance (a) In general Notwithstanding any other provision of law, the Administrator of the United States Agency for International Development is authorized to procure life-saving food aid commodities, including commodities available locally and regionally, for the provision of emergency food assistance to the most vulnerable populations in countries and areas experiencing acute food insecurity that has been exacerbated by rising food prices, particularly in countries and areas historically dependent upon imports of wheat and other staple commodities from Ukraine and Russia. (b) Prioritization (1) In general In responding to crises in which emergency food aid commodities are unavailable locally or regionally, or in which the provision of locally or regionally procured agricultural commodities would be unsafe, impractical, or inappropriate, the Administrator should prioritize procurements of United States agricultural commodities, including when exercising authorities under section 491 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2292 ). (2) Local or regional procurements In making local or regional procurements of food aid commodities pursuant to subsection (a), the Administrator, to the extent practicable and appropriate, should prioritize procurements from areas supported through the international agricultural development programs authorized under the Global Food Security Act of 2016 ( 22 U.S.C. 9301 et seq. ) and from Ukraine, for the purpose of promoting economic stability, resilience to price shocks, and early recovery from such shocks in such areas. (c) Do no harm In making local or regional procurements of food aid commodities pursuant to subsection (a), the Administrator shall first conduct market assessments to ensure that such procurements— (1) will not displace United States agricultural trade and investment; and (2) will not cause or exacerbate shortages, or otherwise harm local markets, for such commodities within the countries of origin. (d) Emergency exceptions (1) In general Commodities procured pursuant to subsection (b) shall be excluded from calculations of gross tonnage for purposes of determining compliance with section 55305(b) of title 46, United States Code. (2) Conforming amendment Section 55305(b) of title 46, United States Code, is amended by striking shall and inserting should . (e) Exclusion The authority under subsection (a) shall not apply to procurements from the Russian Federation, the People’s Republic of China, or any country subject to sanctions under— (1) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (2) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (3) section 1754(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c) ). | https://www.govinfo.gov/content/pkg/BILLS-117s4731is/xml/BILLS-117s4731is.xml |
117-s-4732 | II 117th CONGRESS 2d Session S. 4732 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Georgetown African American Historic Landmark Project and Tour to establish a commemorative work in the District of Columbia and its environs, and for other purposes.
1. Short title This Act may be cited as the Enslaved Voyages Memorial Act . 2. Authorization to establish commemorative work (a) In general The Georgetown African American Historic Landmark Project and Tour may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the enslaved individuals, the identities of whom may be known or unknown, who endured the Middle Passage. (b) Compliance with standards for commemorative works The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ). (c) Prohibition on the use of Federal funds (1) In general Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (2) Responsibility of the Georgetown African American Historic Landmark Project and Tour The Georgetown African American Historic Landmark Project and Tour shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of excess funds (1) In general If, on payment of all expenses for the establishment of the commemorative work (including the maintenance and preservation amount required by paragraph (1) of section 8906(b) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Georgetown African American Historic Landmark Project and Tour shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in paragraph (3) of that section. (2) On expiration of authority If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work, the Georgetown African American Historic Landmark Project and Tour shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section. | https://www.govinfo.gov/content/pkg/BILLS-117s4732is/xml/BILLS-117s4732is.xml |
117-s-4733 | II 117th CONGRESS 2d Session S. 4733 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Mineral Leasing Act to provide for certain reforms to the process relating to applications for permits to drill and the eligibility requirements for prospective bidders in lease sales, and for other purposes.
1. Short title This Act may be cited as the Use it or Lose It Act . 2. Eligibility to participate in lease sales Section 17(h) of the Mineral Leasing Act ( 30 U.S.C. 226(h) ) is amended by striking the subsection designation and all that follows through The Secretary and inserting the following: (h) Limitations (1) Required certification A prospective lessee shall not be eligible to participate in a lease sale or otherwise acquire a new lease under this section until the date on which the prospective lessee, in accordance with procedures developed by the Secretary of the Interior, certifies to the Secretary of the Interior that the prospective lessee— (A) has diligently developed all other leases issued to the prospective bidder under this section by not later than the expiration of the applicable primary lease term, as determined by the Secretary of the Interior; (B) has relinquished any other leases issued to the prospective bidder under this section that have not been diligently developed by the prospective bidder by not later than the expiration of the applicable primary lease term, as determined by the Secretary; and (C) has complied with any other certifications that the Secretary of the Interior may reasonably require. (2) National forest system land The Secretary . 3. Applications for permits to drill Section 17(p) of the Mineral Leasing Act ( 30 U.S.C. 226(p) ) is amended adding at the end the following: (4) Priority for issuing applications for permits to drill For purposes of considering applications for permits to drill submitted to the Secretary of the Interior under this subsection, the Secretary of the Interior shall give priority to any applicant that has— (A) demonstrated, to the satisfaction of the Secretary of the Interior, an ability and willingness to commit to climate mitigation and other forms of environmental mitigation with respect to the proposed activities, including— (i) binding commitments to plug and reclaim inactive wells; and (ii) a willingness to relinquish leases in sensitive areas, particularly areas that were subsequently closed to, or withdrawn from, leasing; (B) provided production estimates for the proposed drilling activities; or (C) demonstrated previous success with respect to completing wells. (5) Expiration of unused applications for permits to drill; extensions (A) In general Subject to subparagraph (B), an application for a permit to drill that is approved under this subsection after the date of enactment of this paragraph that is considered to be unused, as determined by the Secretary of the Interior, shall expire on the date that is 1 year after the date of the approval of the application for a permit to drill. (B) Extensions The Secretary of the Interior— (i) may extend, not more than 1 time, the expiration date of an unused approved application for a permit to drill that would otherwise expire under subparagraph (A) for a period of not more than 180 days; and (ii) may not extend the expiration date of an approved application for a permit to drill that was approved before the date of enactment of this paragraph that is considered to be unused, as determined by the Secretary of the Interior. (C) Disqualification of certain applicants Beginning on the date of enactment of this paragraph, an applicant for a permit to drill that has a higher than average number of unused approved applications for permits to drill under this subsection, as determined by the Secretary of the Interior, shall not be eligible for a new application for a permit to drill under this subsection unless the Secretary of the Interior determines that— (i) the applicant has relinquished a sufficient number of unused approved applications for permits to drill; or (ii) the applicant has converted a sufficient number of unused approved applications for permits to drill of the applicant to in use status. . | https://www.govinfo.gov/content/pkg/BILLS-117s4733is/xml/BILLS-117s4733is.xml |
117-s-4734 | II 117th CONGRESS 2d Session S. 4734 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Tillis introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 35, United States Code, to address matters relating to patent subject matter eligibility, and for other purposes.
1. Short title This Act may be cited as the Patent Eligibility Restoration Act of 2022 . 2. Patent eligibility (a) In general Chapter 10 of title 35, United States Code, is amended— (1) in section 100— (A) in subsection (b), by striking includes a new use of a known process and inserting includes a use, application, or method of manufacture of a known or naturally-occurring process ; and (B) by adding at the end the following: (k) The term useful means, with respect to an invention or discovery, that the invention or discovery has a specific and practical utility from the perspective of a person of ordinary skill in the art to which the invention or discovery pertains. ; and (2) by amending section 101 to read as follows: 101. Patent eligibility (a) In general Whoever invents or discovers any useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, may obtain a patent therefor, subject only to the exclusions in subsection (b) and to the further conditions and requirements of this title. (b) Eligibility exclusions (1) In general Subject to paragraph (2), a person may not obtain a patent for any of the following, if claimed as such: (A) A mathematical formula, apart from a useful invention or discovery. (B) A process that— (i) is a non-technological economic, financial, business, social, cultural, or artistic process; (ii) is a mental process performed solely in the human mind; or (iii) occurs in nature wholly independent of, and prior to, any human activity. (C) An unmodified human gene, as that gene exists in the human body. (D) An unmodified natural material, as that material exists in nature. (2) Conditions (A) Certain processes Notwithstanding paragraph (1)(B)(i), a person may obtain a patent for a claimed invention that is a process described in such provision if that process is embodied in a machine or manufacture, unless that machine or manufacture is recited in a patent claim without integrating, beyond merely storing and executing, the steps of the process that the machine or manufacture perform. (B) Human genes and natural materials For the purposes of subparagraphs (C) and (D) of paragraph (1), a human gene or natural material that is isolated, purified, enriched, or otherwise altered by human activity, or that is otherwise employed in a useful invention or discovery, shall not be considered to be unmodified. (c) Eligibility (1) In general In determining whether, under this section, a claimed invention is eligible for a patent, eligibility shall be determined— (A) by considering the claimed invention as a whole and without discounting or disregarding any claim element; and (B) without regard to— (i) the manner in which the claimed invention was made; (ii) whether a claim element is known, conventional, routine, or naturally occurring; (iii) the state of the applicable art, as of the date on which the claimed invention is invented; or (iv) any other consideration in section 102, 103, or 112. (2) Infringement action (A) In general In an action brought for infringement under this title, the court, at any time, may determine whether an invention or discovery that is a subject of the action is eligible for a patent under this section, including on motion of a party when there are no genuine issues of material fact. (B) Limited discovery With respect to a determination described in subparagraph (A), the court may consider limited discovery relevant only to the eligibility described in that subparagraph before ruling on a motion described in that subparagraph. . (b) Technical and conforming amendment The table of sections for chapter 10 of title 35, United States Code, is amended by striking the item relating to section 101 and inserting the following: 101. Patent eligibility. . | https://www.govinfo.gov/content/pkg/BILLS-117s4734is/xml/BILLS-117s4734is.xml |
117-s-4735 | II 117th CONGRESS 2d Session S. 4735 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Rubio (for himself, Mr. Hawley , Mrs. Hyde-Smith , Mr. Scott of South Carolina , Mr. Lankford , Mr. Inhofe , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To ensure equal treatment for religious organizations in the Federal provision of social services programs, grantmaking, and contracting, and for other purposes.
1. Short title This Act may be cited as the Lifting Local Communities Act . 2. Purposes The purposes of this Act are the following: (1) To enable assistance to be provided to individuals and families in need in the most effective manner. (2) To prohibit discrimination against religious organizations in receipt and administration of Federal financial assistance, including the provision of that assistance through federally funded social service programs. (3) To ensure that religious organizations can apply and compete for Federal financial assistance on a level playing field with nonreligious organizations. (4) To provide certainty for religious organizations that receipt of Federal financial assistance will not obstruct or hinder their ability to organize and operate in accordance with their sincerely held religious beliefs. (5) To strengthen the social service capacity of the United States by facilitating the entry of new, and the expansion of existing, efforts by religious organizations in the administration and provision of Federal financial assistance. (6) To protect the religious freedom of, and better serve, individuals and families in need, including by expanding their ability to choose to receive federally funded social services from religious organizations. 3. Provision of services for government programs by religious organizations Title XXIV of the Revised Statutes is amended by inserting after section 1990 ( 42 U.S.C. 1994 ) the following: 1990A. Ensuring equal treatment for religious organizations in Federal provision of social services, grantmaking, and contracting (a) In general For any social services program carried out by the Federal Government, or by a State, local government, or pass-through entity with Federal funds, the entity that awards Federal financial assistance shall consider religious organizations, on the same basis as any other private organization, to provide services for the program. (b) Equal treatment for religious organizations in Federal financial assistance (1) In general A religious organization shall be eligible to apply for and to receive Federal financial assistance to provide services for a social services program on the same basis as a private nonreligious organization. (2) Selection In the selection of recipients for Federal financial assistance for a social services program neither the Federal Government nor a State, local government, or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion, including the organization's religious character, affiliation, or exercise. (3) Prohibition against improper burden on religious organizations (A) In General Except in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass-through entity. (B) Equal treatment on assurances and notices No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations. (C) Equal application of restrictions Any restrictions on the use of funds received as Federal financial assistance shall apply equally to religious and private nonreligious organizations. (D) Program requirements All organizations that receive Federal financial assistance for a social services program, including religious organizations, shall carry out eligible activities in accordance with all program requirements, and other applicable requirements governing the conduct of activities funded by the entity that awards Federal financial assistance. (E) No disqualification based on religion No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall— (i) disqualify religious organizations from applying for or receiving Federal financial assistance for a social services program on the basis of the organization’s religious character or affiliation, or grounds that discriminate against the organization on the basis of the organization’s religious exercise; or (ii) prohibit the provision of religious activities or services at the same time or location as any program receiving such Federal financial assistance. (c) Religious character and freedom (1) Freedom A religious organization that applies for or receives Federal financial assistance for a social services program shall retain its independence from Federal, State, and local governments, including its autonomy, right of expression, religious character or affiliation, authority over its internal governance, and other aspects of independence. (2) Religious character A religious organization that applies for or receives Federal financial assistance for a social services program may, among other things— (A) retain religious terms in the organization's name; (B) continue to carry out the organization's mission, including the definition, development, practice, and expression of its religious beliefs; (C) use the organization's facilities to provide a program without concealing, removing, or altering religious art, icons, scriptures, or other symbols from the facilities; (D) select, promote, or dismiss the members of the organization’s governing body and the organization’s employees on the basis of their acceptance of or adherence to the religious tenets of the organization; and (E) include religious references in the organization's mission statement and other chartering or governing documents. (d) Rights of covered beneficiaries of services (1) In general Except as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief. (2) Special rule It shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization’s program. (3) Alternative services If a covered beneficiary has an objection to the character or affiliation of the private organization from which the beneficiary receives, or would receive, services as part of the federally funded social services program, the appropriate Federal, State, or local governmental entity shall provide to such beneficiary (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, a referral for alternative services that— (A) are reasonably accessible to the covered beneficiary; and (B) have a substantially similar value to the services that the covered beneficiary would initially have received from such organization. (4) Definition In this subsection, the term covered beneficiary means an individual who applies for or receives services under a social services program. (e) Religious exemptions A religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) (including exemption from prohibitions in employment discrimination in section 702(a) of that Act ( 42 U.S.C. 2000e–1(a) )), title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc et seq. ), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance. (f) Limited audit (1) In General A religious organization providing services for a social services program using Federal financial assistance may segregate Federal funds and any required matching funds provided for such program into a separate account or accounts. Only the separate accounts consisting of Federal funds and any required matching funds shall be subject to audit by the Federal Government with respect to an audit undertaken for the purposes of oversight of Federal financial assistance. (2) Commingling of funds If a religious organization providing services for a social services program using Federal financial assistance contributes the organization's own funds in addition to those funds required by a matching requirement or agreement to supplement Federal funds, the organization may segregate the organization's own funds that are not matching funds into separate accounts, or commingle the organization's own funds that are not matching funds with the matching funds. If those funds are commingled, the commingled funds may all be subject to audit by the Federal Government. (g) Private right of action Any religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section— (1) may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and (2) may obtain appropriate relief, including attorney’s fees, against an entity or agency that committed such violation. (h) Federal preemption of State and local laws With respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section. (i) Construction The provisions of this section shall supersede all Federal law (including statutory and other law, and policies used in the implementation of that law) that is enacted or issued before the date of enactment of this section. No provision of law enacted after the date of the enactment of this section may be construed as limiting, superseding, or otherwise affecting this section, except to the extent that it does so by specific reference to this section. (j) Severability If any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby. (k) Definitions In this section: (1) Discriminate on the basis of an organization’s religious exercise (A) In general The term discriminate , used with respect to an organization’s religious exercise, means, on the basis of covered conduct or motivation, to disfavor an organization in a selection process or in oversight, including— (i) by failing to select an organization; (ii) by disqualifying an organization; or (iii) by imposing any condition or selection criterion that penalizes or otherwise disfavors an organization, or has the effect of so penalizing or disfavoring an organization. (B) Covered conduct or motivation In this paragraph, the term covered conduct or motivation means— (i) conduct that would not be considered grounds to disfavor a nonreligious organization; (ii) conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), or any other provision referenced in subsection (e); or (iii) the actual or suspected religious motivation for the organization’s religious exercise. (2) Other definitions (A) Federal financial assistance The term Federal financial assistance means financial assistance from the Federal Government that non-Federal entities receive or administer through grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, tax deduction, or guaranty contract. (B) Pass-through entity The term pass-through entity means an entity, including a nonprofit or nongovernmental organization, acting under a grant, contract, or other agreement with the Federal Government or with a State or local government, such as a State administering agency, that accepts direct Federal financial assistance as a primary recipient (such as a grant recipient) and distributes that assistance to other organizations that, in turn, provide government-funded social services through a social services program. (C) Program The term program includes the services provided through that program. (D) Religious exercise The term religious exercise has the meaning given the term in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc–5 ). (E) Services The term services , used with respect to a social services program, includes the provision of goods, or of financial assistance, under the social services program. (F) Social services program The term social services program — (i) means a program that is administered by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low-income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need; and (ii) includes a program that provides, to people in need— (I) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities; (II) transportation services; (III) job training and related services, and employment services; (IV) information, referral, and counseling services; (V) the preparation and delivery of meals, nutrition services, and services related to soup kitchens or food banks; (VI) health support services; (VII) literacy and mentoring services; (VIII) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and families of criminal offenders, and services related to intervention in, and prevention of, domestic violence; or (IX) services related to the provision of assistance for housing under Federal law. . | https://www.govinfo.gov/content/pkg/BILLS-117s4735is/xml/BILLS-117s4735is.xml |
117-s-4736 | II 117th CONGRESS 2d Session S. 4736 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Murkowski (for herself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To enhance United States standing as an Arctic nation by facilitating greater maritime accessibility, strong trading partners, and reliable infrastructure.
1. Short title; table of contents (a) Short title This Act may be cited as the Arctic Commitment Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Defined term. Sec. 3. Arctic Shipping Federal Advisory Committee. Sec. 4. Arctic Executive Steering Committee. Sec. 5. Implementation of Arctic strategy at Port of Nome. Sec. 6. Report on establishing persistent presence of Navy or Coast Guard in the United States Arctic. Sec. 7. Report on eliminating the Russian monopoly on Arctic shipping. Sec. 8. Expanding investment by the United States International Development Finance Corporation in Arctic countries. Sec. 9. Partnership with Iceland. Sec. 10. Amendment to Deepwater Port Act of 1974. Sec. 11. Amendments to the Arctic Research and Policy Act of 1984. Sec. 12. Crosscut report on Arctic research programs. Sec. 13. Pribilof Island transition completion actions. 2. Defined term In this Act, the term appropriate committees of Congress means— (1) the Committee on Armed Services of the Senate ; (2) the Committee on Homeland Security and Governmental Affairs of the Senate ; (3) the Committee on Foreign Relations of the Senate ; (4) the Committee on Energy and Natural Resources of the Senate ; (5) the Committee on Armed Services of the House of Representatives ; (6) the Committee on Homeland Security of the House of Representatives ; (7) the Committee on Foreign Affairs of the House of Representatives ; and (8) the Committee on Energy and Commerce of the House of Representatives . 3. Arctic Shipping Federal Advisory Committee (a) Establishment Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation shall establish the Arctic Shipping Federal Advisory Committee, as required in section 8426 of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (division G of Public Law 116–283 ). (b) Funding The Secretary of Transportation shall make available to the Arctic Shipping Advisory Committee, from amounts appropriated to the Office of the Secretary of Transportation, such funds as may be necessary for the operation and sustainment of the Committee. 4. Arctic Executive Steering Committee The Arctic Executive Steering Committee, which was originally established by Executive Order 13689 (80 Fed. Reg. 4191; relating to enhancing coordination of national efforts in the Arctic), is reauthorized for the 10-year period beginning on the date of the enactment of this Act. 5. Implementation of Arctic strategy at Port of Nome The Secretary of the Navy, in consultation with the Commandant of the Coast Guard, shall engage in a consultation with the Chief of Engineers of the Army Corps of Engineers to ensure that the Port of Nome is usable for the implementation of the National Strategy for the Arctic Region and the Arctic strategy of the Department of the Navy, as described in the strategic blueprint for the Arctic of the Department of the Navy entitled A Blue Arctic . 6. Report on establishing persistent presence of Navy or Coast Guard in the United States Arctic Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard and the Secretary of the Navy shall jointly submit a report to the appropriate committees of Congress that— (1) describes the requirements necessary to establish, and the feasibility of establishing, a persistent, year-round presence of the Navy and the Coast Guard in the Arctic region at— (A) the Port of Nome; (B) the natural deepwater port of Unalaska; (C) the former Coast Guard Station at Port Clarence; (D) Point Spencer (as defined in section 532 of the Pribilof Island Transition Completion Act of 2015 (subtitle B of title V of Public Law 114–120 )); (E) the port on Saint George Island in the Bering Sea; (F) the Port of Adak; (G) Cape Blossom; (H) ports in the Northeastern United States, including Eastport, Searsport, and Portland, Maine; and (I) any other deepwater port that the Commandant determines would facilitate such a presence in the places described in subparagraphs (A) through (H); and (2) provides an estimate of the costs of implementing the requirements described in paragraph (1), after taking into account the costs of constructing the onshore infrastructure that will be required to support year-round maritime operations in the vicinity of the Bering Sea and the Arctic region. 7. Report on eliminating the Russian monopoly on Arctic shipping Not later than 180 days after the date of the enactment of this Act, the Committee on the Maritime Transportation System, in coordination with the Arctic Shipping Federal Advisory Committee, shall submit a report to the appropriate committees of Congress that— (1) describes the control and influence of the Russian Federation on shipping in the Arctic region; (2) analyzes the effect of such control and influence on ongoing efforts to increase the presence, capacity, and volume of United States shipping in the Arctic region; and (3) includes a plan for eliminating the Russian monopoly on shipping in the Arctic region to enable an increase United States presence in the Arctic shipping domain. 8. Expanding investment by the United States International Development Finance Corporation in Arctic countries (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Armed Services of the Senate ; (C) the Select Committee on Intelligence of the Senate ; (D) the Committee on Energy and Natural Resources of the Senate ; (E) the Committee on Foreign Affairs of the House of Representatives ; (F) the Committee on Armed Services of the House of Representatives ; (G) the Permanent Select Committee on Intelligence of the House of Representatives ; and (H) the Committee on Energy and Commerce of the House of Representatives . (2) Arctic countries The term Arctic countries — (A) means the United States, Canada, Denmark, Iceland, Norway, Sweden, and Finland, which are permanent members of the Arctic Council; and (B) does not include the Russian Federation. (3) Arctic indigenous organizations The term Arctic indigenous organizations — (A) means the Aleut International Association, the Arctic Athabaskan Council, the Gwich’in International Council, the Inuit Circumpolar Council, and the Saami Council; and (B) does not include the Russian Association of Indigenous Peoples of the North. (b) Sense of Congress It is the sense of Congress that— (1) Arctic countries are important partners of the United States; and (2) the United States International Development Finance Corporation should make investments in Arctic countries to facilitate technologies that— (A) strengthen energy security and reliability; and (B) provide durable, sustainable opportunities for indigenous entities. (c) Authorization The United States International Development Finance Corporation is authorized to provide financing to entities in Arctic countries, including Arctic indigenous organizations, for projects that— (1) involve the responsible extraction, processing, development, and recycling of critical minerals (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) )); or (2) the Chief Executive Officer of the United States International Development Finance Corporation, in coordination with the Secretary of State, determine to be in the strategic interest of the United States. (d) Reporting requirement (1) In general Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States International Development Finance Corporation, in coordination with the Secretary of State, shall submit a report to the appropriate congressional committees that— (A) identifies the countries in which financing by the United States International Development Finance Corporation could be most impactful for responsibly producing critical minerals needed for energy security; (B) explains the interests of the United States and of partner countries that are served when the United States provides support for such projects; (C) describes any support provided by other United States allies and partners to expand the projects described in subsection (c); and (D) describes any support provided by the People’s Republic of China in support of the projects described in subsection (c). (2) Form of report The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex, if necessary. 9. Partnership with Iceland (a) Sense of Congress regarding a free trade agreement with Iceland It is the sense of Congress that the United States should enter into negotiations with the Government of Iceland to develop and enter into a comprehensive free trade agreement between the United States and Iceland. (b) Nonimmigrant traders and investors For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) ), Iceland shall be considered to be a foreign State under such section if the Government of Iceland offers similar nonimmigrant status to nationals of the United States. 10. Amendments to Deepwater Port Act of 1974 The Deepwater Port Act of 1974 ( 33 U.S.C. 1501 et seq. ) is amended— (1) in section 4 ( 33 U.S.C. 1503 )— (A) in subsection (c)(9), by inserting (excluding any State that developed a coastal zone management program pursuant to section 305 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1454 ) that was approved by the Secretary pursuant to section 306 of such Act ( 16 U.S.C. 1455 ) and withdrew such plan before January 1, 2012) after connected by pipeline ; and (B) by adding at the end the following: (j) Export license for all forms of hydrogen The Secretary may issue a license in accordance with the provisions of this Act for the export of hydrogen in all of its forms, including as liquefied natural gas, hydrogen, and ammonia. ; and (2) in section 9(c), ( 33 U.S.C. 1508(c) ), by inserting (excluding any State that developed a coastal zone management program pursuant to section 305 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1454 ) that was approved by the Secretary pursuant to section 306 of such Act ( 16 U.S.C. 1455 ) and withdrew such plan before January 1, 2012) after connected by pipeline . 11. Amendments to the Arctic Research and Policy Act of 1984 (a) Findings and purposes Section 102(a) of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4101(a) ) is amended— (1) in paragraph (2), by inserting and homeland after national ; (2) by redesignating paragraphs (5) through (17) as paragraphs (6) through (18), respectively; (3) by striking paragraph (4) and inserting the following: (4) Changing Arctic conditions directly affect global weather and climate patterns and must be better understood— (A) to promote better agricultural management throughout the United States; and (B) to address the myriad of impacts, challenges, and opportunities brought about by such change. (5) Since a rapidly changing climate will reshape the economic, social, cultural, political, environmental, and security landscape of the Arctic region, sustained, robust, coordinated, reliable, appropriately funded, and dependable Arctic research is required to inform and influence sound United States domestic and international Arctic policy. ; and (4) in paragraph (6), as redesignated, by inserting and climate after weather . (b) Arctic Research Commission Section 103 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4102 ) is amended— (1) in subsection (b)— (A) in paragraph (1)(B)— (i) by striking who are and inserting who is a ; and (ii) by striking who live in areas and inserting who live in an area ; and (B) in paragraph (2), by striking chairperson and inserting Chair ; and (2) in subsection (d)— (A) in paragraph (1)— (i) by inserting or her after his ; and (ii) by inserting , or in the case of the Chair, not to exceed 120 days of service each year ; and (B) in paragraph (2), by striking Chairman and inserting Chair . (c) Administration of the Commission Section 106(4) of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4105(4) ) is amended— (1) by inserting , and other Federal Government entities, as appropriate, after with the General Services Administration ; and (2) by inserting , or the heads of other Federal Government entities, as appropriate, before the semicolon. (d) Interagency Arctic Research Policy Committee Section 107(b)(2) of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4106(b)(2) ) is amended— (1) by redesignating subparagraph (L) as subparagraph (P); (2) in subparagraph (K), by striking and at the end; and (3) by inserting after subparagraph (K) the following: (L) the Department of Agriculture; (M) the Marine Mammal Commission; (N) the Smithsonian Institution; (O) the Denali Commission; and . (e) 5-Year Arctic research plan Section 109(a) of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4108(a) ) is amended by striking The Plan and inserting Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 ( Public Law 104–66 ), the Plan . 12. Crosscut report on Arctic research programs (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget shall submit a detailed report to Congress regarding all existing Federal programs relating to Arctic research, including— (1) the goals of each such program; (2) the funding levels for each such program for each of the 5 immediately preceding fiscal years; (3) the anticipated funding levels for each such program for each of the 5 following fiscal years; and (4) the total funding appropriated for the current fiscal year for such programs. (b) Distribution Not later than 3 days after submitting the report to Congress pursuant to subsection (a), the Director of the Office of Management and Budget shall submit a copy of the report to the National Science Foundation, the United States Arctic Research Commission, and the Office of Science and Technology Policy. 13. Pribilof Island transition completion actions (a) Extensions Section 524 of the Pribilof Island Transition Completion Act of 2015 (subtitle B of title V of Public Law 114–120 ) is amended— (1) in subsection (b)(5), by striking 5 years and inserting 6 years ; and (2) in subsection (c)(3), by striking 60 days and inserting 120 days . (b) Quarterly actual use and occupancy reports Not later than 90 days after the date of the enactment of this Act, and every 3 months thereafter, the Secretary of the department in which the Coast Guard is operating shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes— (1) the degree to which Coast Guard personnel and equipment are deployed to St. Paul Island, Alaska, in actual occupancy of the facilities, as required under section 524 of the Pribilof Island Transition Completion Act of 2015 (subtitle B of title V of Public Law 114–120 ); and (2) the status of the activities described in subsections (c) and (d) if such activities have not been completed. (c) Aircraft hanger The Secretary of the department in which the Coast Guard is operating may— (1) enter into a lease for a hangar to house deployed Coast Guard aircraft if such hanger was previously under lease by the Coast Guard for the purposes of housing such aircraft; (2) enter into an agreement with the lessor of the hanger referred to in paragraph (1) in which the Secretary may carry out repairs necessary to support the deployment of such aircraft; and (3) offset the cost such repairs under the terms of the lease entered into pursuant to paragraph (2). (d) Fuel tank (1) Determination Not later than 30 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall determine whether the fuel tank located on St. Paul Island, Alaska, that is owned by the Coast Guard is needed for Coast Guard operations. (2) Transfer Subject to paragraph (3), if the Secretary determines the tank referred to in paragraph (1) is not needed for Coast Guard operations, the Secretary, not later than 90 days after making such determination, shall transfer such tank to the Alaska Native Village Corporation for St. Paul Island, Alaska. (3) Fair market value exception The Secretary may only carry out a transfer described in paragraph (2) if the fair market value of such tank is less than the aggregate value of any lease payments for the property on which the tank is located that the Coast Guard would have paid to the Alaska Native Village Corporation for St. Paul Island, Alaska, had such lease been extended at the same rate. (e) Rule of construction Nothing in this section may be construed to limit any rights of the Alaska Native Village Corporation for St. Paul Island, Alaska to receive conveyance of all or part of the lands and improvements related to Tract 43 under the same terms and conditions as prescribed in section 524 of the Pribilof Island Transition Completion Act of 2015 (subtitle B of title V of Public Law 114–120 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4736is/xml/BILLS-117s4736is.xml |
117-s-4737 | II 117th CONGRESS 2d Session S. 4737 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Warnock 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 collect and make publicly available data on properties receiving an allocation of credit under the low-income housing tax credit, and for other purposes.
1. Short title This Act may be cited as the Housing Market Transparency Act . 2. HUD reporting and transparency on low-income housing tax credit projects (a) Definitions In this section: (1) Covered property The term covered property means a building receiving an allocation of credit under section 42 of the Internal Revenue Code of 1986. (2) Secretary The term Secretary means the Secretary of Housing and Urban Development. (b) Collection of information (1) In general The Secretary shall regularly collect and maintain data on covered properties, including— (A) development costs, including general contractor costs; (B) ownership data; (C) whether the owner is a pass-through entity; (D) the most recent habitability standards; (E) in the case of disposition of a covered property, the reason for the disposition, such as sale, foreclosure, or destruction; (F) the expiration date of affordable use provisions; (G) whether the owner has waived the right to a qualified contract; (H) the most recent inspection and habitability information; and (I) any other data determined relevant by the Secretary. (2) Provision of data Each State agency administering credits under section 42 of the Internal Revenue Code of 1946 for covered properties shall, not later than 18 months after the date on which each such covered property is placed in service and annually thereafter, submit to the Secretary the data required to be collected under paragraph (1) with respect to those covered properties. (3) Standards and definitions The Secretary shall— (A) establish standards and definitions for the data collected under paragraph (1); (B) provide States with technical assistance to establish systems to compile and submit data to the Secretary under paragraph (2); and (C) in coordination with other Federal agencies administering housing assistance programs, establish procedures to minimize duplicative reporting requirements for covered properties assisted under multiple housing programs. (4) Reporting The Secretary shall— (A) not less frequently than annually, compile and make publicly available the data collected under paragraph (1), other than the date described in subparagraph (A) of that paragraph; and (B) periodically assess and issue a public report on covered properties and the general multifamily housing development market. (5) Properties no longer in compliance With respect to a covered property that will no longer be eligible for an allocation of credit under section 42 of the Internal Revenue Code of 1986 before the end of a given year, the Secretary shall collect data under paragraph (1) on the final owner or purchaser of the covered property, including whether the purchaser is a nonprofit entity. | https://www.govinfo.gov/content/pkg/BILLS-117s4737is/xml/BILLS-117s4737is.xml |
117-s-4738 | II 117th CONGRESS 2d Session S. 4738 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Klobuchar (for herself and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To protect the privacy of personally-identifiable health data, and for other purposes.
1. Short title This Act may be cited as the Stop Commercial Use of Health Data Act . 2. Privacy of personally-identifiable health data (a) Prohibition on the use of personally-Identifiable health data in commercial advertising (1) In general It shall be unlawful for any covered entity to use the personally-identifiable health data of an individual that is collected from any source (including data volunteered by an individual, medical center-derived data, data from a wearable fitness tracker, data from web browsing history, or any other source determined appropriate by the Commission) for commercial advertising. (2) Exception for public health campaigns The prohibition under paragraph (1) shall not apply to any public health campaign directed toward individuals or subpopulations of individuals. (b) Right of access and deletion (1) Right of access (A) In general A covered entity shall make available an easy-to-use mechanism by which an individual, upon verified request, may access any personally-identifiable health data relating to such individual that is retained by such covered entity. (B) Format A covered entity shall make the information described in subparagraph (A) available in both a human-readable and a machine-readable format. (2) Right of deletion A covered entity shall make available an easy-to-use mechanism by which an individual, upon verified request, may request the deletion of any personally-identifiable health data relating to such individual that is retained by such covered entity. (3) Requirements for access and deletion (A) Timeline for complying with requests A covered entity shall comply with a verified request received under this subsection without undue delay, but not later than 45 days after the date on which such covered entity receives such verified request. (B) Fees prohibited A covered entity may not charge a fee to an individual for a request made under this subsection. (C) Rules of construction Nothing in this section shall be construed— (i) as supplanting or abrogating any provision of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ); or (ii) to require a covered entity to— (I) take an action that would convert information that is not personally-identifiable health data into personally-identifiable health data; (II) collect or retain personally-identifiable health data that such covered entity would not otherwise collect or retain; or (III) retain personally-identifiable health data longer than such covered entity would otherwise retain such data. 3. Enforcement (a) Enforcement by the Commission (1) Unfair and deceptive acts or practices A violation of section 2 or a regulation promulgated thereunder shall be treated as an unfair and deceptive act or practice proscribed under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ). (2) Powers of the Commission (A) In general The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (B) Privileges and immunities Any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (3) Rulemaking The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act. (b) Enforcement by individuals (1) In general Any individual who suffers an injury (including the denial of a right established under this Act) as a result of a violation of this Act or a regulation promulgated thereunder by a covered entity may bring a civil action against such covered entity in Federal district court. (2) Relief In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award the plaintiff— (A) for a— (i) violation of section 2(a), an amount equal to the greater of— (I) $1,000 in statutory damages per commercial advertisement generated in violation of such subsection; or (II) the sum of any actual damages sustained; or (ii) violation of section 2(b), an amount equal to the sum of any actual damages sustained; and (B) reasonable attorney’s fees and litigation costs. 4. Definitions (a) In general In this Act: (1) Collect The term collect means, with respect to personally-identifiable health data, to obtain such information in any manner. (2) Commercial advertising The term commercial advertising means communications that promote the sale of or interest in goods or services, including goods or services that are published digitally, via video or audio, or in print. (3) Commission The term Commission means the Federal Trade Commission. (4) Covered entity The term covered entity means a person that— (A) is subject to the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ); and (B) collects, on an annual basis, the personally-identifiable health data of not less than 1,000 individuals in the United States. (b) Rulemaking Not later than 180 days after the date of enactment of this Act, the Commission shall conduct a rulemaking pursuant to section 553 of title 5, United States Code, to define the terms public health campaign and personally-identifiable health data for purposes of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4738is/xml/BILLS-117s4738is.xml |
117-s-4739 | II 117th CONGRESS 2d Session S. 4739 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Hassan (for herself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To allow additional individuals to enroll in standalone dental plans offered through Federal Exchanges.
1. Short title This Act may be cited as the Increasing Access to Dental Insurance Act . 2. Standalone dental plans Section 1321 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18041 ) is amended by adding at the end the following: (f) Availability of standalone dental plans The Secretary may not restrict any qualified individual from enrolling in a plan described in section 1311(d)(2)(B)(ii) offered through an Exchange established pursuant to subsection (c) on the basis of such qualified individual not being also enrolled in a qualified health plan offered through the Exchange. . | https://www.govinfo.gov/content/pkg/BILLS-117s4739is/xml/BILLS-117s4739is.xml |
117-s-4740 | II 117th CONGRESS 2d Session S. 4740 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mrs. Feinstein (for herself, Mr. Booker , Mr. Wyden , Ms. Duckworth , Mr. Markey , Mr. Padilla , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Marine Mammal Protection Act of 1972 and the Animal Welfare Act to prohibit the taking, importation, exportation, and breeding of certain cetaceans for public display, and for other purposes.
1. Short title This Act may be cited as the Strengthening Welfare in Marine Settings Act of 2022 or as the SWIMS Act of 2022 . 2. Findings; Sense of Congress (a) Findings Congress finds the following: (1) Certain cetaceans, namely orcas, beluga whales, false killer whales, and pilot whales are large-brained mammals who engage in creative problem solving, intentional communication, show signs of empathy for others and complex emotions, and form lifelong bonds. (2) Science increasingly supports that the species listed in paragraph (1) suffer in captivity. They die prematurely, engage in stereotypic behavior that is indicative of suffering and distress, are held in barren tanks, and are sometimes isolated from members of their own species, among other harms. (3) Current Federal laws allow the species listed in paragraph (1) to be confined in concrete tanks that fail to meet their basic psychological, physical, and social needs. (b) Sense of Congress It is the sense of Congress that the species listed in paragraph (1) of subsection (a) should not be subject to restraint, coercion, or control by any person for purposes of public display. 3. Prohibition on exportation, taking, and importation of certain cetaceans (a) Prohibition on Exportation Section 102 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1372(a) ) is amended by adding at the end the following new subsection: (g) (1) Notwithstanding any other provision of law, it is unlawful to export any orca, beluga whale, false killer whale, or pilot whale except for the transport of such species— (A) to a marine mammal sanctuary with a determination by the Secretary that the transportation to such sanctuary is in the best interest of the individual marine mammal; or (B) for release to the wild. (2) In this subsection, the term sanctuary means a place of refuge where marine mammals— (A) live in a captive setting as close as possible to their natural environment; (B) are prioritized individually with respect to well-being and autonomy; and (C) are not used for profit or breeding for the purpose of public display. . (b) Prohibition on permits for taking or importation Section 104(a) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1374(a) ) is amended to read as follows: (a) (1) Except as provided in paragraph (2), the Secretary may issue permits which authorize the taking or importation of any marine mammal. (2) Notwithstanding any other provision of law, the Secretary may not issue any permit that authorizes the taking or importation of any orca, beluga whale, false killer whale, or pilot whale for the purpose of public display. (3) The Secretary may issue permits for the incidental taking of marine mammals in the course of commercial fishing operations only as specifically provided for in section 101(a)(5) or 306, or subsection (h) of this section. . 4. Prohibition on breeding of certain cetaceans The Animal Welfare Act ( 17 U.S.C. 2131 et seq. ) is amended by adding at the end the following: 30. Breeding of certain cetaceans It shall be unlawful for any person to breed or artificially inseminate any orca, beluga whale, false killer whale, or pilot whale for purposes of using the progeny of such species for public display. . | https://www.govinfo.gov/content/pkg/BILLS-117s4740is/xml/BILLS-117s4740is.xml |
117-s-4741 | II 117th CONGRESS 2d Session S. 4741 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mrs. Shaheen (for herself, Mr. Wicker , Mr. Tillis , Mr. Durbin , Mr. Cardin , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To encourage increased trade and investment between the United States and the countries in the Western Balkans, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Western Balkans Democracy and Prosperity 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. Sense of Congress. Sec. 4. Defined term. Sec. 5. Codification of sanctions relating to the Western Balkans. Sec. 6. Democratic and economic development and prosperity initiatives. Sec. 7. Countering malign influence and promoting cross-cultural engagement. Sec. 8. Peace Corps in the Western Balkans. Sec. 9. Balkans Youth Leadership Initiative. 2. Findings Congress finds the following: (1) The six countries of the Western Balkans (Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia) form a pluralistic, multi-ethnic region in the heart of Europe that is critical to Europe’s peace, stability, and prosperity. (2) Continued peace, stability, and prosperity in the Western Balkans is directly tied to opportunities for democratic and economic advancement available to the citizens and residents of those six countries. (3) It is in the mutual interest of the United States and the six countries of the Western Balkans to promote stable and sustainable economic growth and development in the region. (4) The reforms and integration with the European Union pursued by countries in the Western Balkans have led to significant democratic and economic progress in the region. (5) Despite economic progress, rates of poverty and unemployment in the Western Balkans remain higher than in neighboring European Union countries. (6) Out-migration, particularly of youth, is affecting demographics in every country in the Western Balkans, resulting in negative population growth in all six countries. (7) Creating a welcoming environment for investment and creating employment opportunities in the Western Balkans, especially for youth, can provide powerful tools for economic development and for encouraging broader participation in a political process that increases prosperity for all. (8) Offering opportunities for inclusive, transparent economic growth and merit-based employment to people living in the Western Balkans will encourage higher levels of trade and direct investment and support positive economic and political developments occurring throughout the region. (9) Existing regional economic efforts, such as the Common Regional Market and the Open Balkans initiative, have great potential to improve the economic conditions in the Western Balkans, while promoting inclusion and transparency. (10) The Department of Commerce, through its Foreign Commercial Service, plays an important role in promoting and facilitating opportunities for United States trade and investment. (11) Corruption continues to plague the Western Balkans and represents one of the greatest impediments to further economic and political development in the region. (12) Disinformation campaigns targeting the Western Balkans threaten the credibility of Western democratic institutions, the integrity of national elections, and the response to COVID–19. (13) Corruption and disinformation proliferate in political environments marked by autocratic control or partisan conflict. (14) Dependence on Russian sources of natural gas for the countries of the Western Balkans ties their economies and politics to the Russian Federation and inhibits their aspirations for European integration. (15) The Western Balkans reliance on fossil fuels for energy sources causes damage to the environment and to human health, while inhibiting economic development in the region. (16) Reducing the Western Balkans’ reliance on Russian natural gas supplies and fossil fuels is in the national interest of the United States. (17) China’s growing influence in the Western Balkans could also have a deleterious impact on strategic competition, democracy, and economic integration with Europe. (18) The United States International Development Finance Corporation plays an important role in the pursuit of United States policy goals focused on economic development. (19) In March 2022, the President launched the European Democratic Resilience Initiative to bolster democratic resilience, advance anti-corruption efforts, and defend human rights in Ukraine and its neighbors in response Russia’s war of aggression. 3. Sense of Congress It is the sense of Congress that the United States should— (1) encourage increased trade and investment between the United States and allies and partners in the Western Balkans; (2) expand United States assistance to regional integration efforts in the Western Balkans; (3) strengthen and expand regional economic integration in the Western Balkans, especially enterprises owned by and employing women and youth; (4) work with allies and partners committed to improving the rule of law, energy resource diversification, democratic and economic reform, and the eradication of poverty in the Western Balkans; (5) increase United States trade and investment with the Western Balkans, particularly in ways that— (A) decrease dependence on Russian energy sources and fossil fuels; (B) increase energy diversification, efficiency, and conservation; and (C) facilitate the transition to cleaner and more reliable sources of energy, including renewables; (6) facilitate the development of strong civil societies, independent media, transparent, accountable, citizen-responsive governance, and political stability in the Western Balkans; (7) support the expeditious accession of the countries in the Western Balkans to the European Union and to the North Atlantic Treaty Organization (NATO) for those that desire membership; (8) support— (A) maintaining the full European Union Force (EUFOR) mandate in Bosnia and Herzegovina as being in the national security interests of the United States; (B) encouraging NATO and the European Union to review their mission mandates and posture in Bosnia and Herzegovina to ensure they are playing a proactive role in establishing a safe and secure environment, particularly the defense environment; (C) using the voice of the United States in NATO to encourage alliance planning and support of an international military force to maintain a safe and secure environment in Bosnia and Herzegovina, especially if Russia blocks reauthorization of the mission in the United Nations; and (D) a strengthened NATO headquarters in Sarajevo; (9) continue security cooperation with Albania, Montenegro, and North Macedonia through the auspices of NATO and through continued bilateral cooperation; (10) continue to support Montenegro’s ongoing accession negotiations with the European Union, including by providing assistance to Montenegro to help the country promptly meet European Union membership criteria; (11) continue to support North Macedonia’s and Albania’s applications for European Union membership by supporting improvement of their respective abilities to meet democracy benchmarks required for accession; (12) continue to support Bosnia and Herzegovina’s pursuit of European Union candidate status by encouraging meaningful advancement of its reform agenda; (13) continue to support the cultural heritage, and recognize the languages of the Western Balkans; (14) coordinate closely with the European Union, the United Kingdom, and other allies and partners on sanctions designations and work to align efforts as much as possible to demonstrate a clear commitment to upholding democratic values; (15) expand bilateral security cooperation with non-NATO member Balkan countries, particularly efforts focused on regional integration and cooperation, including through the Adriatic Charter, done at Tirana May 2, 2003; (16) increase efforts to combat Russian disinformation campaigns and any other malign, destabilizing, or disruptive activities targeting the Western Balkans through engagement with government institutions, political stakeholders, journalists, civil society organizations, and industry leaders; (17) articulate clearly and unambiguously the United States commitment to supporting democratic values and respect for international law as the sole path forward for the countries of the Western Balkans; and (18) support the mission of the Peace Corps to promote world peace and friendship by helping the people of interested countries to meet their need for trained men and women, which provides an invaluable opportunity to connect the American people with the people of the Western Balkans. 4. Defined term In this Act, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives . 5. Codification of sanctions relating to the Western Balkans (a) In general The United States sanctions imposed through the Executive orders specified in subsection (b) relating to obstructing the Dayton Accords and corruption, including all sanctions imposed with respect to persons under such Executive orders as of the date of the enactment of this Act, shall remain in effect, except as provided in subsection (c). (b) Executive orders specified The Executive orders specified in this subsection are— (1) Executive Order 13219 ( 50 U.S.C. 1701 note; relating to blocking property of persons who threaten international stabilization efforts in the Western Balkans), as amended before and in effect on the date of the enactment of this Act; and (2) Executive Order 14033 ( 50 U.S.C. 1701 note; relating to blocking property and suspending entry into the United States of certain persons contributing to the destabilizing situation in the Western Balkans), as in effect on such date of enactment. (c) Termination of sanctions The President may terminate the application of sanctions described in subsection (a) with respect to a person if the President certifies to the appropriate congressional committees that— (1) such person— (A) is not engaging in the activity that was the basis for such sanctions; or (B) has taken significant verifiable steps toward stopping such activity; and (2) the President has received reliable assurances that such person will not knowingly engage in activity subject to such sanctions in the future. 6. Democratic and economic development and prosperity initiatives (a) Anti-Corruption initiative The Secretary of State, through ongoing and new programs, shall develop an initiative that— (1) seeks to expand technical assistance for the development of national anti-corruption strategies to each country of the Western Balkans, or for the support of national anti-corruption strategies already created, taking into account local conditions and contingent on the agreement of the host country government; (2) seeks to share best practices with, and provide training to, law enforcement agencies and judicial institutions, and other relevant administrative bodies, in countries in the region to improve the efficiency, transparency, and accountability of such agencies and institutions; (3) provides support to combat political corruption, particularly in campaign finance, and to strengthen regulatory and legislative oversight of critical governance areas, such as freedom of information and public procurement; and (4) includes the Western Balkans in the European Democratic Resilience Initiative, and considers the region as a recipient of anti-corruption funding for such initiative. (b) Prioritizing regional trade and economic competitiveness (1) Sense of congress It is the sense of Congress that— (A) promoting stronger economic, civic, and political relationships among the countries in the Western Balkans will enable such countries to better utilize existing resources and maximize their economic security and resilience by increasing trade in goods and services among other countries in the region; and (B) United States investments in and assistance toward creating a more integrated region ensures political stability and security for the region. (2) Comprehensive, 5-year strategy for economic development and democratic resilience in the western balkans Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development, in coordination with the Secretary of the Treasury, the Secretary of Commerce, and the Chief Executive Officer of the United States International Development Finance Corporation, shall submit to the appropriate congressional committees a regional economic development and democratic resilience strategy for the Western Balkans that— (A) considers the full set of tools and resources available from the agencies overseen by such Federal officials; (B) includes efforts to ensure coordination with multilateral and bilateral partners, such as the European Union, the World Bank, and other relevant assistance frameworks; (C) includes an initial public assessment of— (i) economic opportunities for which United States businesses, or those of other like-minded partners, would be competitive; (ii) legal, economic, governance, infrastructural, or other barriers limiting United States investment in the Western Balkans; (iii) the effectiveness of existing regional cooperation initiatives, such as the Open Balkan initiative and the Western Balkans Common Regional Market; and (iv) ways to increase United States trade in the Western Balkans; (D) develops human and institutional capacity and infrastructure across multiple sectors of economies, including clean energy, energy efficiency, agriculture, small and medium-sized enterprise development, health, and cybersecurity; (E) assists with the development and implementation of regional and international trade agreements; (F) supports women-owned enterprises and gender equality; (G) promotes government policies that combat corruption and encourage transparency, free and fair competition, sound governance, judicial reform, environmental protection, and business environments conducive to sustainable and inclusive economic growth; and (H) includes a public diplomacy strategy that describes the actions that will be taken by relevant agencies to ensure that populations in the Western Balkans are aware of the development activities of the United States Government. (3) Briefing Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall provide a briefing for the appropriate congressional committees that describes the progress made towards developing the strategy required under paragraph (2). (c) Regional trade and development initiative (1) Authorization The Secretary of State and the Administrator of the United States Agency for International Development, in coordination with the Chief Executive Officer of the United States International Development Finance Corporation and the Secretary of Commerce, is authorized to coordinate a regional trade and development initiative in accordance with this subsection. (2) Initiative elements The initiative authorized under paragraph (1) shall— (A) promote private sector growth and competitiveness and increase the capacity of businesses, particularly small and medium-sized enterprises; (B) aim to increase interregional exports to other countries in the Balkans and neighboring countries and European Union member states; (C) aim to increase United States exports to and investments in countries in the Balkans; (D) support startup companies by providing training in business skills and leadership, providing opportunities to connect to sources of capital, and by encouraging startup companies that are led by youth or women; (E) encourage and promote inward and outward investment through engagement with the Western Balkans diaspora community in the United States and abroad; (F) assist governments to develop— (i) regulations to ensure fair and effective investment; and (ii) screening tools to identify and deter malign investments and other coercive economic practices; (G) review existing assistance programming across Federal agencies— (i) to eliminate duplication; and (ii) to identify areas of coordination within the Balkans region, which shall include the 6 Western Balkans countries and any country that shares a border with any of such countries; (H) identify areas where application of additional resources could expand successful programs to 1 or more countries in the region by building on the existing experience and program architecture; (I) compare existing single-country sector analyses to determine areas of focus that would benefit from a regional approach; and (J) promote intraregional trade through— (i) programming, including grants, cooperative agreements, and other forms of assistance; (ii) expanding awareness of the availability of loans and other financial instruments from the United States Government, including from the United States International Development Finance Corporation and the Export-Import Bank of the United States; and (iii) coordinating access to existing trade instruments available through allies and partners in the region, including the European Union and international financial institutions. (3) Support for regional infrastructure projects The initiative authorized under paragraph (1), consistent with the BUILD Act of 2018 (division F of Public Law 115–254 ) and the European Energy Security and Diversification Act of 2019 (title XX of division P of Public Law 116–94 ), should facilitate and prioritize support for regional infrastructure projects, including— (A) transportation projects that build roads, bridges, railways and other physical infrastructure to facilitate travel of goods and people throughout the Balkans region, particularly interstate travel; (B) technical support and investments needed to meet United States and European Union standards for air travel, including screening and information sharing; (C) the development of telecommunications networks from trusted providers; (D) infrastructure projects that connect Western Balkan countries to each other and to countries with which they share a border; (E) the effective analysis of tenders and transparent procurement processes; (F) investment transparency programs that will help countries in the Western Balkans analyze gaps and establish institutional and regulatory reforms necessary— (i) to create an enabling environment for trade and investment; and (ii) to strengthen protections against suspect investments through public procurement and privatization and through foreign direct investments; (G) sharing best practices learned from the United States and other international partners to ensure that institutional and regulatory mechanisms for addressing these issues are fair, nonarbitrary, effective, and free from corruption; (H) projects that reduce reliance on fossil fuels and facilitate the transition to clean sources of energy; (I) technical assistance and generating private investment in projects that promote connectivity and energy-sharing in the Western Balkans region; (J) technical assistance to support regional collaboration on environmental protection that includes governmental, political, civic, and business stakeholders; and (K) technical assistance to develop financing options and help create linkages with potential financing institutions and investors. (4) Loans (A) In general Amounts appropriated under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia in any Act making appropriations for the Department of State, foreign operations, and related programs may be made available for the costs (as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a )), of loan guarantees, including the cost of modifying loans and loan guarantees, for programs, projects, or activities in Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, or Serbia, which are authorized to be provided. (B) Classification of loans and loan guarantees Amounts made available under subparagraph (A) for the costs of loans and loan guarantees, including the cost of modifying loans and loan guarantees, shall not be considered assistance for the purposes of any provisions of law limiting assistance to a country. (C) Consultation and notification Amounts made available under this subsection shall be subject to— (i) prior consultation with the appropriate congressional committees; and (ii) the regular notification procedures of the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives. (5) Requirements All programming under the initiative authorized under paragraph (1) shall— (A) be open to the participation of all 6 Western Balkan countries; (B) be consistent with European Union accession requirements; (C) be focused on retaining talent within the Western Balkans; (D) promote government policies in Western Balkan countries that encourage free and fair competition, sound governance, environmental protection, and business environments that are conducive to sustainable and inclusive economic growth; (E) include gender analysis and efforts to promote gender equity; and (F) include a public diplomacy strategy to inform local and regional audiences in the Balkan region about the initiative, including specific programs and projects. (d) United States International Development Finance Corporation (1) Appointments Not later than 1 year after the date of the enactment of this Act, subject to the availability of appropriations, the Chief Executive Officer of the United States International Development Finance Corporation (referred to in this subsection as the DFC ), in collaboration with the Secretary of State, should take steps to ensure that— (A) a regional DFC office with responsibilities for the Western Balkans is established in the region and is operational; and (B) sufficient full-time DFC employees, including at least one permanent hire from the United States, are stationed in the office to serve United States interests in the Western Balkans. (2) Report Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the DFC shall submit a report to the appropriate congressional committees that includes— (A) a summary of the steps that have been taken to fulfill the requirements under paragraph (1); (B) an account of any additional resources and authorities needed to complete the requirements under paragraph (1); and (C) a description of the initial outreach plan for the new regional DFC office. (3) Joint report Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the DFC and the Administrator of the United States Agency for International Development shall submit a joint report to the appropriate congressional committees that includes— (A) an assessment of the benefits of providing sovereign loan guarantees to countries in the Western Balkans to support infrastructure and energy diversification projects; (B) an outline of additional resources, such as tools, funding, and personnel, which may be required to offer sovereign loan guarantees; and (C) an assessment of how the DFC can deploy its insurance products in support of bonds or other instruments issued to raise capital through United States financial markets. 7. Countering malign influence and promoting cross-cultural engagement (a) Sense of Congress It is the sense of Congress that— (1) promoting university partnerships in the Western Balkans, particularly in traditionally under-served communities, advances United States foreign policy goals and requires a whole of government approach, including the utilization of public-private partnerships; (2) such university partnerships will provide opportunities for exchanging academic ideas, technical expertise, research, and cultural understanding for the benefit of the United States; and (3) the six countries in the Western Balkans meet the requirements under section 105(c)(4) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151c(c)(4) ). (b) University partnerships The President, working through the Secretary of State, is authorized to provide assistance, consistent with section 105 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151c ), to promote the establishment of university partnerships between the United States and the Western Balkans, including— (1) supporting research and analysis on foreign policy and disinformation; (2) working with partner governments to reform policies, improve curricula, strengthen data systems, train teachers, and provide quality, inclusive learning materials; (3) providing individuals, particularly at-risk youth, women, people with disabilities, and other vulnerable, marginalized, or underserved communities, with relevant education, training, and skills for meaningful employment; (4) removing barriers to entering formal education for out-of-school individuals, assisting such individuals to stay in school, and providing an opportunity for any individuals left behind to catch up on schooling; (5) promoting teaching and research exchanges between institutions of higher education in the Western Balkans and in the United States; and (6) encouraging alliances and exchanges with like-minded institutions of education within the Western Balkans and the larger Europe continent. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2023 through 2027 to carry out this section. 8. Peace Corps in the Western Balkans (a) Sense of Congress It is the sense of Congress that— (1) the Peace Corps should be reinstated in the Western Balkans by reopening Peace Corps programs in as many Western Balkans countries as safely possible, including where the Peace Corps had previously operated, or has suspended operations due to the COVID–19 pandemic; (2) the Peace Corps should reopen its programs in as many of the Western Balkans countries as possible, including where the Peace Corps operated previously, but later suspended operations; and (3) the Peace Corps, whose mission is to promote world peace and friendship, in part by helping the people of interested countries in meeting their need for trained men and women, provides an invaluable opportunity to connect the people of the United States with the people of the Western Balkans. (b) Report Not later than 180 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit a report to the appropriate congressional committees that includes— (1) an analysis of current opportunities for Peace Corps expansion in the Western Balkans region; and (2) a plan and timeline for implementing the outcomes described in subsection (a) to facilitate expansion of Peace Corps presence in the Western Balkans region, as appropriate. 9. Balkans Youth Leadership Initiative (a) Sense of Congress It is the sense of Congress that regular people-to-people exchange programs that bring religious leaders, journalists, civil society members, politicians, and other people from the Western Balkans to the United States will strengthen existing relationships and advance United States interests and shared values in the Western Balkans region. (b) Authorization The Secretary of State shall further develop and implement a program, to be known as the Balkans Youth Leadership Initiative (referred to in this section as BOLD ) that promotes educational and professional development for young adult leaders and professionals in the Western Balkans who have demonstrated a passion to contribute to the continued development of the region. (c) Conduct of initiative BOLD shall seek— (1) to build the capacity of young Balkan leaders in the Western Balkans in the areas of business and information technology, cyber security and digitization, agriculture, civic engagement, and public administration; (2) to support young Balkan leaders by offering professional development, training, and networking opportunities, particularly in the areas of leadership, innovation, civic engagement, elections, human rights, entrepreneurship, good governance, and public administration; (3) to support young political, parliamentary, and civic leaders in collaboration on regional initiatives related to good governance, environmental protection, government ethics, and minority inclusion; and (4) to provide increased economic and technical assistance to young Balkan leaders to promote economic growth and strengthen ties between United States and Balkan businesses. (d) Fellowships BOLD should award fellowships to young Balkans leaders who— (1) are between 25 and 35 years of age; (2) have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership; (3) have had a positive impact in their communities, organizations, or institutions, including by promoting cross-regional and multiethnic cooperation; and (4) represent a cross-section of gender, regional, and ethnic diversity. (e) Public engagement center BOLD should seek to procure space, hire staff, and develop programming for the establishment of a flagship public engagement and leadership center in the Western Balkans that seeks— (1) to counter disinformation and malign influence; (2) to promote cross-cultural engagement; (3) to provide training for young Balkan leaders described in subsection (d); and (4) to harmonize the efforts of existing venues throughout the Western Balkans established by the Office of American Spaces. (f) Briefing (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Educational and Cultural Affairs, shall provide a briefing to the appropriate congressional committees that describes the status of exchange programs involving the Western Balkans region. (2) Elements The briefing required under paragraph (1) shall— (A) assess the factors constraining the number and frequency of International Visitor Leadership Program participants from the 6 countries of the Western Balkans; (B) identify the resources that are necessary to address the factors described in subparagraph (A); and (C) describe a strategy for connecting alumni and participants of the Department of State’s professional development exchange programs in the Western Balkans with alumni and participants from other countries in Europe, to enhance inter-region and intra-region people-to-people ties. (g) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2023 through 2027 to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s4741is/xml/BILLS-117s4741is.xml |
117-s-4742 | II 117th CONGRESS 2d Session S. 4742 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Warren (for herself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to create a Department of Defense Military Housing Readiness Council to enhance oversight and accountability for deficiencies in military housing, and for other purposes.
1. Short title This Act may be cited as the Military Housing Readiness Council Act . 2. Department of Defense Military Housing Readiness Council (a) In general Chapter 88 of title 10, United States Code, is amended by inserting after section 1781c the following new section: 1781d. Department of Defense Military Housing Readiness Council (a) In general There is in the Department of Defense the Department of Defense Military Housing Readiness Council (in this section referred to as the Council ). (b) Members (1) In general The Council shall be composed of the following members: (A) The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Council and who may designate a representative to chair the Council in the absence of the Assistant Secretary. (B) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member of the armed force to be represented and not fewer than two of which shall be from an enlisted component. (C) One spouse of an active component member of each of the Army, Navy, Air Force, Marine Corps, and Space Force, not fewer than two of which shall be the spouse of an enlisted component member. (D) One individual appointed by the Secretary of Defense among representatives of the International Code Council. (E) One individual appointed by the Secretary of Defense among representatives of the Institute of Inspection Cleaning and Restoration Certification. (F) One individual appointed by the Chair of the Committee on Armed Services of the Senate who is not described in subparagraph (B) or (C) and is not a representative of an organization specified in subparagraph (D) or (E). (G) One individual appointed by the Ranking Member of the Committee on Armed Services of the Senate who is not described in subparagraph (B) or (C) and is not a representative of an organization specified in subparagraph (D) or (E). (H) One individual appointed by the Chair of the Committee on Armed Services of the House of Representatives who is not described in subparagraph (B) or (C) and is not a representative of an organization specified in subparagraph (D) or (E). (I) One individual appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives who is not described in subparagraph (B) or (C) and is not a representative of an organization specified in subparagraph (D) or (E). (2) Terms The term on the Council of the members specified under subparagraphs (B) through (H) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense. (3) Attendance by landlords The chair of the Council shall extend an invitation to each landlord for one representative of each landlord to attend such meetings of the Council as the chair considers appropriate. (c) Meetings The Council shall meet not less often than four times each year. (d) Duties The duties of the Council shall include the following: (1) To review and make recommendations to the Secretary of Defense regarding policies for privatized military housing, including inspections practices, resident surveys, landlord payment of medical bills for residents of housing units that have not maintained minimum standards of habitability, and access to maintenance work order systems. (2) To monitor compliance by the Department with and effective implementation by the Department of statutory improvements to policies for privatized military housing, including the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title and the complaint database established under section 2894a of this title. (3) To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely information about privatized military housing, accommodations available through the Exceptional Family Member Program of the Department of Defense, and other support services among policymakers, service providers, and targeted beneficiaries. (e) Public reporting (1) Availability of documents Subject to section 552 of title 5 (commonly known as the Freedom of Information Act ), the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents made available to or prepared for or by the Council shall be available for public inspection and copying at a single location in a publicly accessible format on a website of the Department of Defense until the Council ceases to exist. (2) Minutes (A) In general Detailed minutes of each meeting of the Council shall be kept and shall contain— (i) a record of the individuals present; (ii) a complete and accurate description of matters discussed and conclusions reached; and (iii) copies of all reports received, issued, or approved by the Council. (B) Certification The chair of the Council shall certify the accuracy of the minutes of each meeting of the Council. (f) Annual reports (1) In general Not later than March 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on privatized military housing readiness. (2) Elements Each report under this subsection shall include the following: (A) An assessment of the adequacy and effectiveness of the provision of privatized military housing and the activities of the Department of Defense in meeting the needs of military families relating to housing during the preceding fiscal year. (B) A description of activities of the Council during the preceding fiscal year, including— (i) analyses of complaints of tenants of housing units; (ii) data received by the Council on maintenance response time and completion of maintenance requests relating to housing units; (iii) assessments of dispute resolution processes; (iv) assessments of overall customer service for tenants; (v) assessments of results of housing inspections conducted with and without notice; and (vi) any survey results conducted on behalf of or received by the Council. (C) Recommendations on actions to be taken to improve the capability of the provision of privatized military housing and the activities of the Department of Defense to meet the needs and requirements of military families relating to housing, including actions relating to the allocation of funding and other resources. (3) Public availability Each report under this subsection shall be made available in a publicly accessible format on a website of the Department of Defense. (g) Definitions In this section: (1) Landlord The term landlord has the meaning given that term in section 2871 of this title. (2) Privatized military housing The term privatized military housing means housing provided under subchapter IV of chapter 169 of this title. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1781c the following new item: 1781d. Department of Defense Military Housing Readiness Council. . | https://www.govinfo.gov/content/pkg/BILLS-117s4742is/xml/BILLS-117s4742is.xml |
117-s-4743 | II 117th CONGRESS 2d Session S. 4743 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Peters (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To direct the Attorney General to conduct a study on animal cruelty, and for other purposes.
1. Short title This Act may be cited as the Animal Violence Exposes Real Threat of Future Violence Act of 2022 or the AVERT Future Violence Act of 2022 . 2. Definitions In this Act: (1) Animal cruelty The term animal cruelty — (A) means— (i) intentionally, knowingly, or recklessly harming or killing an animal, including maiming, mutilating, torturing, wounding, poisoning, engaging in animal fighting, and sexually abusing an animal, or attempting to do so; or (ii) intentionally or knowingly neglecting or depriving an animal of necessary sustenance or shelter, or attempting to do so; and (B) does not include any conduct that is— (i) customary and normal veterinary, agricultural husbandry, or other animal management practice; (ii) the slaughter of animals for food; (iii) hunting, trapping, fishing, a sporting activity not otherwise prohibited by Federal law, predator control, or pest control; (iv) medical or scientific research; (v) necessary to protect the life of a person; or (vi) performed as part of euthanizing an animal. (2) Eligible entity The term eligible entity means— (A) a State; (B) a unit of local government; (C) a State or local court (including a juvenile court); (D) an Indian Tribe; or (E) any other organization that has a documented history of effective work identifying, intervening in, preventing, reducing, or otherwise responding to animal cruelty, or animal cruelty as related to interpersonal violence (as determined by the Secretary), including— (i) any organization that works directly with or on behalf of pets, service animals, emotional support animals, or horses and collaborates with any organization referred to in subparagraphs (A) through (D), including— (I) an animal shelter; and (II) an animal welfare organization; (ii) any organization that provides mental health services to perpetrators and survivors of crime; (iii) any organization that develops and provides training programs for law enforcement, judges, prosecutors, other court personnel, veterinarians, or mental health professionals; (iv) a domestic violence and sexual assault victim service provider; (v) a domestic violence and sexual assault coalition; (vi) a child abuse victim service provider; (vii) a provider of services to families under the supervision of the courts or departments of child and family services; (viii) an elder abuse victim service provider; (ix) a community-based and culturally specific organization; and (x) any other nonprofit, nongovernmental organization. 3. Study on animal cruelty, underlying factors, and future acts of human violence (a) In general Not later than 3 years after the date of enactment of this Act, the Attorney General, acting through the Director of the National Institute of Justice, shall carry out a study— (1) on the underlying factors that contribute to acts of animal cruelty committed by individuals; and (2) that analyzes acts of animal cruelty as a predictor of future violence against humans. (b) Content of study In carrying out the study under subsection (a), the Director of the National Institute of Justice shall— (1) specifically examine, through a review of scientific literature, original research, and expert input, as appropriate— (A) evidence-informed risk factors associated or correlated with individuals who commit acts of animal cruelty; (B) whether certain acts of animal cruelty can be correlated with certain evidence-informed risk factors (such as whether the acts of animal torturing, tormenting, mutilation, maiming, poisoning, organized abuse, such as animal fighting, sexual abuse, abandonment, or neglect, are associated with the same or different evidence-informed risk factors); (C) whether certain acts of animal cruelty demonstrate a tendency or likelihood to commit a future act of violence against humans; (D) the types of violence against humans most commonly associated with certain acts of animal cruelty (such as domestic violence and assault); and (E) recommendations of areas in which future research on animal cruelty is needed; and (2) develop best practices for— (A) early interventions that prevent acts of animal cruelty; and (B) interventions with individuals who have committed acts of animal cruelty to prevent future acts of violence. (c) Recommendations The Director of the National Institute of Justice shall submit to Congress a report containing the specific policy recommendations, based on the study conducted under this section, for legislative and regulatory action at the Federal, State, and local levels to— (1) address the evidence-informed risk factors that may contribute to acts of animal cruelty committed by individuals; and (2) develop effective interventions and diversion strategies for both juvenile and non-juvenile offenders who have been convicted of criminal offenses involving animal cruelty that reduce the likelihood of offenders committing future violent acts against both humans and animals. 4. Stop future violence grant program (a) In general The Attorney General is authorized to establish a grant program to provide assistance to eligible entities to develop and strengthen effective detection strategies, and early intervention or diversion resources, to stop acts of animal cruelty and rehabilitate offenders. (b) Use of funds A grant awarded under this section may be used to provide personnel, training, technical assistance, data collection, and other resources for the apprehension, prosecution, adjudication, and mental and behavioral health treatment of persons committing acts of animal cruelty, for the rehabilitation of perpetrators and the prevention of future acts of animal cruelty or violence against humans, and specifically, for the purposes of— (1) training law enforcement officers, judges, other court personnel, prosecutors, and mental health professionals to more effectively identify and respond to acts of animal cruelty; (2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, prosecutors, and mental health professionals specifically addressing acts of animal cruelty; (3) developing and implementing more effective police, court, prosecution, mental health, and early intervention policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to acts of animal cruelty; and (4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts, or for the purpose of identifying, classifying, and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for acts of animal cruelty. 5. Authorization of appropriations There are authorized to be appropriated— (1) for the purposes of carrying out section 3, $2,000,000 for fiscal year 2023, to remain available until expended; and (2) for the purposes of carrying out section 4, $2,000,000 for each of fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s4743is/xml/BILLS-117s4743is.xml |
117-s-4744 | II 117th CONGRESS 2d Session S. 4744 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Rosen (for herself, Mr. Boozman , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to establish in the Department of Transportation a drone infrastructure inspection grant program and a drone education and training grant program, and for other purposes.
1. Short title This Act may be cited as the Drone Infrastructure Inspection Grant Act . 2. Drone infrastructure inspection grant program (a) Authority The Secretary of Transportation shall establish a drone infrastructure inspection grant program to make grants to governmental entities to facilitate the use of eligible small unmanned aircraft systems to increase efficiency, reduce costs, improve worker and community safety, reduce carbon emissions, or meet other priorities (as determined by the Secretary) related to critical infrastructure projects. (b) Use of grant amounts A governmental entity may use a grant provided under this section to— (1) purchase or lease eligible small unmanned aircraft systems; (2) support operational capabilities of eligible small unmanned aircraft systems by the governmental entity; (3) contract for services performed with an eligible small unmanned aircraft system in circumstances in which the governmental entity does not have the resources or expertise to safely carry out or assist in carrying out the activities described under subsection (a); and (4) support the program management capability of the governmental entity to use an eligible small unmanned aircraft system. (c) Eligibility To be eligible to receive a grant under this section, a governmental entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including an assurance that the governmental entity or its contractor will comply with relevant Federal regulations. (d) Selection of applicants In selecting an applicant for a grant under this section, the Secretary shall prioritize projects that propose to— (1) carry out a critical infrastructure project in a historically disadvantaged community; or (2) address a safety risk in the inspection, operation, maintenance, repair, modernization, or construction of an element of critical infrastructure. (e) Limitation Nothing in this section shall be construed as to interfere with an agreement between a governmental entity and a labor union. (f) Report to Congress Not later than 1 year after the first grant is provided under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the program carried out under this section, including— (1) a description of the number of grants awarded; (2) the amount of each grant; (3) the activities funded under this section; and (4) the effectiveness of such funded activities in meeting the objectives described in subsection (a). (g) Funding (1) Federal share (A) In general Except as provided in subparagraph (B), the Federal share of the cost of a project carried out using a grant under this section shall not exceed 80 percent of the total project cost. (B) Waiver The Secretary may increase the Federal share requirement under subparagraph (A) to up to 100 percent for a project carried out using a grant under this section by a governmental entity if such entity— (i) submits a written application to the Secretary requesting an increase in the Federal share; and (ii) demonstrates that the additional assistance is necessary to facilitate the acceptance and full use of a grant under this section, such as alleviating economic hardship, meeting additional workforce needs, or such other uses that the Secretary determines to be appropriate. (2) Authorization of appropriations There are authorized to be appropriated to carry out this section— (A) $50,000,000 for fiscal year 2023; and (B) $50,000,000 for fiscal year 2024. 3. Drone education and workforce training grant program (a) Authority The Secretary of Transportation shall establish a drone education and training grant program to make grants to educational institutions for workforce training for eligible small unmanned aircraft system technology. (b) Use of grant amounts Amounts from a grant under this section shall be used in furtherance of activities authorized under sections 631 and 632 of the FAA Reauthorization Act 2018 ( 49 U.S.C. 40101 note). (c) Eligibility To be eligible to receive a grant under this section, an educational institution shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $50,000,000 for fiscal year 2023; and (2) $50,000,000 for fiscal year 2024. 4. Definitions In this Act: (1) Covered foreign entity The term covered foreign entity means an entity— (A) included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce; (B) domiciled in the People’s Republic of China or the Russian Federation; (C) subject to influence or control by the government of the People’s Republic of China or by the Russian Federation; or (D) is a subsidiary or affiliate of an entity described in subparagraphs (A) through (C). (2) Critical infrastructure The term critical infrastructure has the meaning given such term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (3) Critical infrastructure project The term critical infrastructure project means a project for the inspection, operation, maintenance, repair, modernization, or construction of an element of critical infrastructure, including mitigating environmental hazards to such infrastructure. (4) Educational institution The term educational institution means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) that participates in a program authorized under sections 631 and 632 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note). (5) Element of critical infrastructure The term element of critical infrastructure means a critical infrastructure facility or asset, including public bridges, tunnels, roads, highways, dams, electric grid, water infrastructure, communication systems, pipelines, or other related facilities or assets, as defined by the Secretary. (6) Eligible small unmanned aircraft system The term eligible small unmanned aircraft system means a small unmanned aircraft system manufactured or assembled by a company that is domiciled in the United States and is not a covered foreign entity. (7) Governmental entity The term governmental entity means— (A) a State, the District of Columbia, the Commonwealth of Puerto Rico, a territory of the United States, or a political subdivision thereof; (B) a unit of local government; (C) a Tribal Government; (D) a metropolitan planning organization; or (E) a combination of the entities described in subparagraphs (A) through (D). (8) Small unmanned aircraft; unmanned aircraft; unmanned aircraft system The terms small unmanned aircraft , unmanned aircraft , and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s4744is/xml/BILLS-117s4744is.xml |
117-s-4745 | II 117th CONGRESS 2d Session S. 4745 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Peters (for himself, Ms. Collins , and Mr. Braun ) 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 establish a fund for spotted wing drosophila research and mitigation.
1. Short title This Act may be cited as the Spotted Wing Abatement Trust Act of 2022 or the SWAT Act of 2022 . 2. Findings Congress finds that— (1) the spotted wing drosophila, an invasive species from East Asia, has caused significant damage to many valuable fruit crops in the United States, including raspberries, blackberries, blueberries, strawberries, peaches, plums, and cherries; and (2) the Department of Agriculture estimates that spotted wing drosophila account for a combined 20 percent revenue loss across strawberry, blueberry, raspberry, blackberry, and cherry crops, based on reported yield losses due to that species. 3. Spotted wing drosophila research and mitigation Subtitle A of the Plant Protection Act ( 7 U.S.C. 7711 et seq. ) is amended by adding at the end the following: 420A. Spotted wing drosophila research and mitigation (a) In general The Administrator of the Animal and Plant Health Inspection Service (referred to in this section as the Administrator ) shall establish a fund within the Department of Agriculture to fund research relating to, and activities to mitigate the negative effects of, spotted wing drosophila. (b) Administration of fund The Administrator shall— (1) determine eligible recipients to enter into cooperative agreements with, or award grants to, using amounts in the fund established under subsection (a); and (2) oversee the activities carried out using amounts in that fund. (c) Authorization of appropriations There is authorized to be appropriated for the fund established under subsection (a) $6,500,000 for each of fiscal years 2022 through 2028. . | https://www.govinfo.gov/content/pkg/BILLS-117s4745is/xml/BILLS-117s4745is.xml |
117-s-4746 | II 117th CONGRESS 2d Session S. 4746 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Scott of South Carolina (for himself, Ms. Hassan , Mr. Hagerty , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To repeal the sunset provision of the Iran Sanctions Act of 1996, and for other purposes.
1. Short title This Act may be cited as the Solidify Iran Sanctions Act of 2022 . 2. Findings Congress makes the following findings: (1) The Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) requires the imposition of sanctions with respect to Iran’s illicit weapons programs, conventional weapons and ballistic missile development, and support for terrorism, including Iran’s Revolutionary Guards Corps. (2) The Government of Iran has acquired destabilizing conventional weapons systems from the Russian Federation and other malign actors, and is funneling weapons and financial support to its terrorist proxies throughout the Middle East, threatening allies and partners of the United States, such as Israel. 3. Statement of policy It is the policy of the United States to fully implement and enforce the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). 4. Repeal of sunset Section 13 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended— (1) in the section heading, by striking ; sunset ; (2) by striking (a) Effective date .— ; and (3) by striking subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-117s4746is/xml/BILLS-117s4746is.xml |
117-s-4747 | II 117th CONGRESS 2d Session S. 4747 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Portman (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to expand the availability of mental, emotional, and behavioral health services under the Medicaid program, and for other purposes.
1. Short title This Act may be cited as the Investing in Kids’ Mental Health Now Act of 2022 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Payment rate increase for pediatric behavioral health services. Sec. 4. Guidance to States on supporting mental, emotional, and behavioral health services, and on the availability of telehealth under Medicaid. Sec. 5. Ensuring children receive timely access to care. 3. Payment rate increase for pediatric behavioral health services (a) Payment rate increase for pediatric behavioral health services Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (1) in subsection (a)(13)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by adding and at the end; and (C) by adding at the end the following new subparagraph: (D) that, for a 1-year period that begins not later than 6 months after the date of enactment of this subparagraph, the State shall pay for pediatric mental, emotional, and behavioral health services (as defined in subsection (tt)) furnished during such period at a rate that is at least 1 percent, and not more than 9 percent, higher than the rate that was applicable to such services under the State plan as of the day before the date that is 6 months before the date of enactment of this subparagraph; ; and (2) by adding at the end the following new subsection: (tt) Pediatric mental, emotional, and behavioral health services defined For purposes of subsection (a)(13)(D), the term pediatric mental, emotional, and behavioral health services means at least 10 of the following services furnished by a health care provider, including hospitals, physicians, and other providers determined by the Secretary, for the purposes of screening for, identifying, diagnosing, or treating a mental, emotional, or behavioral health condition, whether furnished in-person or via telehealth: (1) Mental health and substance use disorder screenings. (2) Mental health development assessments. (3) Mental health behavior assessments and interventions. (4) Psychological and neuropsychological testing and assessment. (5) Mental health primary prevention services. (6) Mental health and substance use disorder case management services. (7) School-based mental health and substance use disorder prevention, identification, and treatment services. (8) Child and adolescent psychiatry and psychology services. (9) Partial hospitalization services. (10) Day program services. (11) Intensive outpatient services. (12) Eating disorder treatment services. (13) Outpatient services. (14) Crisis residential services. (15) Crisis intervention and stabilization. (16) Inpatient psychiatric and psychological services. (17) Individual therapy. (18) Family therapy. (19) Group therapy services. (20) Intensive in-home services. (21) Peer support services. (22) Provider-to-provider consultation services involving primary care practitioners and mental health care specialists, including child and adolescent specialists. (23) Substance use disorder screening, including SBIRT, and treatment. (24) Medication management. (25) Any other pediatric mental, emotional, or behavioral health service determined appropriate by the Secretary. . (b) Under medicaid managed care plans Section 1932(f) of such Act ( 42 U.S.C. 1396u–2(f) ) is amended— (1) in the header, by inserting and pediatric mental, emotional, and behavioral health before Services ; (2) by inserting and pediatric mental, emotional, and behavioral health services described in section 1902(a)(13)(D) after section 1902(a)(13)(C) ; and (3) by striking such section and inserting section 1902(a)(13) . (c) Increase in payment using increased FMAP Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended by adding at the end the following new subsection: (jj) Increased FMAP for additional expenditures for pediatric mental, emotional, and behavioral health services Notwithstanding subsection (b), with respect to the portion of the amounts expended for medical assistance for services described in section 1902(a)(13)(D) that is furnished during the 1-year period described in such section and that is attributable to the increase to the payment rate applicable to such services required under such section (or, by application, section 1932(f)), the Federal medical assistance percentage for a State that is one of the 50 States or the District of Columbia shall be equal to 100 percent. The preceding sentence does not prohibit the payment of Federal financial participation based on the Federal medical assistance percentage for amounts in excess of those specified in such sentence. . 4. Guidance to States on supporting mental, emotional, and behavioral health services, and on the availability of telehealth under Medicaid (a) Mental, emotional, and behavioral health services Not later than 180 days after date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance to States on how to expand the provision of mental, emotional, and behavioral health services covered by State plans (or waivers of such plans) under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), including a description of best practices for effective programs, service provision for underserved communities, meeting the needs of children with medical complexities, and recruitment and retention of providers. (b) Mental, emotional, and behavioral telehealth services Not later than 1 year after date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance to States on best practices to sustain and enhance the availability of mental, emotional, and behavioral telehealth services covered by State plans (or waivers of such plans) under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), including expanding the originating site requirement, delivering audio-only mental, emotional, and behavioral telehealth services, and streamlining provider licensing, credentialing, and enrollment protocols with respect to telehealth services furnished across State lines. 5. Ensuring children receive timely access to care (a) Guidance to States on flexibilities To ensure provider capacity To provide pediatric mental, emotional, and behavioral crisis care Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide guidance to States on best practices to support children in crisis or in need of intensive mental, emotional, or behavioral health services by using flexibilities for hospitals and other providers under applicable laws, regulations, and guidance, including a description of how States are leveraging existing flexibilities to deliver crisis care. (b) Mandated report to Congress regarding barriers to repurposing of beds, space, and staff To address pediatric behavioral health needs (1) In general Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report with respect to regulatory, legal, and other barriers to care across the crisis continuum, including intermediate level care, such as intensive outpatient care or partial hospitalization, that identifies solutions to facilitate flexibility for children's hospitals and other providers of mental, emotional, or behavioral health services. (2) Requirements In preparing a report under this subsection, the Secretary of Health and Human Services shall include in such report— (A) a comprehensive list of laws, regulations, and guidance impacting children’s hospitals’ and other providers' ability to repurpose immediately beds, space, and staff for children in need of mental, emotional, or behavioral health services, including a description of the rationale for each policy and corresponding actions required to repurpose such beds, space, and staff; and (B) recommendations on how children’s hospitals and other providers can immediately expand access to mental, emotional, and behavioral health services, such as intensive outpatient care, partial hospitalization, and residential care, while also ensuring high quality and safety. | https://www.govinfo.gov/content/pkg/BILLS-117s4747is/xml/BILLS-117s4747is.xml |
117-s-4748 | II 117th CONGRESS 2d Session S. 4748 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Booker (for himself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for national uniformity for reproductive health products.
1. Short title This Act may be cited as the Protecting National Access to Reproductive Care Act of 2022 . 2. Purpose (a) In general This section confirms the intention of Congress that, with respect to reproductive health products approved, licensed, cleared, or authorized by the Food and Drug Administration for specific uses as described in section 3(c), Federal regulation of such products has the effect of preempting any State or local law or regulation, criminal or civil, that has the effect of restricting the use of or access to any such product. (b) Rule of construction Nothing in this Act shall be construed to limit the preemptory effect of the regulation by the Food and Drug Administration of products that are not reproductive health products. 3. National uniformity for reproductive health products (a) In general No State or unit of local government, or State or local government official or other person acting under color of law may implement or enforce any law, requirement, prohibition, or limitation that restricts use or access, or has the effect of restricting use or access, by any individual to any reproductive health product. (b) Enforcement (1) Attorney General The Attorney General may commence a civil action in an appropriate district court of the United States on behalf of the United States against any State or unit of local government, State or local government official, or against any other person acting under color of law that implements or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful the limitation or requirement if it is in violation of subsection (a). (2) Private Right of Action (A) In general Any individual or entity, including any health care provider or patient, adversely affected by an alleged violation of subsection (a), may commence a civil action in an appropriate district court of the United States against any State or unit of local government, or State or local government official, or against any other person acting under color of law who violates subsection (a). The court shall hold unlawful the limitation or requirement if it is in violation of subsection (a). (B) Health care provider A health care provider may commence an action pursuant to subparagraph (A) in an appropriate district court of the United States for relief on its own behalf, on behalf of the provider’s staff, or on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of subsection (a). (3) Declaratory and equitable relief In any action under this subsection, the court may award appropriate declaratory or equitable relief, including temporary, preliminary, or permanent injunctive relief. (4) Costs In any action under this subsection, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this subsection. (5) Jurisdiction The district courts of the United States shall have exclusive jurisdiction over proceedings under this Act 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. (c) Definition In this section, the term reproductive health product means any drug or device that— (1) is approved under section 505 or section 515 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ; 360e), licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), cleared under section 510(k) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(k) ), or authorized under section 513(f)(2) of such Act ( 21 U.S.C. 360c(f)(2) ); and (2) is used to— (A) diagnose, prevent, manage, treat, or terminate pregnancy; or (B) prevent or manage conditions of the reproductive system. (d) Authorization of appropriations For purposes of carrying out subsection (b)(1), there is authorized to be appropriated to the Attorney General $20,000,000 for fiscal year 2022, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s4748is/xml/BILLS-117s4748is.xml |
117-s-4749 | II 117th CONGRESS 2d Session S. 4749 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To improve grants administered by the Office of Community Oriented Policing Services, and for other purposes.
1. Short title This Act may be cited as the COPS Responsible Administration and Management Act . 2. Findings Congress finds the following: (1) The Office of Community Oriented Policing Services (referred to in this section as the COPS Office ) was established within the Department of Justice pursuant to the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ; 108 Stat. 1796) in order to provide grant funding to law enforcement agencies to improve policing and add 100,000 police officers to law enforcement agencies across the United States. (2) Since 1994, the COPS Office has distributed more than $14,000,000,000 to more than 13,000 State, local, and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 law enforcement officers under the program established under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 et seq. ) (referred to in this section as the COPS program ). (3) For fiscal year 2022, Congress appropriated $246,000,000 for the COPS Hiring Program under section 1701(b)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b)(2) ) (referred to in this section as the CHP ). (4) The total amounts appropriated for the COPS programs has steadily increased over the last several years from $222,000,000 for fiscal year 2017 to $512,000,000 for fiscal year 2022, adding to the administrative of responsibilities and workload of the COPS Office. (5) For fiscal years 2021 and 2022, in addition to continued funding for the CHP, COPS Office grants were awarded for a wide variety of purposes for law enforcement agencies to improve public safety and implement best practices. (6) In authorizing COPS program funding at increasing levels each year, Congress is obligated to monitor how these Federal dollars are invested and that funds are spent as effectively as possible to carry out the goals of the COPS program. (7) As the COPS program has expanded to provide increased funding for public safety, the critical need to dedicate resources to administering this program, overseeing its implementation, and tracking its efficacy becomes more pressing. Law enforcement agencies will likely need more resources to comply with accountability requirements as additional law enforcement officers are hired and training programs are made more robust. (8) The Federal Government should be investing in evidence-based, proven training strategies that will make the communities of the United States safer. Yet, many training techniques have not been sufficiently studied or do not empirically reduce use of force incidents. (9) When local law enforcement agencies receive Federal funding, they must comply with civil rights laws. (10) It is the duty of Congress to— (A) ensure the accountability of recipients of Federal funds; (B) manage taxpayer dollars in a responsible and efficient manner; and (C) prevent Federal dollars from supporting policing, or any other practices, that violate the civil and constitutional rights the people of the United States. (11) It is the duty of Congress to ensure that Federal funds are invested in effective law enforcement training techniques and technologies that— (A) reduce negative or dangerous encounters between communities and police, including use of force incidents; (B) increase the diversion to mental health and other social service of calls for service; and (C) improve public safety. (12) The COPS Office does not evaluate its programs or grant awards to ensure investments in activities that— (A) improve police relationships with communities; and (B) reduce negative or dangerous interactions between law enforcement officers and the public, including use of force incidents. (13) Congress must act to remedy this lack of oversight and ensure that— (A) the COPS program is operating in an effective way; and (B) funds are invested in activities that promote and enhance public safety and respect the dignity and rights of all people. (14) To ensure the efficient administration and responsible management of the COPS program, Congress must provide the Department of Justice sufficient resources to achieve these goals. (15) Accountability and transparency in law enforcement and all other government activities are essential to a healthy democracy and a functional system of public safety. Providing the Department of Justice and law enforcement agencies with the resources to implement, monitor, and optimize policing strategies will improve both community safety and public trust in law enforcement. 3. Evaluation of the administration of the COPS Office grant program Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall— (1) conduct a review of the grant program established under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ), including a review of grants used for the purpose described in subsection (b)(2) of that section, to assess— (A) the efficiency of the administration of the program, including the processes for developing and drafting solicitations, reviewing grant applications, and choosing grant recipients; and (B) the oversight of grant awards, including— (i) audits of grant awards; (ii) a verification that funds are used for the approved program activities; (iii) reporting requirements and analysis of information reported by grant recipients; (iv) evaluation of the outcomes and impacts of the grant program across demographic categories; and (v) other performance metrics use to assess the effectiveness of program activities in achieving the stated goals of— (I) improving community relationships; and (II) the reduction of negative or dangerous interactions between law enforcement officers and the public, including use of force incidents; (2) conduct a review of all Federal grant programs to identify duplicative grants; and (3) submit to the Attorney General, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report that— (A) summarizes the findings of the reviews performed under paragraph (1) and (2); (B) makes recommendations to enhance the administration, oversight, transparency and management of the grant program described in paragraph (1); and (C) identifies duplicative grants and makes recommendations for the consolidation or discontinuation of grant programs where possible. 4. Effectiveness of grants (a) Evaluation plan (1) In general Not later than 1 year after the date of enactment of this Act, Director of the Office of Management and Budget, in consultation with appropriate experts and stakeholders, shall develop a plan for the Office of Community Oriented Policing Services to evaluate the effectiveness of grants awarded under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) in achieving— (A) the goals and objectives of improving public safety through a reduction in negative or dangerous interactions between law enforcement officers and the public, including use of force incidents; and (B) compliance with Federal law. (2) Contents The plan developed under paragraph (1) shall— (A) establish— (i) implementable reporting requirements for the purpose of assessing grant-funded activities; (ii) performance metrics that— (I) promote compliance with civil and human rights law and principles; (II) reduce negative or dangerous interactions between law enforcement officers and the public, including use of force incidents; and (III) measure the impact of grant activities on communities across demographic categories; (iii) the role of components of the Federal Government other than the Office of Community Oriented Policing Services in assisting in the oversight of those grants, including the Office of Management and Budget, the Office of the Inspector General of the Department of Justice, the Bureau of Justice Statistics, the Bureau of Justice Assistance, and the National Institute of Justice; and (iv) the process for the continued support of promising practices through the development and testing of innovative strategies; (B) build knowledge about effective practices and outcomes; (C) support new, creative approaches to preventing crime and promoting safe communities; (D) include a plan for the discontinuation of grant-funded activities that are in violation of the laws described in section 5(1) or other civil rights laws; (E) include a description of the resources necessary for the Department of Justice and the Office of Community Oriented Policing Services to implement the plan. (b) Implementation of evaluation plan Not later than 180 days after the date of completion of the plan required under subsection (a)(1), the Attorney General, in consultation with the Director of the Office of Management and Budget, the Inspector General of the Department of Justice, the Director of the Bureau of Justice Statistics, the Director of the Bureau of Justice Assistance, and the Director of the National Institute of Justice, shall implement the plan. (c) Funding There are authorized to be appropriated to the Director of the Office of Community Oriented Policing Services to carry out subsection (b) $10,000,000 for each of fiscal years 2023 through 2028. 5. Civil rights compliance Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Attorney General, in coordination with the Director of the Office of Justice Programs, the Director of the Office of Community Oriented Policing Services, and the Director of the Office on Violence Against Women, shall— (1) conduct a review of the implementation and administrative enforcement by the Department of Justice of title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and section 809(c)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10228(c)(1) ) in connection with Federal financial assistance the Department of Justice provides under any grant program; (2) implement a formal review process to ensure that recipients of grants under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) are in compliance with civil rights laws; (3) establish a system for verifying that an applicant for grants administered by the Department of Justice demonstrate compliance with civil rights laws before the date on which the applicant receives any funds from such a grant; (4) suspend the award of any grant administered by the Department of Justice to a law enforcement agency that does not cooperate with a civil rights compliance review or investigation conducted by the Attorney General, including an investigation conducted pursuant to section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ), by rejecting document requests, restricting access to information or data, or otherwise obstructing the review or investigation, until the law enforcement agency— (A) cooperates with the review or investigation; or (B) otherwise demonstrates compliance with the laws described in paragraph (1); and (5) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report summarizing the findings of the review conducted under paragraph (1). 6. Improving the COPS grant program (a) Use-of-Force data grants Not later than 1 year after the date of enactment of this Act, the Attorney General shall— (1) establish a grant program within the Office of Community Oriented Policing Services to provide grants to law enforcement agencies of States, units of local government, or Tribal governments to pay for the costs associated with participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; and (2) through the Bureau of Justice Assistance, develop and provide technical assistance to law enforcement agencies of State, units of local government, or Tribal governments for participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation. (b) Uniformity in policing policies (1) In general Subject to paragraph (2), the law enforcement agency of a State, unit of local of government, or Tribal government that applies for a grant under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) shall certify in the application for the grant that the law enforcement agency has in place a chokehold policy and a no-knock entry policy consistent with— (A) Executive Order 14074 (87 Fed. Reg. 32945; relating to accountable policing and criminal justice practices); and (B) the policy contained in the memorandum issued by the Department of Justice on September 13, 2021 entitled Chokeholds & carotid restraints; knock and announce requirement . (2) More stringent rules The law enforcement agency of a State, unit of local government, or Tribal law enforcement that applies for a grant under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) may certify in the application for the grant that the law enforcement agency has in place a policy that— (A) is more stringent than a policy described in paragraph (1); (B) entirely bans the use of chokeholds or carotid restraints; or (C) entirely bans the use of no-knock entries. (c) Preferential consideration In awarding grants under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ), the Attorney General shall give preferential consideration to applicants that— (1) participate in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; or (2) have implemented a policy described in subparagraph (B) or (C) of subsection (b)(2). (d) Funding There are authorized to be appropriated to the Director of the Office of Community Oriented Policing Services $20,000,000 for each of fiscal years 2023 through 2028 to increase staff, hire analysts, establish data collection and review systems, and establish the grant program under subsection (a)(1). | https://www.govinfo.gov/content/pkg/BILLS-117s4749is/xml/BILLS-117s4749is.xml |
117-s-4750 | II 117th CONGRESS 2d Session S. 4750 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Menendez (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to clarify and preserve the breadth of the protections under the Medicare Secondary Payer Act.
1. Short title This Act may be cited as the Restore Protections for Dialysis Patients Act . 2. Clarification and preservation of prohibition under Medicare Section 1862(b)(1)(C) of the Social Security Act ( 42 U.S.C. 1395y(b)(1)(C) ) is amended— (1) in clause (i), by inserting , or that such an individual requires the use of an item or service, before during the 12-month period ; and (2) by adding at the end of the matter following clause (ii), the following new sentence: Notwithstanding any other provision of law, a group health plan shall be treated as differentiating in the benefits it provides in violation of clause (ii) if the plan limits, restricts, or conditions the benefits the plan provides for renal dialysis services as compared to the benefits the plan provides for other medical services that are necessary to treat other chronic medical conditions and that are covered under the plan. . | https://www.govinfo.gov/content/pkg/BILLS-117s4750is/xml/BILLS-117s4750is.xml |
117-s-4751 | II 117th CONGRESS 2d Session S. 4751 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Toomey (for himself, Ms. Sinema , Ms. Lummis , Mr. Warner , and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To revise the definition of a broker for purposes of certain reporting requirements with respect to digital asset transfers under the Internal Revenue Code of 1986, and for other purposes.
1. Information reporting for brokers and digital assets (a) Clarification of definition of broker Subparagraph (D) of section 6045(c)(1) of the Internal Revenue Code of 1986, as added by section 80603(a)(3) of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ), is amended by striking is responsible for regularly providing any service effectuating and inserting regularly effectuates . (b) Rules of construction Section 80603 of the Infrastructure Investment and Jobs Act is amended by striking subsection (d) and inserting the following: (d) Rules of construction (1) Definition of broker Nothing in this section or the amendments made by this section shall be construed to create any inference that a person described in section 6045(c)(1)(D) of the Internal Revenue Code of 1986, as added by this section, includes any person solely engaged in the business of— (A) validating distributed ledger transactions, without providing other functions or services, or (B) selling hardware or software for which the sole function is to permit persons to control private keys which are used for accessing digital assets on a distributed ledger. (2) Brokers and treatment of digital assets Nothing in this section or the amendments made by this section shall be construed to create any inference, for any period prior to the effective date of such amendments, with respect to— (A) whether any person is a broker under section 6045(c)(1) of the Internal Revenue Code of 1986, or (B) whether any digital asset is property which is a specified security under section 6045(g)(3)(B) of such Code. . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of section 80603 of the Infrastructure Investment and Jobs Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4751is/xml/BILLS-117s4751is.xml |
117-s-4752 | II 117th CONGRESS 2d Session S. 4752 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior to prepare a programmatic environmental impact statement allowing for adaptive management of certain Federal land in Malheur County, Oregon, and for other purposes.
1. Short title This Act may be cited as the Malheur Community Empowerment for the Owyhee Act . 2. Definitions In this Act: (1) Active management The term active management means those actions that are proposed or implemented— (A) to address degraded or non-functioning resource conditions that would not improve without on-the-ground treatments; (B) to respond to specific, identified resource conditions described in subparagraph (A); and (C) to meet resource objectives and desired outcomes. (2) Adaptive management The term adaptive management means management based on a relationship between research and management practices in which management practices are developed and modified based on a recurring evaluation of data, collected on a recurring basis by and for the Monitoring Network, for the purpose of allowing timely reactions to changing conditions on Federal land— (A) to achieve, retain, or improve the ecological health and functionality of the Federal land; and (B) to achieve desired future conditions on the Federal land. (3) Bureau The term Bureau means the Bureau of Land Management. (4) Center The term Center means the Native Seed Center established under section 6(e)(1)(A). (5) Commissioner The term Commissioner means the Commissioner of Reclamation. (6) County The term County means Malheur County, Oregon. (7) Cultural The term cultural means relating to the sites, areas, or artifacts of, or traditional uses of land by, indigenous peoples. (8) Cultural resources The term cultural resources means— (A) the sites, areas, and artifacts of indigenous peoples; and (B) the existing uses of land by indigenous peoples. (9) Ecological health The term ecological health means the ability of the ecological processes of an ecosystem to function in a manner that maintains the structure, composition, activity, and resilience of the ecosystem over time, including an ecologically appropriate diversity of plant communities, habitats, and conditions that are sustainable through successional processes. (10) Federal land (A) In general The term Federal land means all land in the County the title to which is held by the United States. (B) Exclusions The term Federal land does not include— (i) any Forest Service land; or (ii) any land held in trust by the Bureau of Indian Affairs. (11) Invasive species The term invasive species means a species of nonnative aggressive plant with the potential to cause— (A) significant damage to a native ecosystem; or (B) significant economic losses. (12) Loop road (A) In general The term loop road means a route determined by the Malheur CEO Group that is managed and maintained by the Bureau and the County for the purpose of providing directed tourism and educational opportunities in the County. (B) Inclusion The term loop road includes each of the roads described in paragraphs (2) through (5) of section 6(a). (13) Malheur CEO Advisory Committee The term Malheur CEO Advisory Committee means the Malheur Community Empowerment for Owyhee Group Advisory Committee established under section 4(c)(7)(A). (14) Malheur CEO Group The term Malheur CEO Group means the Malheur Community Empowerment for Owyhee Group established under section 4(c)(1). (15) Monitoring data (A) In general The term monitoring data means data that is— (i) collected through a memorandum of understanding entered into under section 4(e)(1); and (ii) provided to the Bureau at a frequency sufficient— (I) to monitor the ecological functionality of Federal land subject to a programmatic environmental impact statement prepared under section 4(a)(1); and (II) to use for adaptive management of that Federal land. (B) Inclusion The term monitoring data includes data in existence on the date of enactment of this Act. (16) Monitoring Network The term Monitoring Network means the network of monitoring partners and protocols established under section 4(e)(1), including the parties to, and protocols established under, each memorandum of understanding entered into under that section for the purpose of implementing adaptive management of the Federal land. (17) Native Seed Center Establishment Group The term Native Seed Center Establishment Group means the group established pursuant to the memorandum of understanding entered into under section 6(e)(1)(B). (18) Passive management The term passive management means those actions that are proposed or implemented to address degraded or non-functioning resource conditions that are expected to improve without additional on-the-ground actions, such that resource objectives and desired outcomes are anticipated to be reached without additional human intervention. (19) Restoration area The term restoration area means an area of Federal land in need of active or passive management— (A) to restore the ecological health of the area; or (B) to prevent the ecological degradation of the area from— (i) demonstrably encroaching invasive species; or (ii) other threats. (20) Secretary The term Secretary means the Secretary of the Interior. 3. Purpose and objectives (a) Purpose The purpose of this Act is to promote the long-term ecological health of the Federal land to support communities and natural resources. (b) Objectives (1) In general To further the purpose described in subsection (a), the Secretary shall manage the Federal land for the benefit of present and future generations— (A) to support and grow local communities and economies; (B) to protect the cultural resources and western traditions for which the Federal land is known; (C) to maintain grazing on the Federal land— (i) for the economic well-being of the County; and (ii) as a tool to improve the ecological health of the Federal land; (D) to protect and enhance the cultural, ecological, and economic needs of the Burns Paiute Tribe; (E) to maintain and enhance the latest available science-based adaptive management of the Federal land; (F) to prevent invasive species encroachment and large fires through management practices that focus on restoration of the ecosystem; (G) to ensure the conservation and improved management of the ecological, social, and economic environment, including geological, biological, wildlife, fish, riparian, and scenic resources; (H) to address the management uncertainties on the Federal land to provide greater stability of natural resource management on the Federal land; and (I) to promote and foster cooperation, communication, and understanding, and reduce conflict, among all users of the Federal land. (2) Approach The Secretary shall carry out the duties of the Secretary under this Act in a manner that— (A) furthers the purpose described in subsection (a) and the objectives described in paragraph (1); (B) ensures the collection of relevant data to monitor and evaluate the ecological health of the Federal land; (C) ensures that adaptive management actions improve the ecological health of the Federal land; (D) builds inclusivity in the County by promoting the involvement of local grazing allotment holders, institutions of higher education, volunteers, Federal agencies, and other interested parties in the Monitoring Network while standardizing data collection; and (E) promotes cooperation, communication, and understanding within the County to reduce conflict among all users of Federal land. 4. Adaptive management of Federal land in the County (a) Programmatic environmental impact statement (1) Preparation (A) In general Not later than 1 year after the date of enactment of this Act, and every 10 years thereafter, the Secretary, in consultation with the Commissioner and after obtaining input from the Malheur CEO Group, shall prepare a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for the Federal land using— (i) existing and up-to-date planning documents, processes, and data; and (ii) in the case of the first programmatic environmental impact statement, any planning and data documentation that is in development on the date of enactment of this Act. (B) Priorities (i) Priority actions for missing data The Secretary shall give priority to the completion of any analysis relating to areas on the landscape for which planning or data are lacking during the year in which a programmatic environmental impact statement under subparagraph (A) is prepared. (ii) Baseline soil and vegetative health assessments In carrying out subparagraph (A), the Secretary shall give priority to the completion of baseline soil and vegetative health assessments on the Federal land. (C) Protection of the Federal land In carrying out subparagraph (A), the Secretary shall include an analysis of the conditions and actions necessary to ensure that the adaptive management carried out under a programmatic environmental impact statement will not degrade the ecological health of the Federal land. (D) Supplementation of existing grazing regulations A programmatic environmental impact statement under subparagraph (A) shall supplement, and not supplant, existing grazing regulations, including part 4100 of subchapter D of chapter II of subtitle B of title 43, Code of Federal Regulations (or successor regulations). (E) Consideration of other law The Secretary shall ensure that each programmatic environmental impact statement under subparagraph (A) takes consideration of, and is consistent with— (i) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ); (ii) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ); (iii) division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act ); and (iv) Executive Order No. 13007 ( 42 U.S.C. 1996 note; relating to Indian sacred sites). (2) Adaptive management Each programmatic environmental impact statement under paragraph (1)(A) shall— (A) provide baseline information on the ecological health of the Federal land; (B) define desired future ecological conditions and outcomes; (C) negate the need for project-specific environmental analysis for the management activities listed in clauses (i) through (ix) of subparagraph (D); and (D) to restore and improve the ecological health of the Federal land and related riparian areas, lead to or enhance the use of adaptive management of the Federal land for— (i) the management of invasive species through the use, as the Secretary determines to be appropriate, of available tools, including— (I) mechanical tools; (II) hand tools; (III) chemical tools; (IV) biological tools; and (V) livestock for varied season use; (ii) the maintenance of existing water infrastructure; (iii) the improvement, including movement, of existing water infrastructure, except in an area in which there are species listed as threatened species or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (iv) the culturally appropriate protection of areas for restoration of wildlife habitat through— (I) offsite water developments; (II) wildlife-friendly fencing; and (III) vegetation management to protect— (aa) the natural integrity of spring sites; (bb) native species diversity; (cc) water quality; and (dd) soil heath; (v) the protection and use of existing water infrastructure, including— (I) the use of existing water infrastructure to distribute livestock and wildlife, including wild horses, for— (aa) the protection of riparian areas, springs, wetlands, or other mesic sites; and (bb) the ecological improvement of rangeland by domestic species; (II) the prevention of fragmentation of habitat; (III) the preservation of existing water infrastructure that has not experienced invasion by an invasive species; and (IV) the restoration of existing water infrastructure that has experienced degradation by an invasive species. (vi) the repair, removal, or construction of fences, as necessary, in response to land designations, in accordance with wildlife or domestic animal management needs; (vii) the maintenance of existing roads, if that maintenance does not constitute an improvement amounting to a new road category; (viii) the removal of juniper where ecologically appropriate for the benefit of improving or conserving ecological function; and (ix) the use of prescribed fire to reduce fuel loads where ecologically appropriate. (3) No effect on subsurface mineral rights A programmatic environmental impact statement under paragraph (1)(A) shall not affect any subsurface mineral rights. (4) Minimum requirements analyses (A) In general Each programmatic environmental impact statement under paragraph (1)(A) shall include a minimum requirements analysis under appendix B of section 6340 of the Bureau of Land Management Manual (Management of Designated Wilderness Areas) (as in effect on the date of enactment of this Act) for the proposed management activities included in the programmatic environmental impact statement. (B) Project-specific analyses A project-specific minimum requirements analysis shall not be required for any site-specific activity that is covered under a programmatic environmental impact statement referred to in subparagraph (A). (b) Planning and reporting requirements (1) Restoration area plan (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Malheur CEO Group and the Monitoring Network, shall develop a plan, using existing data and planning documents, for the restoration of areas that are ecologically degraded on the date of enactment of this Act. (B) Requirement The plan under subparagraph (A) shall describe— (i) the restoration areas to be treated under the plan; (ii) the restoration objectives and desired ecological outcomes for the restoration areas; (iii) the priority of restoration areas to be treated under the plan, including the reasons for such priority; (iv) the prescribed treatments under the plan, including the use of newer and developing technologies; (v) the timing of treatments under the plan; and (vi) the monitoring methods and techniques that will be used to measure and evaluate success relative to the restoration objectives and desired ecological outcomes described in clause (ii). (2) Report on areas most at risk of being ecologically degraded Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Malheur CEO Group and the Monitoring Network, shall develop a report and a plan that identifies the Federal land most at risk of being ecologically degraded, including an assessment of management options to keep the Federal land intact, including the option of no active management. (c) Malheur Community Empowerment for Owyhee Group (1) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a group, to be known as the Malheur Community Empowerment for Owyhee Group — (A) to improve collaborative relationships among— (i) the members of the Malheur CEO Group; and (ii) the types of entities that those members represent; and (B) to provide advice and recommendations to the Secretary relating to the monitoring and management of the Federal Land, in accordance with the purpose and objectives described in section 3. (2) Membership (A) In general The Malheur CEO Group shall consist of 13 members, of whom— (i) 6 shall be representatives of ranching businesses in the County; (ii) 6 shall be representatives of other businesses or conservation or recreation organizations, of whom 2 shall reside in the County; and (iii) 1 shall be a representative of the Burns Paiute Tribe. (B) Appointment (i) In general Members of the Malheur CEO Group shall be appointed by the Secretary, with advice from— (I) the manager of the Vale District of the Bureau; (II) any Member of the House of Representatives who represents a district in which the Federal land is located; and (III) the Governor of the State of Oregon. (ii) Initial appointments Not later than 180 days after the date of enactment of this Act, the Secretary shall appoint the initial members of the Malheur CEO Group. (iii) Terms Each member of the Malheur CEO Group shall serve for a term of 3 years. (iv) Reappointment A member of the Malheur CEO Group may be reappointed for 1 or more additional 3-year terms. (v) Vacancies A vacancy on the Malheur CEO Group shall be filled— (I) as soon as practicable after the vacancy occurs; and (II) in the same manner as the original appointment. (C) Compensation and expenses (i) Compensation Members of the Malheur CEO Group shall serve without compensation. (ii) Travel expenses Each member of the Malheur CEO Group shall receive, from the Secretary, travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (D) Chairperson A chairperson shall be elected by a majority of the members of the Malheur CEO Group. (3) Duties (A) In general The Malheur CEO Group shall— (i) review each project proposed to the Bureau by members of the Malheur CEO Group, ranchers holding grazing permits on the Federal land, or other members of the public to be carried out using the analysis completed by a programmatic environmental impact statement prepared under subsection (a)(1); (ii) propose projects and funding to the Secretary under this Act; (iii) provide early and continuous coordination with appropriate officials of land management agencies in the County in recommending projects consistent with purposes of this Act; and (iv) provide frequent opportunities for citizens, organizations, Tribes, land management agencies, and other interested parties to participate openly and meaningfully in the project development process, including in the early stages of the process. (B) Projects proposed to the Secretary The Malheur CEO Group may propose a project to the Secretary if the project has been approved by a majority of the members voting at an official meeting of the Malheur CEO Group. (4) Meetings (A) In general A quorum is required for an official meeting of the Malheur CEO Group. (B) Quorum A quorum shall consist of— (i) a combination of members that— (I) constitutes a majority of the members of the Malheur CEO Group; and (II) consists of at least as many members described in clause (i) of paragraph (2)(A) as the total number of members described in clauses (ii) and (iii) of that paragraph; or (ii) all of the members of the Malheur CEO Group. (C) Open meetings Each meeting of the Malheur CEO Group shall— (i) be announced in a local newspaper of record, as determined by the Secretary, not less than 1 week in advance of the meeting; and (ii) be open to the public. (D) Records The Malheur CEO Group shall— (i) maintain records of each meeting; and (ii) make those records available for public inspection. (5) Bylaws (A) In general The members of the Malheur CEO Group shall establish bylaws for the Malheur CEO Group. (B) Requirement Bylaws may be established under subparagraph (A) on approval by— (i) a combination of members that— (I) constitutes a majority of the members of the Malheur CEO Group; and (II) consists of at least as many members described in clause (i) of paragraph (2)(A) as the total number of members described in clauses (ii) and (iii) of that paragraph; or (ii) all of the members of the Malheur CEO Group. (6) Detail of Federal employees (A) In general On request of the Malheur CEO Group, the Secretary may detail, with or without reimbursement, any of the personnel of the Department of the Interior to assist the Malheur CEO Group in carrying out the duties described in paragraph (3). (B) Civil service status Any detail of a Federal employee under subparagraph (A) shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee detailed. (7) Malheur Community Empowerment for Owyhee Group Advisory Committee (A) Establishment Not later than 60 days after the date on which the Malheur CEO Group is established under paragraph (1), the Malheur CEO Group shall establish an advisory committee, to be known as the Malheur Community Empowerment for Owyhee Group Advisory Committee , to provide input to the Malheur CEO Group, including scientific, cultural, historical, and other advice, as needed, regarding management of the Federal land— (i) to ensure that the work of the Malheur CEO Group is well-informed and relevant to the Federal land; and (ii) to promote adaptive management of the Federal land in accordance with a programmatic environmental impact statement prepared under subsection (a)(1). (B) Membership (i) In general The Malheur CEO Advisory Committee shall consist of— (I) members of the Malheur CEO Group; (II) representatives of Indian tribes, including at least 1 representative of the Burns Paiute Tribe; (III) representatives of the scientific and research communities, including individuals with expertise in scientific matters relevant to the Federal land, as determined by the Malheur CEO Group; and (IV) representatives of any other entity or interest relevant to the Federal land, as determined by the Malheur CEO Group. (ii) Appointment (I) In general The Malheur CEO Group shall appoint the members of the Malheur CEO Advisory Committee. (II) Initial appointments Not later than 60 days after the date on which the Malheur CEO Group is established under paragraph (1), the Malheur CEO Group shall appoint the initial members of the Malheur CEO Advisory Committee. (III) Terms Each member of the Malheur CEO Advisory Committee shall serve for such period as the Malheur CEO Group determines to be appropriate. (IV) Reappointment A member of the Malheur CEO Advisory Committee may be reappointed for 1 or more additional terms. (V) Vacancies A vacancy on the Malheur CEO Advisory Committee shall be filled— (aa) as soon as practicable after the vacancy occurs; and (bb) in the same manner as the original appointment. (iii) Compensation and expenses (I) Compensation Members of the Malheur CEO Advisory Committee shall serve without compensation. (II) Travel expenses Each member of the Malheur CEO Advisory Committee shall receive, from the Secretary, travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (8) Inapplicability of Federal advisory committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Malheur CEO Group or the Malheur CEO Advisory Committee. (d) Ongoing consultation (1) In general In carrying out adaptive management under a programmatic environmental impact statement prepared under subsection (a)(1) and monitoring under subsection (e), the Secretary shall consult with the Malheur CEO Group and work toward a consensus with respect to— (A) the implementation of policies and practices; (B) any lessons learned from that implementation; and (C) the adaptation of those policies and practices— (i) to reflect any lessons learned from the implementation; and (ii) to incorporate the results of the monitoring carried out under subsection (e). (2) Frequency The Secretary shall consult with the Malheur CEO Group not less frequently than once every 60 days for the 4-year period beginning on the date on which the Malheur CEO Group is established under subsection (c)(1), and as necessary thereafter. (e) Monitoring (1) Establishment of the Monitoring Network (A) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding with the monitoring partners described in subparagraph (B) to establish a network, to be known as the Monitoring Network — (i) to monitor, in accordance with this subsection, all Federal land subject to a programmatic environmental impact statement prepared under subsection (a)(1)(A); and (ii) to carry out ecological research relating to that monitoring. (B) Monitoring partners described The monitoring partners referred to in subparagraph (A) are— (i) the Director of the Bureau; (ii) the Director of the United States Fish and Wildlife Service; (iii) the Chief of the Natural Resources Conservation Service; (iv) the Oregon Department of Fish and Wildlife; (v) the Oregon Department of Environmental Quality; (vi) the County; (vii) the Malheur County Soil and Water Conservation District; (viii) relevant watershed councils in the County, as determined by the Malheur CEO Group; (ix) the Burns Paiute Tribe; (x) Oregon State University; (xi) Treasure Valley Community College; (xii) existing holders or users of grazing permits on the Federal land; (xiii) representatives of conservation, hunting, or fishing organizations; and (xiv) any other individual or entity that, in the determination of the Secretary, collects or holds data relevant to the monitoring, in accordance with this section, of the Federal land subject to a programmatic environmental impact statement prepared under subsection (a)(1). (2) Leadership of the Monitoring Network The Chief of the Natural Resources Conservation Service and the Director of the Bureau shall lead the Monitoring Network unless the parties to the memorandum of understanding described in paragraph (1) choose another Federal official to lead the Monitoring Network. (3) Requirements The Monitoring Network shall carry out monitoring and research— (A) using agreed upon protocols for the collection of data to inform the adaptive management actions necessary to achieve a desired range of future conditions; (B) using the latest available science-based ecological framework to provide more frequent and timely data relating to the ecological functionality of the Federal land subject to a programmatic environmental impact statement prepared under subsection (a)(1) than the data that the Bureau was able to acquire before the date of enactment of this Act through— (i) the independent efforts of the Bureau; or (ii) existing cooperative agreements; (C) that provides data that can be used by the Secretary in real-time, as baseline data and as data indicating changes in conditions, for adaptive management of the Federal land in accordance with a programmatic environmental impact statement prepared under subsection (a)(1); and (D) that includes monitoring and research of ecological health, including the collection of data on— (i) the relationship between invasive species and fires, including information regarding the frequency and severity of any fires, updated not less frequently than once each year; (ii) soils and vegetation, for the purpose of preparing a complete inventory of all soils and vegetation within the Federal land, updated not less frequently than once every 10 years; (iii) wildlife, including migration corridors and the status of habitat fragmentation; (iv) wild or feral horses or trespass livestock; (v) the availability and management of water on the land, including the use of updated water infrastructure; (vi) the effects of the removal of juniper; (vii) invasive species; (viii) sage brush steppe ecosystems; (ix) wetlands, riparian areas, springs, seeps, and other mesic sites; and (x) recreation, including— (I) recreation in any component of the National Wild and Scenic Rivers System; (II) recreation north and south of the Owyhee dam; and (III) recreation relating to loop roads, including— (aa) the use of the roads; (bb) the economic impact of the roads; (cc) the effects of the roads on domestic and wild flora and fauna; and (dd) the effects of the roads on— (AA) cultural uses of the land; and (BB) cultural artifacts. (4) Deadline for baseline data Not later than 180 days after the date on which the Monitoring Network is established under paragraph (1), the Monitoring Network shall begin— (A) compiling existing baseline data; (B) incorporating new baseline data as that data is acquired; and (C) making that baseline data available to the public. (5) Use of monitoring data (A) In general Monitoring data collected by the Monitoring Network shall inform management planning decisions relating to the actions covered by a programmatic environmental impact statement prepared under subsection (a)(1), as determined by the Secretary. (B) Effect of violations If monitoring data described in subparagraph (A) shows that a holder or user of a grazing permit is not in substantial compliance with the applicable management plan or any use of flexible management granted by a programmatic environmental impact statement prepared under subsection (a)(1), that holder or user shall not be permitted further access to any flexible management granted by the programmatic environmental impact statement until— (i) the holder or user takes corrective action; and (ii) monitoring data shows that the corrective action taken by the holder or user has improved the ecological health of the affected land, as determined by the Secretary. (C) Effect of improvements (i) Suspended animal unit months The Secretary shall restore for use by a holder or user of a grazing permit any animal unit months held by that holder or user that were suspended, in a quantity commensurate with the carrying capacity of the relevant land, as determined by the Secretary, if— (I) monitoring data shows that the holder or user is in substantial compliance with— (aa) the applicable management plan; and (bb) the use of flexible management granted by a programmatic environmental impact statement prepared under subsection (a)(1); and (II) the conditions of the allotments of that holder or user will support additional animal unit months beyond the animal unit months assigned to that holder or user. (ii) Improved carrying capacity The Secretary shall consider increasing the quantity of animal unit months held by a holder or user of a grazing permit if monitoring data shows an increased carrying capacity on the relevant land. (6) Deployment and use of modern technology To the maximum extent practicable, the Secretary shall deploy, use, and request the use of modern technology to carry out the monitoring referred to in paragraph (1), including— (A) unmanned aerial systems; (B) satellite imagery; (C) Global Positioning Systems and tablets; (D) weather stations; and (E) stream gauges. (7) Soil and vegetation surveys Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for internships and workforce development to carry out soil and vegetation surveys on the Federal land with— (A) the Chief of the Natural Resources Conservation Service; (B) the American Conservation Experience; (C) Oregon State University; (D) Treasure Valley Community College; (E) the Burns Paiute Tribe; and (F) local high schools in the County. (8) No effect on existing fees Nothing in this subsection affects any Federal, State, Tribal, or local grazing or other fee generated in the County under existing law (including regulations). (f) Enforcement (1) Direct enforcement by the Secretary The Secretary shall enforce compliance with— (A) any requirement relating to the monitoring of Federal land under subsection (e); and (B) any policy or practice implemented by the Secretary in response to that monitoring. (2) Enforcement by the County (A) In general The Secretary may make grants to County law enforcement agencies to assist in the enforcement of any requirement relating to the monitoring of county roads. (B) Additional law enforcement officers and personnel The County may use funds received through a grant under this paragraph to hire not more than 4 additional law enforcement officers or personnel. (3) Monitoring and enforcement by Indian Tribes The Secretary shall make grants to Indian Tribes— (A) to assist the Secretary in the monitoring required under subsection (e); and (B) to assist in the enforcement of— (i) any requirement relating to the monitoring of Federal land under subsection (e); and (ii) any policy or practice implemented by the Secretary in response to that monitoring. (g) Authorization of resources for increased workforce (1) In general To carry out this section, including any monitoring and enforcement under this section, the Secretary may hire additional employees for the Vale District of the Bureau. (2) Soil and vegetative health survey workforce (A) Initial completion of baseline soil and vegetative health survey To complete the soil and vegetative health surveys under subsection (e)(7), the Secretary shall use existing protocols and hire, for the Vale District of the Bureau— (i) 4 employees to survey 200,000 acres of Federal land each year until the survey of Federal land is completed; or (ii) to complete the survey of Federal land in 1 year, 40 employees for a period of 1 year. (B) Updates to the survey To update the survey not less frequently than once every 10 years, the Secretary shall hire, for the Vale District of the Bureau, 6 employees to survey not less than 460,000 acres of Federal land each year on an ongoing basis. (h) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary— (A) to carry out monitoring and enforcement under this section, $10,000,000 for each of fiscal years 2023 through 2033; (B) to carry out soil and vegetation surveys under subsection (e)(7), $10,000,000 for each of fiscal years 2023 through 2033; (C) to make grants under subsection (f)(2) to County law enforcement agencies, $10,000,000 for each of fiscal years 2023 through 2033; and (D) to make grants under subsection (f)(3) for monitoring and enforcement by Indian Tribes, $7,000,000 for each of fiscal years 2023 through 2033. (2) Increased APHIS funding There is authorized to be appropriated to the Administrator of the Animal and Plant Health Inspection Service to support innovative technologies to reduce invasive species, including invasive weeds and invasive annual grasses on the Federal land, $1,000,000 for each of fiscal years 2023 through 2033. 5. Land designations (a) Definitions In this section: (1) Covered segment The term covered segment means the river segment designated by paragraph (231) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as added by subsection (d)(1)). (2) Map The term Map means the map entitled Proposed Wilderness Malheur County and dated November 6, 2019. (3) Wilderness area The term wilderness area means a wilderness area designated by subsection (b)(1). (b) Designation of wilderness areas (1) In general In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following Federal land in the County comprising approximately 1,133,481 acres, as generally depicted on the Map, is designated as wilderness and as components of the National Wilderness Preservation System: (A) Fifteenmile creek wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 58,599 acres, as generally depicted on the Map, which shall be known as the Fifteenmile Creek Wilderness . (B) Oregon canyon mountains wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 57,891 acres, as generally depicted on the Map, which shall be known as the Oregon Canyon Mountains Wilderness . (C) Twelvemile creek wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 37,779 acres, as generally depicted on the Map, which shall be known as the Twelvemile Creek Wilderness . (D) Upper west little owyhee wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 93,159 acres, as generally depicted on the Map, which shall be known as the Upper West Little Owyhee Wilderness . (E) Lookout butte wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 66,194 acres, as generally depicted on the Map, which shall be known as the Lookout Butte Wilderness . (F) Owyhee river canyon wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 223,586 acres, as generally depicted on the Map, which shall be known as the Mary Gautreaux Owyhee River Canyon Wilderness . (G) Twin butte wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 18,135 acres, as generally depicted on the Map, which shall be known as the Twin Butte Wilderness . (H) Cairn c wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 8,946 acres, as generally depicted on the Map, which shall be known as the Cairn C Wilderness . (I) Oregon butte wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 32,010 acres, as generally depicted on the Map, which shall be known as the Oregon Butte Wilderness . (J) Deer flat wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 12,266 acres, as generally depicted on the Map, which shall be known as the Deer Flat Wilderness . (K) Sacramento hill wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 9,568 acres, as generally depicted on the Map, which shall be known as the Sacramento Hill Wilderness . (L) Coyote wells wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 7,147 acres, as generally depicted on the Map, which shall be known as the Coyote Wells Wilderness . (M) Big grassey wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 45,192 acres, as generally depicted on the Map, which shall be known as the Big Grassey Wilderness . (N) Little groundhog reservoir wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 5,272 acres, as generally depicted on the Map, which shall be known as the Little Groundhog Reservoir Wilderness . (O) Lower owyhee canyon wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 79,947 acres, as generally depicted on the Map, which shall be known as the Mary Gautreaux Lower Owyhee Canyon Wilderness . (P) Jordan crater wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 31,141 acres, as generally depicted on the Map, which shall be known as the Jordan Crater Wilderness . (Q) Owyhee breaks wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 29,471 acres, as generally depicted on the Map, which shall be known as the Owyhee Breaks Wilderness . (R) Dry creek wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 33,209 acres, as generally depicted on the Map, which shall be known as the Dry Creek Wilderness . (S) Dry creek buttes wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 53,782 acres, as generally depicted on the Map, which shall be known as the Dry Creek Buttes Wilderness . (T) Upper leslie gulch wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,911 acres, as generally depicted on the Map, which shall be known as the Upper Leslie Gulch Wilderness . (U) Slocum creek wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 7,528 acres, as generally depicted on the Map, which shall be known as the Slocum Creek Wilderness . (V) Honeycombs wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 40,099 acres, as generally depicted on the Map, which shall be known as the Honeycombs Wilderness . (W) Wild horse basin wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 18,381 acres, as generally depicted on the Map, which shall be known as the Wild Horse Basin Wilderness . (X) Quartz mountain wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 32,781 acres, as generally depicted on the Map, which shall be known as the Quartz Mountain Wilderness . (Y) The tongue wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 6,800 acres, as generally depicted on the Map, which shall be known as The Tongue Wilderness . (Z) Burnt mountain wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 8,109 acres, as generally depicted on the Map, which shall be known as the Burnt Mountain Wilderness . (AA) Cottonwood creek wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 77,828 acres, as generally depicted on the Map, which shall be known as the Cottonwood Creek Wilderness . (BB) Castle rock wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 6,151 acres, as generally depicted on the Map, which shall be known as the Castle Rock Wilderness . (CC) West fork bendire wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 10,519 acres, as generally depicted on the Map, which shall be known as the West Fork Bendire Wilderness . (DD) Beaver dam creek wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 19,080 acres, as generally depicted on the Map, which shall be known as the Beaver Dam Creek Wilderness . (2) Maps and legal descriptions (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a map and legal description of each wilderness area. (B) Effect Each map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map or legal description. (C) Public availability The maps and legal descriptions prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau. (3) Management (A) In general Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with— (i) this subsection; (ii) the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (I) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (II) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary; and (iii) section 6340 of the Bureau of Land Management Manual (Management of Designated Wilderness Areas) (as in effect on the date of enactment of this Act). (B) Grazing The Secretary shall allow the continuation of the grazing of livestock in the wilderness areas, if established before the date of enactment of this Act, in accordance with— (i) this Act; (ii) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); (iii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. 18 Rept. 101–405); and (iv) any other Federal law that applies to livestock grazing on Federal public land. (C) Fire management and related activities (i) In general The Secretary may carry out any activities in the wilderness areas that the Secretary determines to be necessary for the control of fire, insects, and diseases, in accordance with— (I) this Act; (II) section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ); and (III) the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98–40). (ii) Inclusions Authorized activities under clause (i) shall include the use of mechanical treatments in the wilderness areas by first responders. (D) Invasive species management and related activities In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the Secretary may carry out any activities in the wilderness areas that the Secretary determines to be necessary for the control and manipulation of invasive species, including— (i) the use of nonnative species in areas in which native species cannot be grown to adequately compete with nonnative species; and (ii) the manipulation of vegetation, including through chemical, biological, and mechanical means— (I) to control nonnative species; or (II) as part of restoration activities, if natural processes alone cannot recover the ecological health of an area, as determined by the Secretary. (E) Maintenance of livestock structures The Secretary may carry out any activities in the wilderness areas that the Secretary determines to be necessary for the maintenance of structures and installations used for livestock management in existence on the date of enactment of this Act, in accordance with— (i) section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ); and (ii) the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98–40). (F) Setback for roads adjacent to wilderness areas The Secretary may determine, in accordance with an applicable travel management plan for the Federal land adopted not later than 1 year after the date of enactment of this Act and section 6340 of the Bureau of Land Management Manual (Management of Designated Wilderness Areas) (as in effect on the date of enactment of this Act), that the boundary of a wilderness area adjacent to a road may be up to 300 feet from the centerline of a road if— (i) the setback is determined by the Secretary to be appropriate for the use of the Federal land; and (ii) no existing boundary road will be closed. (c) Management of land under the multiple-Use mandate of the Bureau of Land Management (1) Release of wilderness study area (A) Finding Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), any portion of the Federal land designated as a wilderness study area as of the date of enactment of this Act and identified as Proposed for Release from Protection under Wilderness Study Area (WSA) Designation or from Priority Protection of Lands with Wilderness Characteristics (LWC) on the Map that is not designated as wilderness by subsection (b)(1) has been adequately studied for wilderness designation. (B) Release Except as provided in paragraph (2), the land described in subparagraph (A)— (i) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (ii) shall be managed in accordance with— (I) this Act; and (II) the applicable land use plans adopted under section 202 of that Act ( 43 U.S.C. 1712 ). (2) Management of certain land with wilderness characteristics Any portion of the Federal land described in paragraph (1)(A) that was previously found to be lands with wilderness characteristics, as determined by the Secretary, that is not designated as wilderness under this Act, shall be managed by the Secretary in accordance with the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ). (d) Wild and scenic river designations (1) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (231) Owyhee river, oregon The approximately 14.7-mile segment of the Owyhee River from the base of Owyhee Dam in sec. 18, T. 22 S., R. 45 E., downstream to W 1/4 SW 1/4 sec. 13, T. 21 S., R. 45 E., to be administered by the Secretary of the Interior as a recreational river. . (2) Management (A) In general The Secretary shall manage the covered segment in accordance with section 6400 of the Bureau of Land Management Manual (Wild and Scenic Rivers) (as in effect on the date of enactment of this Act). (B) Livestock grazing (i) In general The Secretary shall manage domestic livestock grazing in the vicinity of the covered segment in a manner that protects the identified values of the covered segment, including maintaining existing structures used for livestock management. (ii) New structures To maintain the identified values of the covered segment, the Secretary shall ensure that any structures constructed after the date of enactment of this Act to facilitate livestock management in the vicinity of the covered segment are unobtrusive, as determined by the Secretary. (C) Invasive Species Management (i) In general In administering the covered segment, the Secretary shall carry out any activities that the Secretary determines to be necessary to prevent or control the spread of terrestrial invasive species and aquatic invasive species, consistent with the applicable land use plan and applicable law, including using manual and chemical prevention and control methods, in accordance with— (I) the applicable land use plan; (II) section 9011 of the Bureau of Land Management Manual (Chemical Pest Control) (as in effect on the date of enactment of this Act); (III) section 9014 of the Bureau of Land Management Manual (Control Use of Biological Control Agents on Public Lands) (as in effect on the date of enactment of this Act); (IV) section 9015 of the Bureau of Land Management (Integrated Weed Management) (as in effect on the date of enactment of this Act); (V) section H–1740–2 of the Bureau of Land Management Handbook (as in effect on the date of enactment of this Act); and (VI) any applicable Federal law. (ii) Required evaluation Before using a chemical prevention or control method authorized under clause (i), the Secretary shall carefully evaluate the proposed use to ensure that the proposed use would not adversely affect water quality and the identified values of the covered segment. (3) Withdrawal and use (A) Withdrawal Subject to valid existing rights, all Federal land within a covered segment is withdrawn from— (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (B) Water rights Nothing in this subsection or an amendment made by this subsection affects— (i) valid existing water rights; or (ii) existing rights to access water from the river segment, if the access does not permanently impede the qualities for which the covered segment was designated. (C) Water resources The Secretary shall authorize the continued use and maintenance of diversions and water infrastructure in or adjacent to the covered segments as of the date of enactment of this Act, in accordance with section 6400 of the Bureau of Land Management Manual (Wild and Scenic Rivers–Policy and Program Direction for Identification, Evaluation, Planning, and Management) (as in effect on the date of enactment of this Act). (e) Mineral withdrawals Subject to valid existing rights, the approximately 12,426.43 acres of Federal land known as the Leslie Gulch Area of Critical Environmental Concern , as described in the public land order entitled Public Land Order No. 7412; Withdrawal for Leslie Gulch Area of Critical Environmental Concern; Oregon (64 Fed. Reg. 51553 (September 23, 1999)), is permanently withdrawn from— (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 6. Economic development (a) Loop roads requirements (1) In general The Secretary, in coordination with the County, shall work with Travel Oregon to establish requirements for the loop roads. (2) Owyhee Dam Road (A) Safety upgrades (i) In general The Secretary shall seek to enter into an arrangement with the County to fund safety upgrades, in accordance with County road standards, to the Owyhee Dam Road to ensure access to the recreational opportunities of the Owyhee Reservoir, including improved signage and surfacing. (ii) Deadline for upgrades Any upgrades carried out with funds provided under clause (i) shall be completed not later than 1 year after the date of enactment of this Act. (iii) Compliance with standards If the County receives any funds provided under this subparagraph, the County shall ensure that, not later than 1 year after the date of enactment of this Act, the Owyhee Dam Road is in compliance with County and County road district standards. (B) Fees and tolls (i) In general As soon as practicable after the date on which requirements for the Owyhee Dam Road are established under paragraph (1) and notwithstanding the terms of the right-of-way easement between the County and the Bureau dated April 20, 1988, and recorded in the County deed records as instrument number 88–17855, the County may collect fees or tolls for the use of the road. (ii) Use of fees or tolls Any fees or tolls collected under clause (i) shall be used for road improvements by the County. (C) Authorization of appropriations In addition to amounts made available under subsection (f)(1), there is authorized to be appropriated to the Secretary to carry out subparagraph (A) $6,000,000. (3) Succor Creek Scenic Loop The Secretary shall work with the County on a plan to improve the Succor Creek Scenic Loop, as generally depicted on the map entitled Lake Owyhee, Succor Creek, Birch Creek, and Three Forks Scenic Loops and dated November 6, 2019, to accommodate visitors and residents. (4) Birch Creek Scenic Loop The Secretary shall work with the County on a plan to improve the Birch Creek Scenic Loop, as generally depicted on the map entitled Lake Owyhee, Succor Creek, Birch Creek, and Three Forks Scenic Loops and dated November 6, 2019, to accommodate visitors and residents. (5) Three Forks Scenic Loop The Secretary shall work with the County on a plan to improve the Three Forks Scenic Loop, as generally depicted on the map entitled Lake Owyhee, Succor Creek, Birch Creek, and Three Forks Scenic Loops and dated November 6, 2019— (A) to accommodate visitors and residents; and (B) to provide a connection to the Idaho Scenic Byway. (b) Improvements to State parks and other amenities Not later than 180 days after the date of enactment of this Act— (1) the Commissioner, in coordination with the Owyhee Irrigation District, shall work with Travel Oregon or the Oregon Parks and Recreation Department, as appropriate— (A) to carry out a feasibility study relating to the establishment of not more than 2 marinas on the Owyhee Reservoir; (B) to carry out a feasibility study relating to the establishment of a paddle bar on the Owyhee Reservoir; (C) to carry out improvements to existing Oregon State Parks bordering the Owyhee Reservoir; (D) to establish a network of hostelries in the County using former hotels and bunkhouses that are not in use; (E) to carry out improvements to private camps on the shore of the Owyhee Reservoir; and (F) to establish a dude ranch at Birch Creek; and (2) the Secretary shall work with the County to carry out a feasibility study on the rails-to-trails project known as Rails to Trails: The Oregon Eastern Branch/The Oregon and Northwestern Railroad . (c) Gateway to the Oregon Owyhee Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with Travel Oregon, shall complete a feasibility study on how best to market communities or sections of the County as the Gateway to the Oregon Owyhee . (d) Jordan Valley Airstrip improvements To support firefighting efforts (1) In general The Secretary shall work with firefighting entities in the County to determine— (A) the need for the use of the Jordan Valley Airstrip to support firefighting efforts; and (B) the conditions under which the Jordan Valley Airstrip may be used to support firefighting efforts. (2) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Malheur CEO Group a report on the need and conditions described in subparagraphs (A) and (B) of paragraph (1), including any ways in which to meet those conditions. (e) Native Seed Center (1) Establishment (A) In general Not later than 180 days after the date of enactment of this Act, the Native Seed Center Establishment Group shall establish a center, to be known as the Native Seed Center , to serve as the primary native seed repository of the Federal Government in the Western States. (B) Native Seed Center Establishment Group (i) Establishment of group Not later than 1 year after the date of enactment of this Act, the Administrator of the Agricultural Resource Service shall enter into a memorandum of understanding with the partners described in clause (ii) to establish a group, to be known as the Native Seed Center Establishment Group , to establish and operate the Center. (ii) Partners described The partners referred to in clause (i) are— (I) the Administrator of the Farm Service Agency; (II) Oregon State University; (III) Treasure Valley Community College; (IV) the Malheur County Weeds Department Inspector; and (V) local agricultural producers in the County. (2) Purpose The Center shall— (A) serve as a repository of native seeds deposited with the Center; (B) develop methods to improve the growth of native seeds; (C) give priority to the production of species of plants, as seeds and seedlings, that— (i) are of heightened cultural significance to the Burns Paiute Tribe; and (ii) are locally adapted; and (D) pursuant to the contract described in paragraph (3), provide native seeds for use on all rangeland managed by the Bureau. (3) Contract (A) In general Not later than 180 days after the establishment of the Center under paragraph (1), the Center shall enter into a contract with the Bureau, seed growers, ranchers in the County, and the Burns Paiute Tribe to provide native seeds for use on all rangeland managed by the Bureau. (B) Requirement The contract under subparagraph (A) shall— (i) include the use of technologies such as biochar to improve seed germination rates; and (ii) guarantee prices and availability for ranchers and members of the Burns Paiute Tribe who use rangeland managed by the Bureau. (f) Authorization of appropriations There are authorized to be appropriated— (1) to the Secretary— (A) to carry out subsection (a), $10,000,000 for each of fiscal years 2023 through 2033; (B) to carry out subsection (b)(2), $10,000,000 for each of fiscal years 2023 through 2033; (C) to carry out subsection (c), $10,000,000 for each of fiscal years 2023 through 2033; and (D) to carry out subsection (d), $10,000,000 for each of fiscal years 2023 through 2033; (2) to the Commissioner— (A) to carry out subsection (b)(1)(A), $10,000,000 for each of fiscal years 2023 through 2033; (B) to carry out subsection (b)(1)(B), $10,000,000 for each of fiscal years 2023 through 2033; (C) to carry out subsection (b)(1)(C), $10,000,000 for each of fiscal years 2023 through 2033; (D) to carry out subsection (b)(1)(D), $10,000,000 for each of fiscal years 2023 through 2033; (E) to carry out subsection (b)(1)(E), $10,000,000 for each of fiscal years 2023 through 2033; and (F) to carry out subsection (b)(1)(F), $10,000,000 for each of fiscal years 2023 through 2033; and (3) to the Administrator of the Agricultural Resource Service, for the establishment and operation of the Center, $10,000,000 for each of fiscal years 2023 through 2033. 7. Land conveyance to Burns Paiute Tribe (a) Conveyance and taking into trust As soon as practicable after the date of enactment of this Act, the Secretary shall— (1) transfer to the Burns Paiute Tribe all right, title, and interest in and to the land in the State of Oregon described in subsection (b); and (2) take that land into trust for the benefit of the Burns Paiute Tribe. (b) Description of land The land referred to in subsection (a)(1) is the following, as depicted on the map entitled Malheur Reservation Paiute Indian Tribe Grant, Malheur, and Harney Counties, Oregon and dated March 15, 1958: (1) Jonesboro Ranch The parcel commonly known as Jonesboro Ranch , located approximately 6 miles east of Juntura, Oregon, consisting of 21,548 acres of Federal land, 208 acres of land of the State of Oregon, and 4,552 acres of private land, containing the pastures referred to as Saddle Horse , Trail Horse , Indian Creek , Sperry Creek , Antelope Swale , Horse Camp , Dinner Creek , and Tim's Peak , and more particularly described as follows: (A) T. 21 S., R. 39 E. (B) T. 21 S., R. 40 E. (C) T. 22 S., R. 39 E. (D) T. 21 S., R. 40 E. (2) Castle Rock Wilderness Study Area The parcel commonly known as the Castle Rock Wilderness Study Area and more particularly described as follows: (A) T. 18 S., R. 37 E., secs. 5, 8, 9, 16, and 17. (B) T. 18. S., R. 37 E., the W½ and S½ of sec. 4 (except for any portion of private land). (C) T. 18 S., R. 37 E., the W½ of sec. 15. (D) T. 18 S., R. 37 E., sec. 10. (E) The SW¼ of the SW¼ of sec. 10. (F) The NW¼ of the SW¼ of sec. 10. (G) The SW¼ of the NW ¼ of sec. 10. (H) The NW¼ of the NW¼ of the NW¼ of sec. 10. (I) The SW¼ of the NW¼ of the NW¼ of sec. 10. (J) The NW¼ of the SW¼ of the NW¼ of sec. 10. (K) The SW¼ of the SW¼ of the NW¼ of sec. 10. (L) T. 18 S., R. 37 E., sec. 3. (M) The SW¼ of the SW¼ of the SW¼ of sec. 3. | https://www.govinfo.gov/content/pkg/BILLS-117s4752is/xml/BILLS-117s4752is.xml |
117-s-4753 | II 117th CONGRESS 2d Session S. 4753 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Scott of South Carolina (for himself, Mr. Scott of Florida , Mr. Tuberville , Mr. Tillis , Mr. Rubio , Mr. Cramer , Ms. Lummis , Mrs. Blackburn , Mr. Crapo , Mr. Cassidy , and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To allow the use of unspent educational funds under the American Rescue Plan Act of 2021 to address pandemic learning loss through Child Opportunity Scholarships.
1. Short title This Act may be cited as the Raising Expectations with Child Opportunity Vouchers for Educational Recovery Act or the RECOVER Act . 2. Use of unobligated American Rescue Plan Act funds for Child Opportunity Scholarships Section 2001 of the American Rescue Plan Act of 2021 ( 20 U.S.C. 3401 note) is amended— (1) in subsection (e)(1)— (A) by striking through the implementation of and inserting through— (A) the implementation of ; (B) in subparagraph (A), as designated by subparagraph (A) of this paragraph, by striking ; and and inserting ; or ; and (C) by inserting after subparagraph (A), as designated by subparagraph (A) of this paragraph, the following: (B) the distribution of Child Opportunity Scholarships; and ; (2) in subsection (f)— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding after paragraph (4) the following: (5) may use any remaining amounts to distribute Child Opportunity Scholarships. ; and (3) in subsection (h)— (A) by redesignating paragraphs (2) and (3) as paragraphs (4) and (6), respectively; (B) by inserting after paragraph (1) the following: (2) the term Child Opportunity Scholarship means direct financial assistance to the parent or guardian of an eligible student for a qualified educational expense in an amount reasonably commensurate to the negative educational impact intended to be addressed; (3) the term eligible student means a child who is a member of a household with an income which is not greater than 300 percent of the Federal poverty level; ; (C) in paragraph (4), as redesignated by subparagraph (A), by striking and after the semicolon; and (D) by inserting after paragraph (4), as redesignated by subparagraph (A), the following: (5) the term qualified educational expense includes tutoring or educational classes outside the home, curriculum and curricular materials, books or instructional materials, technological education materials, online educational materials, private school tuition, testing fees, diagnostic tools, and educational therapies for students with disabilities; and . | https://www.govinfo.gov/content/pkg/BILLS-117s4753is/xml/BILLS-117s4753is.xml |
117-s-4754 | II 117th CONGRESS 2d Session S. 4754 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to conduct a study and submit a report on national resource adequacy, and for other purposes.
1. Study and report on national resource adequacy (a) Definitions In this section: (1) Resource adequacy The term resource adequacy means the ability of supply side and demand-side resources to meet aggregate electricity demand (including losses). (2) Secretary The term Secretary means the Secretary of Energy. (b) Study The Secretary shall conduct a comprehensive study on national resource adequacy to determine— (1) how recent retirements of baseload electric generation have affected the regional firm capacity available for all regional electric grids; (2) the effects that planned retirements of baseload electric generation and the increased need for peaking capacity have or would have on energy shortfalls; (3) how the variable nature of certain sources of energy production and forecasting errors may impact resource adequacy and capacity accreditation; (4) (A) a range of potential future electricity demand trajectories that captures the uncertainty represented by a changing climate, decarbonization, and macroeconomic factors; and (B) whether that future electricity demand requires increasing firm capacity or interregional transmission to load match with regional peak power demand during all hours of the year; and (5) the extent to which variable generation technologies in concert with other technical and nontechnical solutions can provide adequate capacity to meet a range of potential future electricity demand trajectories. (c) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the study conducted under subsection (b), including recommendations for Congress to ensure that the United States maintains necessary resource adequacy to meet forecasted demand. | https://www.govinfo.gov/content/pkg/BILLS-117s4754is/xml/BILLS-117s4754is.xml |
117-s-4755 | II 117th CONGRESS 2d Session S. 4755 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Thune introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Land Policy and Management Act of 1976 to ensure that ranchers who have grazing agreements on national grasslands are treated the same as permittees on other Federal land.
1. Eligibility of national grasslands for grazing leases and permits (a) In general Section 402(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752(a) ) is amended by striking lands within National Forests and inserting National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )) land . (b) Effect Nothing in the amendment made by subsection (a) modifies or affects— (1) the applicability to national grasslands of any provision of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) other than section 402 of that Act ( 43 U.S.C. 1752 ); (2) title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ); or (3) section 11 of the Public Rangelands Improvement Act of 1978 ( 43 U.S.C. 1907 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4755is/xml/BILLS-117s4755is.xml |
117-s-4756 | II 117th CONGRESS 2d Session S. 4756 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the disclosures of foreign gifts under the Higher Education Act of 1965 to provide special rules relating to China-affiliated organizations.
1. Short title This Act may be cited as the Preventing Malign Chinese Influence on Academic Institutions . 2. Disclosures of foreign gifts Section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) is amended— (1) in subsection (a), by striking Whenever and inserting Except as provided in subsection (d), whenever ; (2) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (3) by inserting after subsection (c) the following: (d) Special rules relating to China-Affiliated organizations (1) Enhanced disclosures of gifts and contracts (A) In general Whenever any institution receives a gift from or enters into a contract with a China-affiliated organization, the value of which is $5,000 or more, considered alone or in combination with all other gifts from or contracts with that organization within a calendar year, the institution shall file a disclosure report with the Secretary on January 31 or July 31, whichever is sooner. (B) Contents of report Each report under subparagraph (A) shall include— (i) the information described in subsections (b) and (c) (as applicable); (ii) the full legal name of the individual or organization that made the gift or entered into the contract to which the disclosure pertains; and (iii) instructions for accessing the information made available under paragraph (3). (2) Disclosure of joint activities On an annual basis, any institution that receives funds under a Federal grant program shall file a disclosure report with the Secretary that identifies any activities conducted pursuant to a contract or other agreement between the institution and a China-affiliated organization, including any joint research or academic exchanges. (3) Public availability of agreements Each institution shall make available, on a publicly accessible website of the institution, the full text of any contract, agreement, or memorandum of understanding between the institution and a China-affiliated organization (regardless of whether the contract, agreement, or memorandum remains in effect). ; and (4) in subsection (i), as so redesignated— (A) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and (B) by inserting before paragraph (2) the following: (1) the term China-affiliated organization means any entity that receives support directly or indirectly from the Government of the People’s Republic of China, including— (A) a cultural, language, or educational institute or program; (B) a think tank that has received more than $100,000 in one calendar year or more than 10 percent of the total funding for such think tank for that year, whichever is less, from the Chinese Communist Party or individuals affiliated with the Chinese Communist Party; (C) a person who is a current member of the Chinese Communist Party or otherwise active in collaborating with the Chinese Government as an employee or advisor; (D) a Chinese State-owned enterprise or partially or wholly owned subsidiary of a Chinese State-owned enterprise; and (E) a company, think tank, nonprofit, or other similar entity, which has on its board of directors or with equity ownership or voting control in excess of 5 percent any members of the Chinese Communist Party or executives of a Chinese State-owned enterprise, including the president, vice president, or any other officer who performs a policy making function or any other person who performs similar policy making functions for such enterprise, including an executive officer of a subsidiary of such enterprise who performs such policy making functions. . | https://www.govinfo.gov/content/pkg/BILLS-117s4756is/xml/BILLS-117s4756is.xml |
117-s-4757 | II 117th CONGRESS 2d Session S. 4757 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Scott of Florida (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 amend the Securities Exchange Act of 1934 to require national securities exchanges to identify issuers that are consolidated variable interest entities, and for other purposes.
1. Short title This Act may be cited as the Trading and Investing with Clear Knowledge and Expectations about Risk Act or the TICKER Act . 2. Sense of Congress It is the sense of Congress that— (1) variable interest entities based in foreign jurisdictions, including the People’s Republic of China, pose a specific and significant risk to investors in the United States, including because investors that purchase shares of those entities— (A) have no equity or direct ownership interest; and (B) lack legal recourse; and (2) investors in the United States should more clearly be made aware of the risk described in paragraph (1) in a transparent, easily accessible, and standardized manner that is recognizable to all persons that have invested, or seek to invest, in entities that are described in that paragraph and are listed on exchanges in the United States, such as through clearly visible warning indicators on ticker symbols and other company symbols used by those exchanges. 3. Identification of risk with respect to certain entities (a) Definitions In this section— (1) the terms broker , dealer , exchange , 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 Commission means the Securities and Exchange Commission; (3) the term covered entity means a consolidated variable interest entity; (4) the term national securities exchange means an exchange that is registered as a national securities exchange pursuant to section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ), as amended by subsection (b) of this section; and (5) the term variable interest entity has the meaning given the term under generally accepted accounting principles. (b) Requirements (1) National securities exchanges (A) In general Section 6(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f(b) ) is amended by adding at the end the following: (11) (A) In this paragraph, the term covered entity has the meaning given the term in section 3(a) of the Trading and Investing with Clear Knowledge and Expectations about Risk Act . (B) The rules of the exchange require the identification of each covered entity, the securities of which are listed on the exchange, as a covered entity in the symbol for the covered entity used on the exchange. . (B) Effective date; applicability The amendment made by subparagraph (A) shall— (i) take effect on the date that is 180 days after the date of enactment of this Act; and (ii) apply with respect to a covered entity, the securities of which are listed on a national securities exchange on or after the date described in clause (i). (2) Brokers and dealers Beginning not later than 180 days after the date of enactment of this Act, the Commission shall require brokers and dealers to provide warnings to investors investing in covered entities that those investors may lack legal recourse with respect to such an investment. | https://www.govinfo.gov/content/pkg/BILLS-117s4757is/xml/BILLS-117s4757is.xml |
117-s-4758 | II 117th CONGRESS 2d Session S. 4758 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for enhanced domestic content requirements in Federal procurement, and for other purposes.
1. Short title This Act may be cited as the Returning American Manufacturing Potential Act or RAMP Act . 2. Enhanced domestic content requirement (a) In general Except as provided in subsection (b), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of such component articles, materials, or supplies— (1) supplied not later than the date of the enactment of this Act, exceeds 60 percent of cost of the manufactured articles, materials, or supplies procured; (2) supplied during the period beginning January 1, 2024, and ending December 31, 2028, exceeds 65 percent of the cost of the manufactured articles, materials, or supplies; and (3) supplied on or after January 1, 2029, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies. (b) Exclusion for certain manufactured articles Subsection (a) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel. (c) Rulemaking (1) In general Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if— (A) the application of subsection (a) results in an unreasonable cost; or (B) no offers are submitted to supply manufactured articles, materials, or supplies manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States. (2) Authority to extend 75 percent deadline The amendments to the Federal Acquisition Regulation made pursuant to paragraph (1) shall provide that the Administrator of the General Services Administration may extend the deadline required under subsection (a)(3) by one additional year if the Administrator determines that is it necessary to the national security of the United States. (3) Termination Rules issued under this subsection shall cease to have force or effect on January 1, 2030. 3. Price preferences for critical supply chain items (a) In general Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide for higher price preferences applicable to end products, construction materials, and components determined pursuant to subsection (b) to be critical to United States supply chains. (b) List of critical items (1) In general The Director of the Office of Management and Budget shall establish and maintain a list of end products, construction materials, and components that the Director, in consultation with the heads of relevant agencies, determines are critical to United States supply chains. (2) Public comment The Director of the Office of Management and Budget shall seek public comment on the list maintained under paragraph (1), including by publishing the list in the Federal Register no less often than once every four years. The Director shall also consider any unsolicited recommendations and comments received at any time, provided that such recommendations and comments provide sufficient data and rationale to permit evaluation. 4. Applicability The requirements of this Act shall apply to contracts entered into on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4758is/xml/BILLS-117s4758is.xml |
117-s-4759 | II 117th CONGRESS 2d Session S. 4759 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2023, and for other purposes, namely: I DEPARTMENT OF DEFENSE Military construction, army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, including personnel in the Army Corps of Engineers and other personal services necessary for the purposes of this appropriation, and for construction and operation of facilities in support of the functions of the Commander in Chief, $1,481,665,000, to remain available until September 30, 2027: Provided, That, of this amount, not to exceed $235,491,000 shall be available for study, planning, design, architect and engineer services, and host nation support, as authorized by law, unless the Secretary of the Army determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $624,100,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Army in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military construction, navy and marine corps For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $4,024,314,000, to remain available until September 30, 2027: Provided, That, of this amount, not to exceed $434,524,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $486,980,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Navy and Marine Corps in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military construction, air force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $2,306,796,000, to remain available until September 30, 2027: Provided, That, of this amount, not to exceed $210,934,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Air Force determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $323,840,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Air Force in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Defense-Wide (INCLUDING TRANSFER OF FUNDS) For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $2,514,648,000, to remain available until September 30, 2027: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further, That, of the amount, not to exceed $473,197,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $50,950,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Defense-Wide in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military construction, army national guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $480,638,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $82,555,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Army National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $150,160,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Army National Guard in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military construction, air national guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $242,553,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $43,182,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Air National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $101,170,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Air National Guard in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military construction, army reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $221,878,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $37,829,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Army Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $74,000,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Army Reserve in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military construction, navy reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $30,337,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $2,590,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, air force reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $93,423,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $21,573,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Air Force Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $35,800,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Air Force Reserve in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. North atlantic treaty organization Security investment program For the United States share of the cost of the North Atlantic Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized by section 2806 of title 10, United States Code, and Military Construction Authorization Acts, $210,139,000, to remain available until expended. Department of defense base closure account For deposit into the Department of Defense Base Closure Account, established by section 2906(a) of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 note), $296,687,000, to remain available until September 30, 2027. Family housing construction, army For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $169,339,000, to remain available until September 30, 2027. Family housing operation and maintenance, army For expenses of family housing for the Army for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $436,411,000. Family housing construction, navy and marine corps For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $337,297,000, to remain available until September 30, 2027. Family housing operation and maintenance, navy and marine corps For expenses of family housing for the Navy and Marine Corps for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $368,224,000. Family housing construction, air force For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $232,788,000, to remain available until September 30, 2027. Family housing operation and maintenance, air force For expenses of family housing for the Air Force for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $355,222,000. Family housing operation and maintenance, Defense-Wide For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for operation and maintenance, leasing, and minor construction, as authorized by law, $50,113,000. Department of defense Family housing improvement fund For the Department of Defense Family Housing Improvement Fund, $6,442,000, to remain available until expended, for family housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military family housing and supporting facilities. Department of defense Military unaccompanied housing improvement fund For the Department of Defense Military Unaccompanied Housing Improvement Fund, $494,000, to remain available until expended, for unaccompanied housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military unaccompanied housing and supporting facilities. Administrative provisions 101. None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. 102. Funds made available in this title for construction shall be available for hire of passenger motor vehicles. 103. Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. 104. None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made. 105. None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest. 106. None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction. 107. None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress. 108. None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. 109. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. 110. None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 111. None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Gulf, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. 112. None of the funds made available in this title for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent: Provided further, That this section shall not apply to contract awards for military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor. 113. The Secretary of Defense shall inform the appropriate committees of both Houses of Congress, including the Committees on Appropriations, of plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000. 114. Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress. 115. For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any. 116. Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. (INCLUDING TRANSFER OF FUNDS) 117. Subject to 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in Family Housing accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund; or (2) the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in Military Construction accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund: Provided, That appropriations made available to the Funds shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of subchapter IV of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities. (INCLUDING TRANSFER OF FUNDS) 118. In addition to any other transfer authority available to the Department of Defense, amounts may be transferred from the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 ) to pay for expenses associated with the Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A) . Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the fund to which transferred. 119. Notwithstanding any other provision of law, funds made available in this title for operation and maintenance of family housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer quarters: Provided, That not more than $35,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year. 120. Amounts contained in the Ford Island Improvement Account established by subsection (h) of section 2814 of title 10, United States Code, are appropriated and shall be available until expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section. (INCLUDING TRANSFER OF FUNDS) 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation Foreign Currency Fluctuations, Construction, Defense , to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred. (INCLUDING TRANSFER OF FUNDS) 122. Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R, Volume 3, Chapter 7, of March 2011, as in effect on the date of enactment of this Act. 123. None of the funds made available in this title may be obligated or expended for planning and design and construction of projects at Arlington National Cemetery. 124. For an additional amount for the accounts and in the amounts specified, to remain available until September 30, 2027: Military Construction, Army , $261,040,000; Military Construction, Navy and Marine Corps , $727,387,000; Military Construction, Air Force , $591,700,000; Military Construction, Defense-Wide , $151,000,000; Military Construction, Army National Guard , $54,743,000; Military Construction, Air National Guard , $9,200,000; Military Construction, Army Reserve , $59,600,000; Military Construction, Navy Reserve , $137,300,000; Military Construction, Air Force Reserve , $8,000,000; Family Housing Construction, Army , $292,822,000; and Family Housing Construction, Air Force , $18,800,000: Provided , That such funds may only be obligated to carry out construction and cost to complete projects identified in the respective military department’s unfunded priority list for fiscal year 2023 submitted to Congress: Provided further, That such projects are subject to authorization prior to obligation and expenditure of funds to carry out construction: Provided further, That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section. 125. All amounts appropriated to the Department of Defense—Military Construction, Army , Department of Defense—Military Construction, Navy and Marine Corps , Department of Defense—Military Construction, Air Force , and Department of Defense—Military Construction, Defense-Wide accounts pursuant to the authorization of appropriations in a National Defense Authorization Act specified for fiscal year 2023 in the funding table in section 4601 of that Act shall be immediately available and allotted to contract for the full scope of authorized projects. 126. Notwithstanding section 116 of this Act, funds made available in this Act or any available unobligated balances from prior appropriations Acts may be obligated before October 1, 2024 for fiscal year 2017 and fiscal year 2018 military construction projects for which project authorization has not lapsed or for which authorization is extended for fiscal year 2023 by a National Defense Authorization Act: Provided, That no amounts may be obligated pursuant to this section from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 127. For the purposes of this Act, the term congressional defense committees means the Committees on Armed Services of the House of Representatives and the Senate, the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the Senate, and the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives. 128. For an additional amount for the accounts and in the amounts specified for planning and design, unspecified minor construction, and authorized major construction projects, for construction improvements to Department of Defense laboratory facilities, to remain available until September 30, 2027: Military Construction, Army , $20,000,000; Military Construction, Navy and Marine Corps , $10,000,000; and Military Construction, Air Force , $90,000,000: Provided , That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further, That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. 129. For an additional amount for the accounts and in the amounts specified for planning and design and unspecified minor construction, for improving military installation resilience, to remain available until September 30, 2027: Military Construction, Army , $10,000,000; Military Construction, Navy and Marine Corps , $20,000,000; and Military Construction, Air Force , $10,000,000: Provided , That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further, That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. 130. For an additional amount for Military Construction, Air Force , $100,000,000, to remain available until September 30, 2027, for expenses incurred as a result of natural disasters: Provided , That not later than 60 days after the date of enactment of this Act, the Secretary of the Air Force, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section. 131. For an additional amount for the accounts and in the amounts specified to address cost increases identified subsequent to the fiscal year 2023 budget request for authorized major construction projects included in that request, to remain available until September 30, 2027: Military Construction, Army , $40,000,000; Military Construction, Navy and Marine Corps , $65,000,000; Military Construction, Air Force , $58,000,000; and Military Construction, Defense-Wide , $51,000,000: Provided , That not later than 60 days after the date of enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further, That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. II DEPARTMENT OF VETERANS AFFAIRS Veterans benefits administration COMPENSATION AND PENSIONS (INCLUDING TRANSFER OF FUNDS) For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United States Code; pension benefits to or on behalf of veterans as authorized by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers' retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, $146,778,136,000, which shall become available on October 1, 2023, to remain available until expended: Provided, That not to exceed $21,423,000 of the amount made available for fiscal year 2024 under this heading shall be reimbursed to General Operating Expenses, Veterans Benefits Administration , and Information Technology Systems for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code, the funding source for which is specifically provided as the Compensation and Pensions appropriation: Provided further, That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to Medical Care Collections Fund to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized. READJUSTMENT BENEFITS For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, $8,452,500,000, which shall become available on October 1, 2023, to remain available until expended: Provided, That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide under subsection (a) of section 3104 of title 38, United States Code, other than under paragraphs (1), (2), (5), and (11) of that subsection, shall be charged to this account. VETERANS INSURANCE AND INDEMNITIES For military and naval insurance, national service life insurance, servicemen's indemnities, service-disabled veterans insurance, and veterans mortgage life insurance as authorized by chapters 19 and 21 of title 38, United States Code, $121,126,000, which shall become available on October 1, 2023, to remain available until expended. VETERANS HOUSING BENEFIT PROGRAM FUND For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That, during fiscal year 2023, within the resources available, not to exceed $500,000 in gross obligations for direct loans are authorized for specially adapted housing loans. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $282,361,131. VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT For the cost of direct loans, $7,171, as authorized by chapter 31 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not to exceed $942,330. In addition, for administrative expenses necessary to carry out the direct loan program, $445,698, which may be paid to the appropriation for General Operating Expenses, Veterans Benefits Administration . NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United States Code, $1,400,000. GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of Defense for the cost of overseas employee mail, $3,863,000,000: Provided, That expenses for services and assistance authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, United States Code, that the Secretary of Veterans Affairs determines are necessary to enable entitled veterans: (1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: Provided further, That, of the funds made available under this heading, not to exceed 10 percent shall remain available until September 30, 2024. Veterans health administration MEDICAL SERVICES For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the Department, and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare employees hired under title 38, United States Code, assistance and support services for caregivers as authorized by section 1720G of title 38, United States Code, loan repayments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances authorized by section 322(d) of title 38, United States Code, grants authorized by section 521A of title 38, United States Code, and administrative expenses necessary to carry out sections 322(d) and 521A of title 38, United States Code, and hospital care and medical services authorized by section 1787 of title 38, United States Code; $261,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2022; and, in addition, $74,004,000,000, plus reimbursements, shall become available on October 1, 2023, and shall remain available until September 30, 2024: Provided, That, of the amount made available on October 1, 2023, under this heading, $2,000,000,000 shall remain available until September 30, 2025: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have special needs: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority groups 1 through 6: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans with privately written prescriptions based on requirements established by the Secretary: Provided further, That the implementation of the program described in the previous proviso shall incur no additional cost to the Department of Veterans Affairs: Provided further, That the Secretary of Veterans Affairs shall ensure that sufficient amounts appropriated under this heading for medical supplies and equipment are available for the acquisition of prosthetics designed specifically for female veterans. MEDICAL COMMUNITY CARE For necessary expenses for furnishing health care to individuals pursuant to chapter 17 of title 38, United States Code, at non-Department facilities, $4,300,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2022; and, in addition, $33,000,000,000, plus reimbursements, shall become available on October 1, 2023, and shall remain available until September 30, 2024: Provided, That, of the amount made available on October 1, 2023, under this heading, $2,000,000,000 shall remain available until September 30, 2025. MEDICAL SUPPORT AND COMPLIANCE For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized under chapter 17 of title 38, United States Code, and the Federal Medical Care Recovery Act ( 42 U.S.C. 2651 et seq. ), $1,400,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2022; and, in addition, $12,300,000,000, plus reimbursements, shall become available on October 1, 2023, and shall remain available until September 30, 2024: Provided, That, of the amount made available on October 1, 2023, under this heading, $350,000,000 shall remain available until September 30, 2025. MEDICAL FACILITIES For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary facilities, and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and renovation of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry services; $1,500,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2022; and, in addition, $8,800,000,000, plus reimbursements, shall become available on October 1, 2023, and shall remain available until September 30, 2024: Provided, That, of the amount made available on October 1, 2023, under this heading, $500,000,000 shall remain available until September 30, 2025. MEDICAL AND PROSTHETIC RESEARCH For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by chapter 73 of title 38, United States Code, $916,000,000, plus reimbursements, shall remain available until September 30, 2024: Provided, That the Secretary of Veterans Affairs shall ensure that sufficient amounts appropriated under this heading are available for prosthetic research specifically for female veterans, and for toxic exposure research. National cemetery administration For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in cemeterial operations; hire of passenger motor vehicles; and repair, alteration or improvement of facilities under the jurisdiction of the National Cemetery Administration, $430,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024. Departmental administration GENERAL ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, $425,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024: Provided, That funds provided under this heading may be transferred to General Operating Expenses, Veterans Benefits Administration . BOARD OF VETERANS APPEALS For necessary operating expenses of the Board of Veterans Appeals, $285,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024. INFORMATION TECHNOLOGY SYSTEMS (INCLUDING TRANSFER OF FUNDS) For necessary expenses for information technology systems and telecommunications support, including developmental information systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, $5,782,000,000, plus reimbursements: Provided, That $1,494,230,000 shall be for pay and associated costs, of which not to exceed 3 percent shall remain available until September 30, 2024: Provided further, That $4,145,678,000 shall be for operations and maintenance, of which not to exceed 5 percent shall remain available until September 30, 2024: Provided further, That $142,092,000 shall be for information technology systems development, and shall remain available until September 30, 2024: Provided further, That amounts made available for salaries and expenses, operations and maintenance, and information technology systems development may be transferred among the three subaccounts after the Secretary of Veterans Affairs requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further, That amounts made available for the Information Technology Systems account for development may be transferred among projects or to newly defined projects: Provided further, That no project may be increased or decreased by more than $3,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the transfer and an approval is issued, or absent a response, a period of 30 days has elapsed: Provided further, That the funds made available under this heading for information technology systems development shall be for the projects, and in the amounts, specified under this heading in the explanatory statement accompanying this Act. VETERANS ELECTRONIC HEALTH RECORD For activities related to implementation, preparation, development, interface, management, rollout, and maintenance of a Veterans Electronic Health Record system, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, and salaries and expenses of employees hired under titles 5 and 38, United States Code, $1,759,000,000, to remain available until September 30, 2024: Provided, That the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress quarterly reports detailing obligations, expenditures, and deployment implementation by facility, including any changes from the deployment plan or schedule: Provided further, That the funds provided in this account shall only be available to the Office of the Deputy Secretary, to be administered by that Office: Provided further, That 25 percent of the funds made available under this heading shall not be available until July 1, 2023, and are contingent upon the Secretary of Veterans Affairs (1) being up to date on the quarterly reports on cost, performance metrics, and outcomes as required by the VA Electronic Health Record Transparency Act of 2021 ( Public Law 117–154 ), and (2) providing a report comparing current estimated costs to the revised Life Cycle Cost Estimate and certifying and detailing any changes to the full deployment schedule, no later than 30 days prior to that date to the Committees on Appropriations. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General, to include information technology, in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $273,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024. CONSTRUCTION, MAJOR PROJECTS For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 38, United States Code, not otherwise provided for, including planning, architectural and engineering services, construction management services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, where the estimated cost of a project is more than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, or where funds for a project were made available in a previous major project appropriation, $1,447,890,000, of which $731,722,000 shall remain available until September 30, 2027, and of which $716,168,000 shall remain available until expended, of which $1,500,000 shall be available for seismic improvement projects and seismic program management activities, including for projects that would otherwise be funded by the Construction, Minor Projects, Medical Facilities or National Cemetery Administration accounts: Provided, That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and other capital asset management related activities, including portfolio development and management activities, and planning, cost estimating, and design for major medical facility projects and major medical facility leases and investment strategy studies funded through the advance planning fund and the planning and design activities funded through the design fund, staffing expenses, and funds provided for the purchase, security, and maintenance of land for the National Cemetery Administration through the land acquisition line item, none of the funds made available under this heading shall be used for any project that has not been notified to Congress through the budgetary process or that has not been approved by the Congress through statute, joint resolution, or in the explanatory statement accompanying such Act and presented to the President at the time of enrollment: Provided further, That such sums as may be necessary shall be available to reimburse the General Administration account for payment of salaries and expenses of all Office of Construction and Facilities Management employees to support the full range of capital infrastructure services provided, including minor construction and leasing services: Provided further, That funds made available under this heading for fiscal year 2023, for each approved project shall be obligated: (1) by the awarding of a construction documents contract by September 30, 2023; and (2) by the awarding of a construction contract by September 30, 2024: Provided further, That the Secretary of Veterans Affairs shall promptly submit to the Committees on Appropriations of both Houses of Congress a written report on any approved major construction project for which obligations are not incurred within the time limitations established above: Provided further, That notwithstanding the requirements of section 8104(a) of title 38, United States Code, amounts made available under this heading for seismic improvement projects and seismic program management activities shall be available for the completion of both new and existing seismic projects of the Department. CONSTRUCTION, MINOR PROJECTS For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 38, United States Code, not otherwise provided for, where the estimated cost of a project is equal to or less than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, $626,110,000, of which $563,499,000 shall remain available until September 30, 2027, and of which $62,611,000 shall remain available until expended, along with unobligated balances of previous Construction, Minor Projects appropriations which are hereby made available for any project where the estimated cost is equal to or less than the amount set forth in such section: Provided, That funds made available under this heading shall be for: (1) repairs to any of the nonmedical facilities under the jurisdiction or for the use of the Department which are necessary because of loss or damage caused by any natural disaster or catastrophe; and (2) temporary measures necessary to prevent or to minimize further loss by such causes. GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES For grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as authorized by sections 8131 through 8137 of title 38, United States Code, $150,000,000, to remain available until expended. GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized by section 2408 of title 38, United States Code, $50,000,000, to remain available until expended. Cost of war toxic exposures fund For investment in the delivery of veterans health care associated with exposure to environmental hazards, the expenses incident to the delivery of veterans’ health care and benefits associated with exposure to environmental hazards, and medical and other research relating to exposure to environmental hazards, as authorized by section 324 of title 38, United States Code, $1,400,000,000, to remain available until September 30, 2027: Provided, That not later than 30 days after the date of enactment of this Act, the Secretary of the Department of Veterans Affairs, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading for fiscal year 2023: Provided further, That the Secretary may not obligate, expend, or transfer any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section or absent a response, a period of 30 days has elapsed. Administrative provisions (INCLUDING TRANSFER OF FUNDS) 201. Any appropriation for fiscal year 2023 for Compensation and Pensions , Readjustment Benefits , and Veterans Insurance and Indemnities may be transferred as necessary to any other of the mentioned appropriations: Provided, That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. (INCLUDING TRANSFER OF FUNDS) 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2023, in this or any other Act, under the Medical Services , Medical Community Care , Medical Support and Compliance , and Medical Facilities accounts may be transferred among the accounts: Provided, That any transfers among the Medical Services , Medical Community Care , and Medical Support and Compliance accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress of the amount and purpose of the transfer: Provided further, That any transfers among the Medical Services , Medical Community Care , and Medical Support and Compliance accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further, That any transfers to or from the Medical Facilities account may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. 203. Appropriations available in this title for salaries and expenses shall be available for services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized by sections 5901 through 5902 of title 5, United States Code. 204. No appropriations in this title (except the appropriations for Construction, Major Projects , and Construction, Minor Projects ) shall be available for the purchase of any site for or toward the construction of any new hospital or home. 205. No appropriations in this title shall be available for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. )), unless reimbursement of the cost of such hospitalization or examination is made to the Medical Services account at such rates as may be fixed by the Secretary of Veterans Affairs. 206. Appropriations available in this title for Compensation and Pensions , Readjustment Benefits , and Veterans Insurance and Indemnities shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 2022. 207. Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from Compensation and Pensions . (INCLUDING TRANSFER OF FUNDS) 208. Notwithstanding any other provision of law, during fiscal year 2023, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund under section 1920 of title 38, United States Code, the Veterans' Special Life Insurance Fund under section 1923 of title 38, United States Code, and the United States Government Life Insurance Fund under section 1955 of title 38, United States Code, reimburse the General Operating Expenses, Veterans Benefits Administration and Information Technology Systems accounts for the cost of administration of the insurance programs financed through those accounts: Provided, That reimbursement shall be made only from the surplus earnings accumulated in such an insurance program during fiscal year 2023 that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside: Provided further, That if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year 2023 which is properly allocable to the provision of each such insurance program and to the provision of any total disability income insurance included in that insurance program. 209. Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services shall be available until expended. (INCLUDING TRANSFER OF FUNDS) 210. Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management, Diversity and Inclusion, the Office of Employment Discrimination Complaint Adjudication, and the Alternative Dispute Resolution function within the Office of Human Resources and Administration for all services provided at rates which will recover actual costs but not to exceed $86,481,000 for the Office of Resolution Management, Diversity and Inclusion, $6,812,000 for the Office of Employment Discrimination Complaint Adjudication, and $4,576,000 for the Alternative Dispute Resolution function within the Office of Human Resources and Administration: Provided, That payments may be made in advance for services to be furnished based on estimated costs: Provided further, That amounts received shall be credited to the General Administration and Information Technology Systems accounts for use by the office that provided the service. 211. No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 of title 38, United States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the Secretary of Veterans Affairs, in such form as the Secretary may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That the Secretary may recover, in the same manner as any other debt due the United States, the reasonable charges for such care or services from any person who does not make such disclosure as required: Provided further, That any amounts so recovered for care or services provided in a prior fiscal year may be obligated by the Secretary during the fiscal year in which amounts are received. (INCLUDING TRANSFER OF FUNDS) 212. Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leasing activities (including disposal) may be deposited into the Construction, Major Projects and Construction, Minor Projects accounts and be used for construction (including site acquisition and disposition), alterations, and improvements of any medical facility under the jurisdiction or for the use of the Department of Veterans Affairs. Such sums as realized are in addition to the amount provided for in Construction, Major Projects and Construction, Minor Projects . 213. Amounts made available under Medical Services are available— (1) for furnishing recreational facilities, supplies, and equipment; and (2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department. (INCLUDING TRANSFER OF FUNDS) 214. Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, may be transferred to the Medical Services and Medical Community Care accounts to remain available until expended for the purposes of these accounts. 215. The Secretary of Veterans Affairs may enter into agreements with Federally Qualified Health Centers in the State of Alaska and Indian Tribes and Tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service, to provide healthcare, including behavioral health and dental care, to veterans in rural Alaska. The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary. The term rural Alaska shall mean those lands which are not within the boundaries of the municipality of Anchorage or the Fairbanks North Star Borough. (INCLUDING TRANSFER OF FUNDS) 216. Such sums as may be deposited into the Department of Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 38, United States Code, may be transferred to the Construction, Major Projects and Construction, Minor Projects accounts, to remain available until expended for the purposes of these accounts. 217. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a report on the financial status of the Department of Veterans Affairs for the preceding quarter: Provided, That, at a minimum, the report shall include the direction contained in the paragraph entitled Quarterly reporting , under the heading General Administration in the joint explanatory statement accompanying Public Law 114–223 . (INCLUDING TRANSFER OF FUNDS) 218. Amounts made available under the Medical Services , Medical Community Care , Medical Support and Compliance , Medical Facilities , General Operating Expenses, Veterans Benefits Administration , Board of Veterans Appeals , General Administration , and National Cemetery Administration accounts for fiscal year 2023 may be transferred to or from the Information Technology Systems account: Provided, That such transfers may not result in a more than 10 percent aggregate increase in the total amount made available by this Act for the Information Technology Systems account: Provided further, That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. (INCLUDING TRANSFER OF FUNDS) 219. Of the amounts appropriated to the Department of Veterans Affairs for fiscal year 2023 for Medical Services , Medical Community Care , Medical Support and Compliance , Medical Facilities , Construction, Minor Projects , and Information Technology Systems , up to $330,140,000, plus reimbursements, may be transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress: Provided further, That section 220 of title II of division J of Public Law 117–103 is repealed. (INCLUDING TRANSFER OF FUNDS) 220. Of the amounts appropriated to the Department of Veterans Affairs which become available on October 1, 2023, for Medical Services , Medical Community Care , Medical Support and Compliance , and Medical Facilities , up to $314,825,000, plus reimbursements, may be transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress. (INCLUDING TRANSFER OF FUNDS) 221. Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, for healthcare provided at facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500) shall also be available: (1) for transfer to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571); and (2) for operations of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500): Provided, That, notwithstanding section 1704(b)(3) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2573), amounts transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund shall remain available until expended. (INCLUDING TRANSFER OF FUNDS) 222. Of the amounts available in this title for Medical Services , Medical Community Care , Medical Support and Compliance , and Medical Facilities , a minimum of $15,000,000 shall be transferred to the DOD–VA Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code. 223. None of the funds available to the Department of Veterans Affairs, in this or any other Act, may be used to replace the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and equipment. 224. The Secretary of Veterans Affairs shall notify the Committees on Appropriations of both Houses of Congress of all bid savings in a major construction project that total at least $5,000,000, or 5 percent of the programmed amount of the project, whichever is less: Provided, That such notification shall occur within 14 days of a contract identifying the programmed amount: Provided further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation of such bid savings and shall describe the anticipated use of such savings. 225. None of the funds made available for Construction, Major Projects may be used for a project in excess of the scope specified for that project in the original justification data provided to the Congress as part of the request for appropriations unless the Secretary of Veterans Affairs receives approval from the Committees on Appropriations of both Houses of Congress. 226. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each Veterans Benefits Administration Regional Office: Provided, That, at a minimum, the report shall include the direction contained in the section entitled Disability claims backlog , under the heading General Operating Expenses, Veterans Benefits Administration in the joint explanatory statement accompanying Public Law 114–223 : Provided further, That the report shall also include information on the number of appeals pending at the Veterans Benefits Administration as well as the Board of Veterans Appeals on a quarterly basis. 227. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses of Congress 15 days prior to organizational changes which result in the transfer of 25 or more full-time equivalents from one organizational unit of the Department of Veterans Affairs to another. 228. The Secretary of Veterans Affairs shall provide on a quarterly basis to the Committees on Appropriations of both Houses of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $1,000,000. (INCLUDING TRANSFER OF FUNDS) 229. The Secretary of Veterans Affairs, upon determination that such action is necessary to address needs of the Veterans Health Administration, may transfer to the Medical Services account any discretionary appropriations made available for fiscal year 2023 in this title (except appropriations made to the General Operating Expenses, Veterans Benefits Administration account) or any discretionary unobligated balances within the Department of Veterans Affairs, including those appropriated for fiscal year 2023, that were provided in advance by appropriations Acts: Provided, That transfers shall be made only with the approval of the Office of Management and Budget: Provided further, That the transfer authority provided in this section is in addition to any other transfer authority provided by law: Provided further, That no amounts may be transferred from amounts that were designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That such authority to transfer may not be used unless for higher priority items, based on emergent healthcare requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Provided further, That, upon determination that all or part of the funds transferred from an appropriation are not necessary, such amounts may be transferred back to that appropriation and shall be available for the same purposes as originally appropriated: Provided further, That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request. (INCLUDING TRANSFER OF FUNDS) 230. Amounts made available for the Department of Veterans Affairs for fiscal year 2023, under the Board of Veterans Appeals and the General Operating Expenses, Veterans Benefits Administration accounts may be transferred between such accounts: Provided, That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request. 231. The Secretary of Veterans Affairs may not reprogram funds among major construction projects or programs if such instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations of both Houses of Congress. 232. (a) The Secretary of Veterans Affairs shall ensure that the toll-free suicide hotline under section 1720F(h) of title 38, United States Code— (1) provides to individuals who contact the hotline immediate assistance from a trained professional; and (2) adheres to all requirements of the American Association of Suicidology. (b) (1) None of the funds made available by this Act may be used to enforce or otherwise carry out any Executive action that prohibits the Secretary of Veterans Affairs from appointing an individual to occupy a vacant civil service position, or establishing a new civil service position, at the Department of Veterans Affairs with respect to such a position relating to the hotline specified in subsection (a). (2) In this subsection— (A) the term civil service has the meaning given such term in section 2101(1) of title 5, United States Code; and (B) the term Executive action includes— (i) any Executive order, Presidential memorandum, or other action by the President; and (ii) any agency policy, order, or other directive. (c) (1) The Secretary of Veterans Affairs shall conduct a study on the effectiveness of the hotline specified in subsection (a) during the 5-year period beginning on January 1, 2016, based on an analysis of national suicide data and data collected from such hotline. (2) At a minimum, the study required by paragraph (1) shall— (A) determine the number of veterans who contact the hotline specified in subsection (a) and who receive follow up services from the hotline or mental health services from the Department of Veterans Affairs thereafter; (B) determine the number of veterans who contact the hotline who are not referred to, or do not continue receiving, mental health care who commit suicide; and (C) determine the number of veterans described in subparagraph (A) who commit or attempt suicide. 233. Effective during the period beginning on October 1, 2018, and ending on January 1, 2024, none of the funds made available to the Secretary of Veterans Affairs by this or any other Act may be obligated or expended in contravention of the Veterans Health Administration Clinical Preventive Services Guidance Statement on the Veterans Health Administration’s Screening for Breast Cancer Guidance published on May 10, 2017, as issued by the Veterans Health Administration National Center for Health Promotion and Disease Prevention. 234. (a) Notwithstanding any other provision of law, the amounts appropriated or otherwise made available to the Department of Veterans Affairs for the Medical Services account may be used to provide— (1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran; or (2) adoption reimbursement to a covered veteran. (b) In this section: (1) The term service-connected has the meaning given such term in section 101 of title 38, United States Code. (2) The term covered veteran means a veteran, as such term is defined in section 101 of title 38, United States Code, who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. (3) The term assisted reproductive technology means benefits relating to reproductive assistance provided to a member of the Armed Forces who incurs a serious injury or illness on active duty pursuant to section 1074(c)(4)(A) of title 10, United States Code, as described in the memorandum on the subject of Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/Injured (Category II or III) Active Duty Service Members issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the guidance issued to implement such policy, including any limitations on the amount of such benefits available to such a member except that— (A) the time periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of such memorandum shall not apply; and (B) such term includes embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage. (4) The term adoption reimbursement means reimbursement for the adoption-related expenses for an adoption that is finalized after the date of the enactment of this Act under the same terms as apply under the adoption reimbursement program of the Department of Defense, as authorized in Department of Defense Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction. (c) Amounts made available for the purposes specified in subsection (a) of this section are subject to the requirements for funds contained in section 508 of division H of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ). 235. None of the funds appropriated or otherwise made available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: (1) section 842 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 ( Public Law 109–115 ; 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States Code. 236. Section 842 of Public Law 109–115 shall not apply to conversion of an activity or function of the Veterans Health Administration, Veterans Benefits Administration, or National Cemetery Administration to contractor performance by a business concern that is at least 51 percent owned by one or more Indian Tribes as defined in section 5304(e) of title 25, United States Code, or one or more Native Hawaiian Organizations as defined in section 637(a)(15) of title 15, United States Code. 237. (a) Except as provided in subsection (b), the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Secretary of Labor, shall discontinue using Social Security account numbers to identify individuals in all information systems of the Department of Veterans Affairs as follows: (1) For all veterans submitting to the Secretary of Veterans Affairs new claims for benefits under laws administered by the Secretary, not later than March 23, 2023. (2) For all individuals not described in paragraph (1), not later than March 23, 2026. (b) The Secretary of Veterans Affairs may use a Social Security account number to identify an individual in an information system of the Department of Veterans Affairs if and only if the use of such number is required to obtain information the Secretary requires from an information system that is not under the jurisdiction of the Secretary. (c) The matter in subsections (a) and (b) shall supersede section 238 of Public Law 116–94 . 238. For funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and 2024 for Medical Services , section 239 of division A of Public Law 114–223 shall apply. 239. None of the funds appropriated in this or prior appropriations Acts or otherwise made available to the Department of Veterans Affairs may be used to transfer any amounts from the Filipino Veterans Equity Compensation Fund to any other account within the Department of Veterans Affairs. 240. Of the funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and fiscal year 2024 for Medical Services , funds may be used in each year to carry out and expand the child care program authorized by section 205 of Public Law 111–163 , notwithstanding subsection (e) of such section. 241. None of the funds appropriated or otherwise made available in this title may be used by the Secretary of Veterans Affairs to enter into an agreement related to resolving a dispute or claim with an individual that would restrict in any way the individual from speaking to members of Congress or their staff on any topic not otherwise prohibited from disclosure by Federal law or required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. 242. For funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and 2024, section 258 of division A of Public Law 114–223 shall apply. 243. (a) None of the funds appropriated or otherwise made available by this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede the access of the Inspector General to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to such Inspector General and expressly limits the right of access. (b) A department or agency covered by this section shall provide its Inspector General access to all records, documents, and other materials in a timely manner. (c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Each Inspector General covered by this section shall report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives within 5 calendar days of any failure by any department or agency covered by this section to comply with this requirement. 244. None of the funds made available in this Act may be used in a manner that would increase wait times for veterans who seek care at medical facilities of the Department of Veterans Affairs. 245. None of the funds appropriated or otherwise made available by this Act to the Veterans Health Administration may be used in fiscal year 2023 to convert any program which received specific purpose funds in fiscal year 2022 to a general purpose funded program unless the Secretary of Veterans Affairs submits written notification of any such proposal to the Committees on Appropriations of both Houses of Congress at least 30 days prior to any such action and an approval is issued by the Committees. 246. For funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and 2024, section 248 of division A of Public Law 114–223 shall apply. 247. (a) None of the funds appropriated or otherwise made available by this Act may be used to conduct research commencing on or after October 1, 2019, that uses any canine, feline, or non-human primate unless the Secretary of Veterans Affairs approves such research specifically and in writing pursuant to subsection (b). (b) (1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after October 1, 2019, using canines, felines, or non-human primates if the Secretary determines that— (A) the scientific objectives of the research can only be met by using such canines, felines, or non-human primates; (B) such scientific objectives are directly related to an illness or injury that is combat-related; and (C) the research is consistent with the revised Department of Veterans Affairs canine research policy document dated December 15, 2017, including any subsequent revisions to such document. (2) The Secretary may not delegate the authority under this subsection. (c) If the Secretary approves any new research pursuant to subsection (b), not later than 30 days before the commencement of such research, the Secretary shall submit to the Committees on Appropriations of the Senate and House of Representatives a report describing— (1) the nature of the research to be conducted using canines, felines, or non-human primates; (2) the date on which the Secretary approved the research; (3) the justification for the determination of the Secretary that the scientific objectives of such research could only be met using canines, felines, or non-human primates; (4) the frequency and duration of such research; and (5) the protocols in place to ensure the necessity, safety, and efficacy of the research. (d) Not later than 180 days after the date of the enactment of this Act, and biannually thereafter, the Secretary shall submit to such Committees a report describing— (1) any research being conducted by the Department of Veterans Affairs using canines, felines, or non-human primates as of the date of the submittal of the report; (2) the circumstances under which such research was conducted using canines, felines, or non-human primates; (3) the justification for using canines, felines, or non-human primates to conduct such research; and (4) the protocols in place to ensure the necessity, safety, and efficacy of such research. (e) The Department shall implement a plan under which the Secretary will eliminate or reduce the research conducted using canines, felines, or non-human primates by not later than 5 years after the date of enactment of Public Law 116–94 . 248. (a) The Secretary of Veterans Affairs may use amounts appropriated or otherwise made available in this title to ensure that the ratio of veterans to full-time employment equivalents within any program of rehabilitation conducted under chapter 31 of title 38, United States Code, does not exceed 125 veterans to one full-time employment equivalent. (b) Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the programs of rehabilitation conducted under chapter 31 of title 38, United States Code, including— (1) an assessment of the veteran-to-staff ratio for each such program; and (2) recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each such program. 249. Amounts made available for the Veterans Health Administration, Medical Community Care account in this or any other Act for fiscal years 2023 and 2024 may be used for expenses that would otherwise be payable from the Veterans Choice Fund established by section 802 of the Veterans Access, Choice, and Accountability Act, as amended ( 38 U.S.C. 1701 note). 250. Obligations and expenditures applicable to the Medical Services account in fiscal years 2017 through 2019 for aid to state homes (as authorized by section 1741 of title 38, United States Code) shall remain in the Medical Community Care account for such fiscal years. 251. Of the amounts made available for the Department of Veterans Affairs for fiscal year 2023, in this or any other Act, under the Veterans Health Administration—Medical Services , Veterans Health Administration—Medical Community Care , Veterans Health Administration—Medical Support and Compliance , and Veterans Health Administration—Medical Facilities accounts, $911,119,000 shall be made available for gender-specific care and programmatic efforts to deliver care for women veterans. (RESCISSION OF FUNDS) 252. (a) Any remaining unobligated balances in the Recurring Expenses Transformational Fund established in section 243 of division J of Public Law 114–113 , are hereby rescinded immediately upon enactment of this Act. (b) An amount of additional new budget authority equivalent to the amount rescinded pursuant to subsection (a) is hereby appropriated, to remain available until expended, for facilities infrastructure improvements, including non-recurring maintenance, at existing hospitals and clinics of the Veterans Health Administration, and information technology systems improvements and sustainment, in addition to such other funds as may be available for such purposes, as follows: (1) 85 percent of the additional new budget authority shall be made available for an additional amount for Departmental Administration—Construction, Major Projects ; and (2) 15 percent of the additional new budget authority shall be made available for an additional amount for Departmental Administration—Construction, Minor Projects : Provided , That prior to obligation of any of the funds provided in this subsection, the Secretary of Veterans Affairs must provide a plan for the execution of the funds appropriated in this subsection to the Committees on Appropriations of both Houses of Congress and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. 253. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the status of the Veterans Medical Care and Health Fund , established to execute section 8002 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ): Provided, That, at a minimum, the report shall include an update on obligations by program, project or activity and a plan for expending the remaining funds: Provided further, That the Secretary of Veterans Affairs must submit notification of any plans to reallocate funds from the current apportionment categories of Medical Services , Medical Support and Compliance , Medical Facilities , Medical Community Care , or Medical and Prosthetic Research , including the amount and purpose of each reallocation to the Committees on Appropriations of both Houses of Congress and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. 254. Any amounts transferred to the Secretary and administered by a corporation referred to in section 7364(b) of title 38, United States Code, between October 1, 2017 and September 30, 2018 for purposes of carrying out an order placed with the Department of Veterans Affairs pursuant to section 1535 of title 31, United States Code, that are available for obligation pursuant to section 7364(b)(1) of title 38, United States Code, are to remain available for the liquidation of valid obligations incurred by such corporation during the period of performance of such order, provided that the Secretary of Veterans Affairs determines that such amounts need to remain available for such liquidation. (RESCISSIONS OF FUNDS) 255. Of the unobligated balances available to the Department of Veterans Affairs from prior appropriations Acts, the following funds are hereby rescinded from the following accounts in the amounts specified: Asset and Infrastructure Review , $5,000,000; and Departmental Administration—Veterans Electronic Health Record , $82,174,000: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 256. None of the funds in this or any other Act may be used to close Department of Veterans Affairs hospitals, domiciliaries, or clinics, conduct an environmental assessment, or to diminish healthcare services at existing Veterans Health Administration medical facilities as part of a planned realignment of services until the Secretary provides to the Committees on Appropriations of both Houses of Congress a report including an analysis of how any such planned realignment of services will impact access to care for veterans living in rural or highly rural areas, including travel distances and transportation costs to access a Department medical facility and availability of local specialty and primary care. III RELATED AGENCIES American battle monuments commission SALARIES AND EXPENSES For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one-for-one replacement basis only) and hire of passenger motor vehicles; not to exceed $15,000 for official reception and representation expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $86,800,000, to remain available until expended. FOREIGN CURRENCY FLUCTUATIONS ACCOUNT For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, such sums as may be necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code. United States court of appeals for veterans claims SALARIES AND EXPENSES For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized by sections 7251 through 7298 of title 38, United States Code, $46,900,000: Provided, That $3,385,000 shall be available for the purpose of providing financial assistance as described and in accordance with the process and reporting procedures set forth under this heading in Public Law 102–229 . Department of defense—civil Cemeterial expenses, army SALARIES AND EXPENSES For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery, including the purchase or lease of passenger motor vehicles for replacement on a one-for-one basis only, and not to exceed $2,000 for official reception and representation expenses, $93,400,000, of which not to exceed $15,000,000 shall remain available until September 30, 2025. In addition, such sums as may be necessary for parking maintenance, repairs and replacement, to be derived from the Lease of Department of Defense Real Property for Defense Agencies account. CONSTRUCTION For necessary expenses for planning and design and construction at Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery, $62,500,000, to remain available until expended, of which $2,500,000 shall be for study, planning and design and architect and engineering services for Memorial Avenue improvements project at Arlington National Cemetery; and $60,000,000 shall be for planning and design and construction associated with the Southern Expansion project. Armed forces retirement home TRUST FUND For expenses necessary for the Armed Forces Retirement Home to operate and maintain the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $75,360,000, to remain available until September 30, 2024, of which $7,300,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi: Provided, That of the amounts made available under this heading from funds available in the Armed Forces Retirement Home Trust Fund, $25,000,000 shall be paid from the general fund of the Treasury to the Trust Fund. Major construction For an additional amount for necessary expenses related to design, planning, and construction for renovation of the Sheridan Building at the Armed Forces Retirement Home—Washington, $77,000,000, to remain available until expended, shall be paid from the general fund of the Treasury to the Armed Forces Retirement Home Trust Fund. Administrative provision 301. Amounts deposited into the special account established under 10 U.S.C. 7727 are appropriated and shall be available until expended to support activities at the Army National Military Cemeteries. IV GENERAL PROVISIONS 401. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 402. None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. 403. All departments and agencies funded under this Act are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of E-Commerce technologies and procedures in the conduct of their business practices and public service activities. 404. Unless stated otherwise, all reports and notifications required by this Act shall be submitted to the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. 405. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriations Act. 406. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains confidential or proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 407. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 408. None of the funds made available in this Act may be used by an agency of the executive branch to pay for first-class travel by an employee of the agency in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 409. None of the funds made available in this Act may be used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive Order No. 12989. 410. None of the funds made available by this Act may be used in contravention of section 101(e)(8) of title 10, United States Code. This Act may be cited as the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4759is/xml/BILLS-117s4759is.xml |
117-s-4760 | II 117th CONGRESS 2d Session S. 4760 IN THE SENATE OF THE UNITED STATES August 3, 2022 Ms. Stabenow (for herself, Mr. Boozman , Mr. Booker , and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Commodity Exchange Act to provide the Commodity Futures Trading Commission jurisdiction to oversee the spot digital commodity market, and for other purposes.
1. Short title This Act may be cited as the Digital Commodities Consumer Protection Act of 2022 . 2. Definitions (a) In general Section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ) is amended— (1) by redesignating paragraphs (3) through (15) and paragraphs (16) through (51) as paragraphs (5) through (17) and paragraphs (25) through (60), respectively; (2) by inserting after paragraph (2) the following: (3) Associated person of a digital commodity broker (A) In general The term associated person of a digital commodity broker means a person who is associated with a digital commodity broker as a partner, officer, employee, or agent (or any person occupying a similar status or performing similar functions) in any capacity that involves— (i) the solicitation or acceptance of a digital commodity trade; or (ii) the supervision of any person engaged in the solicitation or acceptance of a digital commodity trade. (B) Exclusion The term associated person of a digital commodity broker does not include any person associated with a digital commodity broker the functions of which are solely clerical or ministerial. (4) Associated person of a digital commodity dealer (A) In general The term associated person of a digital commodity dealer means a person who is associated with a digital commodity dealer as a partner, officer, employee, or agent (or any person occupying a similar status or performing similar functions) in any capacity that involves— (i) the solicitation or acceptance of a digital commodity trade; or (ii) the supervision of any person engaged in the solicitation or acceptance of a digital commodity trade. (B) Exclusion The term associated person of a digital commodity dealer does not include any person associated with a digital commodity dealer the functions of which are solely clerical or ministerial. ; (3) in paragraph (11) (as so redesignated), by striking and frozen concentrated orange juice and inserting frozen concentrated orange juice, and digital commodities, ; (4) in paragraph (12)(A) (as so redesignated)— (A) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (B) by inserting after clause (ii) the following: (iii) digital commodity; ; (5) in paragraph (13)(A)(i) (as so redesignated)— (A) by redesignating subclauses (III) and (IV) as subclauses (IV) and (V), respectively; and (B) by inserting after subclause (II) the following: (III) digital commodity; ; (6) in paragraph (14)(A)(i) (as so redesignated)— (A) in subclause (II), by adding a semicolon at the end; (B) by redesignating subclauses (III) and (IV) as subclauses (IV) and (V), respectively; and (C) by inserting after subclause (II) the following: (III) a digital commodity; ; (7) by inserting after paragraph (17) (as so redesignated) the following: (18) Digital commodity (A) In general The term digital commodity means a fungible digital form of personal property that can be possessed and transferred person-to-person without necessary reliance on an intermediary. (B) Inclusions The term digital commodity includes property commonly known as cryptocurrency or virtual currency, such as Bitcoin and Ether. (C) Exclusions The term digital commodity does not include— (i) an interest in a physical commodity; (ii) a security; (iii) a digital form of currency backed by the full faith and credit of the United States; (iv) except as provided in subparagraph (D), an instrument regulated by the Commission pursuant to any provision of this Act other than section 2(c)(2)(F); or (v) any other instrument that the Commission determines not to be a digital commodity. (D) Exception The exclusion described in subparagraph (C)(iv) shall not apply to a commodity transaction that is subject only to Commission antimanipulation, antifraud, or false reporting authority. (19) Digital commodity broker (A) In general The term digital commodity broker means a person that is engaged, as an identifiable business, in— (i) soliciting or accepting orders on behalf of another person for a digital commodity trade; (ii) accepting digital commodities from another person for the purpose of entering into digital commodity trades; (iii) arranging digital commodity trades on behalf of another person; or (iv) a similar activity, as determined by the Commission. (B) Exclusion The term digital commodity broker does not include a person solely because that person validates digital commodity transactions. (20) Digital commodity custodian (A) In general The term digital commodity custodian means a person that, as an identifiable business, maintains possession, custody, or control over digital commodities on behalf of another person. (B) Exclusions The term digital commodity custodian does not include— (i) an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )); or (ii) an insured credit union (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )). (21) Digital commodity dealer (A) In general The term digital commodity dealer means a person that— (i) has an identifiable business of dealing in a digital commodity as principal for its own account; (ii) makes a market in a digital commodity; (iii) holds itself out as a dealer in a digital commodity; (iv) has as an identifiable business of buying or selling digital commodities for conversion into other digital commodities, currency, or other consideration; (v) has as an identifiable business of accepting digital commodities from another person (referred to in this clause as a depositor ) with an obligation to return the digital commodities, consideration linked to the digital commodities, or both to the depositor; or (vi) engages in a similar activity, as determined by the Commission. (B) Exclusion The term digital commodity dealer does not include a person solely because that person validates digital commodity transactions. (22) Digital commodity platform (A) In general The term digital commodity platform means a person that is 1 or more of the following: (i) A digital commodity broker. (ii) A digital commodity custodian. (iii) A digital commodity dealer. (iv) A digital commodity trading facility. (B) Category The term category , with respect to a digital commodity platform, means 1 or more categories described in clauses (i) through (iv) of subparagraph (A) of that digital commodity platform. (23) Digital commodity trade (A) In general The term digital commodity trade means a purchase or sale of a digital commodity in exchange for— (i) another digital commodity; or (ii) any other consideration. (B) Inclusions The term digital commodity trade includes— (i) an offer to enter into a purchase or sale described in subparagraph (A); and (ii) a loan of a digital commodity, an offer to enter into a loan of a digital commodity, or a similar activity, as determined by the Commission. (C) Exclusion Except as provided in subparagraph (D), the term digital commodity trade excludes a transaction regulated by the Commission pursuant to any provision of this Act except section 2(c)(2)(F). (D) Exception The exclusion described in subparagraph (C) shall not apply to a commodity transaction that is subject only to Commission antimanipulation, antifraud, or false reporting authority. (24) Digital commodity trading facility (A) In general The term digital commodity trading facility means a trading facility that facilitates the execution or trading of digital commodity trades between persons. (B) Exclusion The term digital commodity trading facility does not include a person solely because that person validates digital commodity transactions. ; (8) in paragraph (43) (as so redesignated)— (A) in the paragraph heading, by striking ; member of a derivatives transaction execution facility ; (B) in the matter preceding subparagraph (A), by striking entity or derivatives transaction execution facility, and inserting entity, ; (C) in subparagraph (A), by striking entity and all that follows through the semicolon and inserting entity; ; and (D) in subparagraph (B), by striking entity and all that follows through the period at the end and inserting entity. ; and (9) in paragraph (49) (as so redesignated)— (A) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (B) by inserting after subparagraph (D) the following: (E) a digital commodity trading facility registered under section 5i; . (b) Conforming amendments (1) Section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ) is amended— (A) in paragraph (26)(A) (as redesignated by subsection (a)(1)), in the matter preceding clause (i), by striking (18)(A) and inserting (27)(A) ; and (B) in paragraph (27)(A)(vii)(III)(aa) (as redesignated by subsection (a)(1)), by striking (17)(A) and inserting (26)(A) . (2) Section 4(c)(1)(A)(i)(I) of the Commodity Exchange Act ( 7 U.S.C. 6(c)(1)(A)(i)(I) ) is amended by striking paragraphs (2), (3), (4), (5), and (7), paragraph (18)(A)(vii)(III), paragraphs (23), (24), (31), (32), (38), (39), (41), (42), (46), (47), (48), and (49) of section 1a and inserting paragraphs (2), (5), (6), (7), (9), (27)(A)(vii)(III), (32), (33), (40), (41), (47), (48), (50), (51), (55), (56), (57), and (58) of section 1a . (3) Section 4q(a)(1) of the Commodity Exchange Act ( 7 U.S.C. 6q(a)(1) ) is amended by striking 1a(9) and inserting 1a(11) . (4) Section 4s of the Commodity Exchange Act ( 7 U.S.C. 6s ) is amended— (A) in subsection (f)(1)(D), by striking 1a(47)(A)(v) and inserting 1a(56)(A)(v) ; and (B) in subsection (h)(5)(A)(i), in the matter preceding subclause (I), by striking 1a(18) and inserting 1a(27)(A) . (5) Section 4t(b)(1)(C) of the Commodity Exchange Act ( 7 U.S.C. 6t(b)(1)(C) ) is amended by striking 1a(47)(A)(v)), and inserting 1a(56)(A)(v)), . (6) Section 5 of the Commodity Exchange Act ( 7 U.S.C. 7 ) is amended— (A) in subsection (d)(23), by striking 1a(47)(A)(v) and inserting 1a(56)(A)(v) ; and (B) in subsection (e)(1), by striking 1a(9) and inserting 1a(11) . (7) Section 5b(k)(3)(A) of the Commodity Exchange Act ( 7 U.S.C. 7a–1(k)(3)(A) ) is amended by striking 1a(47)(A)(v)) and inserting 1a(56)(A)(v)) . (8) Section 5c(c)(4)(B) of the Commodity Exchange Act ( 7 U.S.C. 7a–2(c)(4)(B) ) is amended by striking 1a(10) and inserting 1a(11) . (9) Section 5h(f)(10)(A)(iii) of the Commodity Exchange Act ( 7 U.S.C. 7b–3(f)(10)(A)(iii) ) is amended by striking 1a(47)(A)(v) and inserting 1a(56)(A)(v) . (10) Section 21(f)(4)(C) of the Commodity Exchange Act ( 7 U.S.C. 24a(f)(4)(C) ) is amended by striking 1a(48) and inserting 1a(57) . (11) Section 403 of the Legal Certainty for Bank Products Act of 2000 ( 7 U.S.C. 27a ) is amended— (A) in subsection (a)(2), by striking 1a(47)(A)(v) and inserting 1a(56)(A)(v) ; and (B) in subsection (b)(1), by striking 1a(47) and inserting 1a . (12) Section 5(e) of the Securities Act of 1933 ( 15 U.S.C. 77e(e) ) is amended by striking section 1a(18) of the Commodity Exchange Act ( 7 U.S.C. 1a(18) ) and inserting section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ) . (13) Section 3C(g)(3)(A)(v) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c–3(g)(3)(A)(v) ) is amended by striking section 1a(10) of the Commodity Exchange Act; and inserting section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ); . (14) Section 6(g)(5)(B)(i) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f(g)(5)(B)(i) ) is amended— (A) in subclause (I), by striking section 1a(18)(B)(ii) of the Commodity Exchange Act and inserting subparagraph (B)(ii) of section 1a(27) of the Commodity Exchange Act ( 7 U.S.C. 1a(27) ) ; and (B) in subclause (II), by striking such section 1a(18)) and inserting that section) . (15) Section 712(a)(8) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 15 U.S.C. 8302(a)(8) ) is amended by striking section 1a(47)(D) of the Commodity Exchange Act ( 7 U.S.C. 1a(47)(D) ) and inserting section 1a(56)(D) of the Commodity Exchange Act ( 7 U.S.C. 1a(56)(D) ) . (16) Section 752(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 15 U.S.C. 8325(a) ) is amended by striking section 1a(39) of the Commodity Exchange Act), and inserting section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )), . 3. Commission jurisdiction over digital commodity trades Section 2 of the Commodity Exchange Act ( 7 U.S.C. 2 ) is amended— (1) in subsection (a)(1)(A), in the first sentence, by striking section 19 of this Act and inserting subsection (c)(2)(F) or section 19 ; and (2) in subsection (c)(2), by adding at the end the following: (F) Commission jurisdiction over digital commodity trades (i) In general Except as provided in clause (ii), this Act applies to, and the Commission shall have exclusive jurisdiction over, any account, agreement, contract, or transaction involving a digital commodity trade. (ii) Exception Nothing in this Act applies to, and the Commission shall not have jurisdiction over, any digital commodity transaction by a merchant or consumer that uses a digital commodity solely for the purchase or sale of a good or service. (iii) Prohibition on certain trading practices Sections 4b, 4c, and 6(c) shall apply to any digital commodity trade as if the digital commodity trade were a contract of sale of a commodity for future delivery. . 4. Digital commodity platforms The Commodity Exchange Act is amended by inserting after section 5h ( 7 U.S.C. 7b–3 ) the following: 5i. Digital commodity platforms (a) Registration (1) Requirement It shall be unlawful for any person to act as any category of digital commodity platform unless the person is registered under this section as that category of digital commodity platform. (2) Applications A person desiring to register as any category of digital commodity platform shall submit to the Commission an application in such form and containing such information as the Commission may require for the purpose of determining whether the applicant is in compliance with subsection (b) and the other requirements of this Act. (3) Multiple registrations As appropriate to further the purposes of this Act and avoid duplicative or unnecessary requirements, and taking into consideration potential conflicts of interest or other risks, the Commission may prescribe rules or regulations permitting, or may otherwise authorize— (A) registration by a person in more than 1 category of digital commodity platform; (B) a registered entity, a swap dealer, or a futures commission merchant registered under this Act to register under this section in 1 or more categories of digital commodity platform; and (C) exemptions or additional requirements applicable to persons with multiple registrations under this Act. (b) Core principles for digital commodity platforms (1) Compliance with core principles (A) In general To be registered, and maintain registration, as a digital commodity platform, the digital commodity platform shall comply with— (i) the core principles described in this subsection; and (ii) any requirement that the Commission may impose by rule or regulation. (B) Reasonable discretion of digital commodity platform Unless otherwise determined by the Commission by rule or regulation, a digital commodity platform described in subparagraph (A) shall have reasonable discretion in establishing the manner in which the digital commodity platform complies with the core principles described in this subsection. (2) Core principles applicable to digital commodity trading facilities (A) Compliance with rules A digital commodity trading facility shall— (i) establish and enforce compliance with any rule of the digital commodity trading facility, including— (I) the terms and conditions of the transactions in digital commodities traded or processed on or through the digital commodity trading facility; and (II) any limitation on access to the digital commodity trading facility; (ii) establish and enforce trading, trade processing, and participation rules that will deter abuses and have the capacity to detect, investigate, and enforce those rules, including means— (I) to provide market participants with impartial access to the market; and (II) to capture information that may be used in establishing whether rule violations have occurred; and (iii) establish rules governing the operation of the digital commodity trading facility. (B) Digital commodity transactions not readily susceptible to manipulation A digital commodity trading facility shall permit trading only in transactions in digital commodities that are not readily susceptible to manipulation. (C) Monitoring of trading and trade processing (i) Markets and mechanisms (I) In general A digital commodity trading facility shall provide a competitive, open, and efficient market and mechanism for executing transactions that protects the price discovery process of trading on the digital commodity trading facility. (II) Centralized market A digital commodity trading facility shall provide a centralized market for executing transactions. (ii) Protection of markets and market participants A digital commodity trading facility shall establish and enforce rules— (I) to protect markets and market participants from abusive practices committed by any party, including abusive practices committed by a party acting as an agent for a participant; and (II) to promote fair and equitable trading on the digital commodity trading facility. (iii) Procedures and monitoring A digital commodity trading facility shall— (I) establish and enforce rules or terms and conditions defining, or specifications detailing— (aa) trading procedures to be used in entering and executing orders traded on or through the facilities of the digital commodity trading facility; and (bb) procedures for trade processing of digital commodities on or through the facilities of the digital commodity trading facility; and (II) monitor trading in digital commodities to prevent manipulation, price distortion, and disruptions of the delivery or settlement process through surveillance, compliance, and disciplinary practices and procedures, including investigations, sanctions, and methods for conducting real-time monitoring of trading and comprehensive and accurate trade reconstructions. (D) Ability to obtain information A digital commodity trading facility shall— (i) establish and enforce rules that will allow the digital commodity trading facility to obtain any necessary information to perform any of the functions described in this section; (ii) provide the information to the Commission on request; and (iii) have the capacity to carry out such international information-sharing agreements as the Commission may require. (E) Financial integrity of transactions A digital commodity trading facility shall establish and enforce rules and procedures for ensuring the financial integrity of digital commodity trades entered on or through the facilities of the digital commodity trading facility. (F) Emergency authority A digital commodity trading facility shall adopt rules to provide for the exercise of emergency authority, in consultation or cooperation with the Commission, as is necessary and appropriate, including the authority to liquidate or transfer open positions in any digital commodity or to suspend or curtail trading in a digital commodity. (G) Timely publication of trading information (i) In general A digital commodity trading facility shall make public timely information on price, trading volume, and other trading data on digital commodities to the extent prescribed by the Commission. (ii) Capacity of digital commodity trading facility A digital commodity trading facility shall be required to have the capacity to electronically capture and transmit trade information with respect to transactions executed on the digital commodity trading facility. (H) Availability of general information A digital commodity trading facility shall make available to market authorities, market participants, and the public accurate information concerning— (i) the terms and conditions of the contracts for transactions in digital commodities; (ii) the rules and mechanisms for executing digital commodity trades on or through the facilities of the digital commodity trading facility; and (iii) the rules and specifications describing the operation of the electronic matching platform or trade execution facility of the digital commodity trading facility. (I) Disciplinary procedures A digital commodity trading facility shall establish and enforce— (i) disciplinary procedures that authorize the digital commodity trading facility to discipline, suspend, or expel market participants that violate the rules of the digital commodity trading facility; or (ii) similar methods for performing the functions described in clause (i), including delegation to third parties. (J) Dispute resolution A digital commodity trading facility shall establish and enforce rules regarding, and provide facilities for alternative dispute resolution, as appropriate, for, market participants and market intermediaries. (3) Core principles applicable to digital commodity dealers and digital commodity brokers (A) Execution A digital commodity dealer or digital commodity broker— (i) shall establish prices fairly and objectively; (ii) shall disclose the basis for those prices; and (iii) shall not disrupt market functioning or hinder the price discovery process. (B) Daily trading records (i) In general A digital commodity dealer or digital commodity broker shall keep full, complete, and systematic records (including all pertinent data and memoranda) of all transactions relating to its business of dealing or brokerage in digital commodity transactions. (ii) Included communications A digital commodity dealer or digital commodity broker shall keep all oral and written communications provided or received concerning quotes, solicitations, bids, offers, instructions, trading, and prices that lead to the execution of a transaction in a digital commodity. (C) Business conduct standards A digital commodity dealer or digital commodity broker shall conform with such business conduct standards as may be prescribed by the Commission by rule or regulation that relate to— (i) fraud, manipulation, and other abusive practices involving digital commodity trades (including digital commodity trades that are offered but not entered into); (ii) diligent supervision of the business of the digital commodity dealer or digital commodity broker; and (iii) such other matters as the Commission determines to be appropriate. (D) Duties A digital commodity dealer or digital commodity broker shall comply with the following requirements: (i) Risk management procedures The digital commodity dealer or digital commodity broker shall establish robust and professional risk management systems adequate for managing the day-to-day business of the digital commodity dealer or digital commodity broker. (ii) Disclosure of general information The digital commodity dealer or digital commodity broker shall disclose to the Commission, as applicable, information concerning— (I) terms and conditions of its digital commodity trades; (II) trading operations, mechanisms, and practices; (III) financial integrity protections relating to transactions in digital commodity trades; and (IV) other information relevant to its digital commodity trades. (E) Ability to obtain information A digital commodity dealer or digital commodity broker shall— (i) establish and enforce internal systems and procedures to obtain any necessary information to perform any of the functions described in this section; and (ii) provide the information described in clause (i) to the Commission on request. (4) Core principles applicable to all digital commodity platforms (A) Recordkeeping and reporting A digital commodity platform shall— (i) (I) maintain records of all activities relating to the business of the digital commodity platform, including a complete audit trail, in a form and manner acceptable to the Commission for a period of 5 years; and (II) keep the records described in subclause (I) open to inspection by the Commission; (ii) provide to the Commission, in a form and manner acceptable to the Commission, such information as the Commission determines to be necessary or appropriate for the Commission to perform the duties of the Commission under this Act; and (iii) make such reports as are required by the Commission relating to the transactions and positions of the customers of the digital commodity platform. (B) Antitrust considerations Unless necessary or appropriate to achieve the purposes of this Act, a digital commodity platform shall not— (i) adopt any rules or take any actions that result in any unreasonable restraint of trade; or (ii) impose any material anticompetitive burden on trading or custody. (C) Conflicts of interest The Commission shall require conflict of interest systems and procedures that— (i) establish structural and institutional safeguards— (I) to minimize conflicts of interest that might potentially bias the judgment or supervision of a digital commodity platform and contravene the core principles of fair and equitable trading and the business conduct standards described in this Act, including conflicts arising out of transactions or arrangements with affiliates (including affiliates acting as issuers, market-makers, or custodians); and (II) which may include, as the Commission determines to be appropriate, information partitions and the legal separation of different categories of digital commodity platforms; (ii) establish a process for resolving conflicts of interest described in clause (i); (iii) require disclosure by a digital commodity platform of any material incentives or conflicts of interest that the digital commodity platform is unable to resolve; and (iv) address such other issues as the Commission determines to be appropriate. (D) Financial resources (i) In general A digital commodity platform shall have adequate financial, operational, and managerial resources to discharge each responsibility of the digital commodity platform. (ii) Financial resources for margin trading The Commission shall require such additional financial resources as are necessary to enable a digital commodity platform to fulfill obligations of the digital commodity platform arising from margined, leveraged, or financed transactions. (E) System safeguards A digital commodity platform shall— (i) establish and maintain a program of risk analysis and oversight to identify and minimize sources of operational risk (including cybersecurity risk), through the development of appropriate controls and procedures, and automated systems, that— (I) are reliable and secure; and (II) have adequate scalable capacity; (ii) establish and maintain emergency procedures, backup facilities, and a plan for disaster recovery that allow for— (I) the timely recovery and resumption of operations; and (II) the fulfillment of the responsibilities and obligations of the digital commodity platform; and (iii) periodically conduct tests to verify that the backup resources of the digital commodity platform are sufficient to ensure continued— (I) order processing and trade matching; (II) price reporting; (III) market surveillance; and (IV) maintenance of a comprehensive and accurate audit trail. (F) Designation of chief compliance officer (i) In general A digital commodity platform shall designate an individual to serve as a chief compliance officer (referred to in this paragraph as a chief compliance officer ). (ii) Duties A chief compliance officer shall— (I) report directly to the board or to the senior officer of the digital commodity platform; (II) review compliance with the core principles described in this subsection; (III) in consultation with the board of the digital commodity platform, a body performing a function similar to that of a board, or the senior officer of the digital commodity platform, resolve any conflicts of interest that may arise; (IV) be responsible for establishing and administering the policies and procedures required to be established pursuant to this section; (V) ensure compliance with this Act and the rules and regulations issued under this Act, including rules prescribed by the Commission pursuant to this section; and (VI) establish procedures for the remediation of noncompliance issues found during compliance office reviews, look backs, internal or external audit findings, self-reported errors, or through validated complaints. (iii) Requirements for procedures In establishing procedures under clause (ii)(VI), a chief compliance officer shall design the procedures to establish the handling, management response, remediation, retesting, and closing of noncompliance issues. (iv) Annual reports (I) In general In accordance with rules prescribed by the Commission, a chief compliance officer shall annually prepare and sign a report that contains a description of— (aa) the compliance of the digital commodity platform with this Act; and (bb) the policies and procedures, including the code of ethics and conflict of interest policies, of the digital commodity platform. (II) Requirements A chief compliance officer shall— (aa) submit each report described in subclause (I) with the appropriate financial report of the digital commodity platform that is required to be submitted to the Commission pursuant to this section; and (bb) include in the report a certification that, under penalty of law, the report is accurate and complete. (G) Governance; fitness standards (i) Governance arrangements A digital commodity platform shall establish governance arrangements that are transparent to fulfill public interest requirements. (ii) Fitness standards A digital commodity platform shall establish and enforce appropriate fitness standards for— (I) directors; and (II) any entity offering affiliated services for the digital commodity platform. (H) Treatment of customer assets (i) In general A digital commodity platform shall hold customer property (including digital commodities) in a manner that minimizes the risk of loss of, or unreasonable delay in access to, the customer property. (ii) Segregation of funds (I) In general A digital commodity platform shall treat and deal with all customer property that is received by the digital commodity platform as belonging to the customer. (II) Commingling prohibited Customer property described in subclause (I)— (aa) shall be separately accounted for; and (bb) shall not be commingled with the assets of the digital commodity platform. (iii) Exceptions (I) Use of funds Notwithstanding clause (ii), customer property described in that clause may, for convenience, be commingled in the same account or accounts with— (aa) an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )); (bb) an insured credit union (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )); or (cc) a digital commodity platform. (II) Withdrawal Notwithstanding clause (ii), such share of the customer property described in that clause as, in the normal course of business, is necessary to margin, guarantee, secure, transfer, adjust, or settle a digital commodity transaction with a digital commodity platform, or with any customer of a digital commodity platform, may be withdrawn and applied to such purposes lawfully accruing in connection with the digital commodity transaction, including the payment of commissions, taxes, and brokerage, interest, storage, and other charges. (III) Commission action Notwithstanding clause (ii)— (aa) the Commission may adopt rules or regulations permitting the lending of digital commodities by a digital commodity platform holding those digital commodities for customers, subject to such conditions as the Commission may prescribe to protect customers and achieve the purposes of this Act; and (bb) in accordance with such terms and conditions as the Commission may prescribe by rule, regulation, or order, any customer property described in that clause may be commingled and deposited in customer accounts with any other money, securities, or property received by the digital commodity platform and required by the Commission to be separately accounted for, treated, and dealt with as belonging to customers. (iv) Permitted investments (I) In general Customer property described in clause (ii) in the form of money may be invested in— (aa) obligations of the United States; (bb) obligations the principal and interest of which are fully guaranteed by the United States; and (cc) any other investment that the Commission may by rule or regulation prescribe. (II) Rules and conditions Investments under subclause (I) shall be made in accordance with such rules and regulations, and subject to such conditions, as the Commission may prescribe. (v) Prohibition It shall be unlawful for any person, including a digital commodity platform or a depository institution, that has received any customer property for deposit in a separate account or accounts in accordance with clause (ii) to hold, dispose of, or use that customer property as belonging to the depositing digital commodity platform or any person other than the customers of the digital commodity platform. (c) Rules governing margined or leveraged trading The Commission may make, promulgate, and enforce such rules governing margined, leveraged, or financed digital commodity trades on digital commodity platforms as are reasonably necessary to protect the public interest and promote the orderly settlement of transactions. (d) Contract listings, rules, and rule amendments for digital commodity trading facilities (1) In general Subject to the requirements under this subsection, a digital commodity trading facility may— (A) list for trading a contract for a digital commodity; and (B) approve and implement a new rule or rule amendment. (2) Certification from digital commodity trading facility A digital commodity trading facility that elects to carry out an activity described in subparagraph (A) or (B) of paragraph (1) shall, prior to carrying out that activity, provide to the Commission a written certification that the contract, new rule, or rule amendment, as applicable, complies with this Act (including regulations under this Act). (3) Effective date of listing, rule, and rule amendment Subject to paragraph (4), a listing, rule, or rule amendment described in paragraph (1) shall become effective on the date that is— (A) in the case of a listing of a contract that has not previously been listed on any digital commodity trading facility, 30 business days after the date on which the Commission receives the certification (or such shorter period as determined by the Commission by rule or regulation); or (B) in any other case, 10 business days after the date on which the Commission receives the certification (or such shorter period as determined by the Commission by rule or regulation). (4) Stay of certification (A) In general The Commission may stay a certification for a listing, rule, or rule amendment described in paragraph (1) by notifying the digital commodity trading facility that the Commission is staying the certification because there exists— (i) a novel or complex issue that requires additional time to analyze; (ii) an inadequate explanation by the submitting digital commodity trading facility; or (iii) a potential inconsistency with this Act (including regulations under this Act). (B) Duration of stay A stay of certification by the Commission under subparagraph (A) shall be for a period of not more than 90 days, beginning on the date of the notification by the Commission under that subparagraph. (C) Effective date after stay A listing, rule, or rule amendment subject to a stay under subparagraph (A) shall become effective on the expiration of the period described in subparagraph (B), unless the Commission— (i) withdraws the stay prior to that time; or (ii) notifies the digital commodity trading facility during such period that the Commission objects to the proposed certification and disapproves a listing, rule, or rule amendment pursuant to paragraph (5). (D) Public comment The Commission may provide a public comment period of not less than 30 days, within the period in which a stay is in effect under subparagraph (B), whenever the Commission reviews a listing, rule, or rule amendment pursuant to a notification by the Commission under subparagraph (A). (5) Disapproval (A) In general The Commission may disapprove a listing, rule, or rule amendment described in paragraph (1) if the Commission determines that the listing, rule, or rule amendment is inconsistent with this Act (including the considerations in subparagraph (B) and regulations under this Act). (B) Considerations In making a determination described in subparagraph (A) with respect to a listing for a digital commodity, the Commission may consider, among other things— (i) whether the operating structure and system of the digital commodity is secure from cybersecurity threats, including the possibility of material alterations by persons acting collectively; (ii) whether the functionality of the digital commodity will protect holders from operational failures; (iii) with respect to a digital commodity that purports to have a fixed value— (I) an identification and description of the issuer of the digital commodity; (II) the collateral or reserves backing the digital commodity; and (III) the terms by which the issuer will redeem the digital commodity; and (iv) whether the digital commodity and the market for the digital commodity are not readily susceptible to manipulation. (6) Prior approval (A) In general A digital commodity trading facility may request that the Commission grant prior approval to the listing of any new contract for a digital commodity. (B) Deadline If prior approval is requested under subparagraph (A), the Commission shall take final action on the request not later than 90 days after submission of the request, unless the person submitting the request agrees to an extension of the time limitation established under this subparagraph. (C) Disapproval Paragraphs (4) and (5) shall apply to Commission action on a request under this paragraph. (7) Delisting; Revocation After the listing of a contract for a digital commodity has taken effect, the Commission may require the delisting of the contract or disapprove the listing in accordance with paragraph (5). (8) Disclosures (A) In general The Commission shall require a digital commodity trading facility to disclose to the public, on a timely basis, with respect to a listing described in paragraph (1)(A)— (i) the operating structure and system of the digital commodity; and (ii) the trading volume and volatility of the digital commodity. (B) Format The Commission shall prescribe rules and regulations for the standardization and simplification of disclosures under subparagraph (A) and subsection (f)(1)(A), including requiring that disclosures— (i) are conspicuous; (ii) use plain language comprehensible to customers; and (iii) succinctly explain the information that is required to be communicated to the customer. (e) Product listing for digital commodity brokers and digital commodity dealers (1) In general A digital commodity broker and a digital commodity dealer may only trade, or arrange a trade, in a contract for a digital commodity that is not readily susceptible to manipulation. (2) Disclosure, listing, and certification requirements A digital commodity broker and a digital commodity dealer may only trade, or arrange for trading, in digital commodities that have met the requirements of subsection (d) (including the listing and disclosure requirements). (f) Customer protection The Commission shall adopt customer protection requirements that— (1) require disclosure by a digital commodity platform to a customer (other than another digital commodity platform registered under this section) of— (A) information about the material risks and characteristics of any applicable digital commodity contracts; and (B) any material incentives or conflicts of interest that the digital commodity platform may have in connection with any applicable digital commodity contracts; (2) establish a duty for a digital commodity platform to communicate in a fair and balanced manner based on principles of fair dealing and good faith; (3) establish standards governing digital commodity platform marketing and advertising, including testimonials and endorsements; and (4) establish such other standards and requirements as the Commission may determine are— (A) in the public interest; (B) appropriate for the protection of customers; or (C) otherwise in furtherance of the purposes of this Act. (g) Examination and publication of energy consumption in digital commodity markets (1) In general The Commission shall examine, in collaboration with other Federal regulatory agencies as the Commission determines appropriate, the energy consumption and sources of energy used in connection with the creation and transfer of the most widely traded digital commodities. (2) Report Not later than 180 days after the date of enactment of the Digital Commodities Consumer Protection Act of 2022 , the Commission shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report describing— (A) an estimate of the energy consumption and sources of energy used in connection with the creation and transfer of the most widely traded digital commodities; and (B) the methodology used by the Commission to generate the estimate described in subparagraph (A). (3) Publication Using the methodology described in paragraph (2)(B), the Commission shall publish on the website of the Commission, and periodically update on a timely basis, an estimate of the energy consumption and sources of energy used in connection with the creation and transfer of the most widely traded digital commodities. (h) Prohibition on fraud, deception, and manipulation It shall be unlawful for any digital commodity platform to engage in any act, practice, or course of business in connection with its business as a digital commodity platform that is fraudulent, deceptive, or manipulative. (i) Self-Regulation (1) In general A digital commodity broker, digital commodity dealer, or digital commodity custodian shall be a member of a registered futures association, regardless of whether such person is separately registered as a digital commodity trading facility. (2) Delegation of registration functions The Commission may authorize any registered futures association to perform any portion of the registration functions with respect to digital commodity platforms, associated persons of digital commodity brokers, and associated persons of digital commodity dealers— (A) in accordance with rules, notwithstanding any other provision of law, adopted by that registered futures association and submitted to the Commission for approval; and (B) subject to the provisions of this section applicable to registrations granted by the Commission. (j) Dual registration A digital commodity platform registered under this section may also be registered with the Securities and Exchange Commission as an exchange, broker, or dealer (as those terms are defined in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c )) or another trading platform. (k) Fees for registration (1) In general The Commission shall, in accordance with this subsection, assess and collect fees, which shall be used to recover the annual costs of— (A) registering digital commodity platforms; (B) conducting oversight of digital commodity trades; and (C) carrying out education and outreach under subsection (l). (2) Determination of fee rates In determining fee rates under paragraph (1), the Commission shall consider— (A) the volume of business of the digital commodity platform; and (B) the category of the digital commodity platform. (3) Prohibitions (A) Commission The Commission shall not require a digital commodity platform to collect directly from customers a per-transaction fee for each digital commodity trade. (B) Digital commodity platforms A digital commodity platform shall not impose directly on customers a per-transaction fee for each digital commodity trade to pay the fees under paragraph (1). (4) Publication Not later than 60 days after the date of enactment of an Act making a regular appropriation to the Commission for a fiscal year, the Commission shall publish in the Federal Register a notice of— (A) the fee rates determined pursuant to this subsection for that fiscal year; and (B) any estimates or projections on which those fee rates are based. (5) Records and disclosure In carrying out this subsection, the Commission shall not be required to comply with section 553 of title 5, United States Code. (6) No judicial review A fee rate prescribed under this subsection shall not be subject to judicial review. (7) Deposit of fees Fees collected pursuant to this subsection for any fiscal year shall be deposited and credited as offsetting collections to the account providing appropriations to the Commission. (8) Annual adjustment For each fiscal year, the Commission shall, by order, determine fee rates pursuant to this subsection that are reasonably likely to produce aggregate fee collections that are equal to the annual appropriation to the Commission by Congress for activities relating to the registration of digital commodity platforms and the oversight of digital commodity trades. (9) Lapse of appropriation If, on the first day of a fiscal year, a regular appropriation to the Commission has not been enacted, the Commission shall continue to collect (as offsetting collections) fees pursuant to this subsection at each of the rates in effect during the preceding fiscal year. (10) Budget requests The Commission shall itemize in each budget submitted to the President or the Office of Management and Budget the estimated annual costs of— (A) registering digital commodity platforms; (B) conducting oversight of digital commodity trades; and (C) carrying out education and outreach under subsection (l). (11) Limitations (A) In general Fees may only be assessed and imposed pursuant to this subsection on digital commodity platforms regulated by the Commission pursuant to this section. (B) Use of fees Fees authorized under this subsection are prohibited from funding any Commission activity not directly related to the registration of digital commodity platforms, the oversight of digital commodity trades, and the education and outreach carried out under subsection (l). (l) Customer education and outreach The Commission shall provide education and outreach to customers participating in digital commodity markets. (m) Inspection The Commission may inspect and monitor digital commodity platforms, on an ongoing basis, for the purpose of ensuring compliance with this Act. (n) Preemption of State laws (1) In general The registration of a digital commodity platform, an associated person of a digital commodity broker, or an associated person of a digital commodity dealer under this section— (A) shall preempt any applicable registration requirements under State laws relating to money transmission, virtual currency, and commodity brokers; and (B) shall not affect the applicability of State antifraud laws. (2) Compliance Beginning on the effective date of a registration of a digital commodity platform under this section, the digital commodity platform shall not be required to comply with applicable State law requirements relating to money transmission, virtual currency, and commodity brokerage. (o) Regulations The Commission shall prescribe such rules and regulations as are appropriate for the implementation of this section. . 5. Additional amendments (a) Retail commodity transactions Section 2(c)(2)(D)(ii) of the Commodity Exchange Act ( 7 U.S.C. 2(c)(2)(D)(ii) ) is amended— (1) in subclause (III)(bb), by striking or at the end; (2) by redesignating subclauses (IV) and (V) as subclauses (V) and (VI), respectively; and (3) by inserting after subclause (III) the following: (IV) a digital commodity trade; . (b) Applicability Section 2(i) of the Commodity Exchange Act ( 7 U.S.C. 2(i) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated), by striking The provisions and inserting the following: (1) Swaps The provisions ; and (3) by adding at the end the following: (2) Digital commodities The provisions of this Act (including any rule prescribed or regulation promulgated under this Act) relating to digital commodities shall not apply to activities outside the United States unless those activities— (A) have a reasonably foreseeable significant effect within the United States; (B) involve, for the purpose of soliciting or accepting any order for, or otherwise dealing in, digital commodities— (i) the offering to enter into, entering into, execution, or confirming the execution of digital commodities with any United States person; or (ii) the conducting of any office or business anywhere in the United States (including any territory or possession of the United States); or (C) contravene such rules or regulations as the Commission may prescribe or promulgate as are necessary or appropriate to prevent the evasion of any provision of this Act. . (c) Registration of associated persons (1) In general Section 4k of the Commodity Exchange Act ( 7 U.S.C. 6k ) is amended— (A) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7); (B) by inserting after paragraph (3) the following: (4) It shall be unlawful for any person to act as an associated person of a digital commodity broker or an associated person of a digital commodity dealer unless such person is registered with the Commission under this Act and such registration shall not have expired, been suspended (and the period of suspension has not expired), or been revoked. It shall be unlawful for a digital commodity broker or a digital commodity dealer to permit such a person to become or remain associated with the digital commodity broker or digital commodity dealer if such digital commodity broker or digital commodity dealer knew or should have known that such person was not so registered or that such registration had expired, been suspended (and the period of suspension has not expired), or been revoked. ; and (C) in paragraph (5) (as so redesignated), by striking or of a commodity trading advisor and inserting of a commodity trading advisor, of a digital commodity broker, or of a digital commodity dealer . (2) Conforming amendment The Commodity Exchange Act ( 7 U.S.C. 1a et seq. ) is amended by striking section 4k(6) each place it appears and inserting section 4k(7) . (d) Commodity trading advisers; commodity pool operators (1) In general Section 4l of the Commodity Exchange Act ( 7 U.S.C. 6l ) is amended— (A) in paragraph (2), by striking derivatives transaction execution facilities and inserting digital commodity trades on or subject to the rules of digital commodity trading facilities ; and (B) in paragraph (3), by striking derivatives transaction execution facilities and inserting digital commodity trading facilities . (2) Use of mail or other interstate commerce Section 4m(3)(C) of the Commodity Exchange Act ( 7 U.S.C. 6m(3)(C) ) is amended by inserting digital commodity trades, before and any monies . (3) Registration Section 4n(3)(B) of the Commodity Exchange Act ( 7 U.S.C. 6n(3)(B) ) is amended by inserting or digital commodity after futures market . (e) Acceptable business practices under core principles Section 5c(a)(1) of the Commodity Exchange Act ( 7 U.S.C. 7a–2(a)(1) ) is amended by striking and 5b(c)(2), and inserting , 5b(c)(2), and 5i(b) . (f) Public disclosure Section 8(a)(1) of the Commodity Exchange Act ( 7 U.S.C. 12(a)(1) ) is amended, in the first sentence of the matter preceding subparagraph (A), by inserting , digital commodity platforms, after boards of trade . (g) Anti-Money laundering (1) Amendment Section 5312(a)(2) of title 31, United States Code, is amended— (A) by redesignating subparagraphs (Y) and (Z) as subparagraphs (Z) and (AA), respectively; and (B) by inserting after subparagraph (X) the following: (Y) a digital commodity platform (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); . (2) Regulations (A) Proposed regulations Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury, after consultation with the Commodity Futures Trading Commission, shall publish proposed regulations in the Federal Register requiring a digital commodity platform (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )) registered with the Commodity Futures Trading Commission to submit a report of any suspicious transaction under section 5318(g) of title 31, United States Code. (B) Final regulations Not later than 180 days after the date of publication of the proposed regulations under subparagraph (A), the Secretary of the Treasury shall publish those regulations in final form. (h) Registration of commodity dealers and associated persons Section 8a of the Commodity Exchange Act ( 7 U.S.C. 12a ) is amended— (1) in paragraph (1), by inserting digital commodity brokers, associated persons of digital commodity brokers, digital commodity dealers, associated persons of digital commodity dealers, after to register ; (2) in paragraph (2)— (A) in subparagraph (C)— (i) in clause (i), by inserting digital commodity broker, digital commodity dealer, before futures commission merchant ; and (ii) in clause (ii), by striking contracts of and inserting a digital commodity trade or a contract of ; (B) in subparagraph (D)— (i) in clause (i), by inserting digital commodity trade or before contract of sale ; and (ii) in clause (ii), by inserting digital commodity broker, digital commodity dealer, before futures commission merchant ; and (C) in subparagraph (E)(i), by striking Investors and inserting Investor ; (3) in paragraph (3)— (A) in subparagraph (B)(i), by striking Investors and inserting Investor ; (B) in subparagraph (E)— (i) in clause (i), by striking contract of sale of a commodity for future delivery or and inserting contract of sale of a commodity for future delivery, digital commodity trade, or ; and (ii) in clause (ii), by inserting digital commodity broker, digital commodity dealer, before futures commission merchant ; and (C) in subparagraph (J)— (i) by inserting a digital commodity trading facility, before a registered entity ; and (ii) by striking registered entity, association and inserting digital commodity trading facility, registered entity, registered futures association ; (4) in paragraph (4)— (A) by striking futures commission merchant and inserting digital commodity broker, digital commodity dealer, futures commission merchant, ; (B) by inserting digital commodity subject to the rules of a digital commodity trading facility or before commodity ; and (C) by inserting digital commodity trading facility or before registered entity each place it appears; (5) in paragraph (6), by inserting digital commodity trading facility, digital commodity custodian, before registered entity each place it appears; and (6) in paragraph (9)— (A) by inserting digital commodity trading facility or before registered entity each place it appears; (B) by inserting digital commodity or before futures contract each place it appears; and (C) by inserting digital commodity or before commodity each place it appears. (i) Amendments to title 11 Title 11, United States Code, is amended— (1) in section 101(6), by inserting digital commodity platform, as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ), after leverage transaction merchant, ; and (2) in section 761— (A) in paragraph (4)(F)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by inserting and after the semicolon; and (iii) by adding at the end the following: (iii) with respect to a digital commodity platform, a contract for a digital commodity trade— (I) held at a digital commodity platform; or (II) executed by or through a digital commodity platform; ; (B) in paragraph (9)— (i) in subparagraph (D), by striking or at the end; (ii) in subparagraph (E)(ii)(II), by adding or after the semicolon at the end; and (iii) by adding at the end the following: (F) with respect to a digital commodity platform— (i) entity for or with whom the digital commodity platform deals and that holds a claim against the digital commodity platform on account of a commodity contract made, received, acquired, or held by or through the digital commodity platform in the ordinary course of the business of the digital commodity platform as a digital commodity platform from or for a commodity contract account of the entity; or (ii) entity that holds a claim against the digital commodity platform arising out of— (I) the making, liquidation, or change in the value of a commodity contract of a kind specified in clause (i) of this subparagraph; (II) a deposit or payment of cash, a security, digital commodity, or other property with the digital commodity platform for the purpose of— (aa) making or margining the commodity contract; or (bb) holding in custody, or accepting a deposit, of property related to the making or margining of the commodity contract; or (III) the making or taking of delivery on the commodity contract. ; (C) by redesignating paragraphs (11) through (17) as paragraphs (12) through (18), respectively; and (D) by inserting after paragraph (10) the following: (11) the terms digital commodity , digital commodity platform , and digital commodity trade have the meanings given those terms in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ); . 6. Applicability The amendments made by this Act shall not apply to any person regulated under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ), as amended by this Act, until the date of effectiveness of the final rule of the Commodity Futures Trading Commission requiring registration of digital commodity platforms under section 5i of that Act. 7. Report on historically underserved customers participating in digital commodity markets Not later than 180 days after the date of enactment of this Act, the Commodity Futures Trading Commission (referred to in this section as the Commission ) shall— (1) examine the racial, ethnic, and gender demographics of customers participating in digital commodity markets; and (2) submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report— (A) describing how those demographics will inform the rules and regulations of the Commission relating to customer protection; (B) proposing ways in which the Commission can provide outreach to historically underserved customers participating in digital commodity markets; and (C) containing recommendations relating to any other activities the Commission determines to be necessary to provide appropriate protection, outreach, or other similar activities relating to historically underserved customers participating in digital commodity markets. | https://www.govinfo.gov/content/pkg/BILLS-117s4760is/xml/BILLS-117s4760is.xml |
117-s-4761 | II 117th CONGRESS 2d Session S. 4761 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title V of the Social Security Act to establish a grant program for community-based maternal mentoring programs.
1. Short title This Act may be cited as the Community Mentors for Moms Act . 2. Grants for community-based maternal mentoring programs Title V of the Social Security Act ( 42 U.S.C. 701 et seq. ) is amended by adding at the end the following: 514. Grants for community-based maternal mentoring programs (a) In general In addition to any other payments made under this title to a State, the Secretary shall make grants to eligible entities to conduct demonstration projects for, and enable such entities to deliver services under, community-based mentoring programs that satisfy the requirements of subsection (c) to eligible mothers in order to promote improvements in maternal and child well-being, financial stewardship, child development, parenting, and access to social services and other community resources. (b) Application The Secretary may not award funds made available under this subsection on a noncompetitive basis, and may not provide any such funds to an entity for the purpose of carrying out a community-based mentoring program unless the entity has submitted an application to the Secretary that includes— (1) a description of how the programs or activities proposed in the application will improve maternal mental and physical health outcomes in a service area identified by the entity, substantially increase the number of eligible mothers in a service area with access to a community-based mentoring relationship, utilize community volunteer mentors, and supplement, including by avoiding duplication with, existing social services and community resources; (2) a description of how the program will partner with other community institutions, including private institutions, in identifying eligible mothers in need of a mentor and, as applicable, creating support communities among eligible mothers; (3) a description of the populations to be served by the entity, including specific information on how the entity will serve eligible mothers who belong to high-risk populations as identified in subsection (d); (4) a description of the maternal and child health indicators, financial well-being, and other needs of populations to be served by the entity as described in paragraph (3), including, to the extent practicable, the prevalence of mentoring opportunities for such populations; (5) the quantifiable benchmarks that will be used to measure program success; (6) a commitment by the entity to consult with experts with a demonstrated history of mentoring and case management success in achieving the outcomes described in subsection (c)(2)(A) in developing the programs and activities; (7) a commitment by the entity to ensure mentors to not refer or counsel in favor of abortions; and (8) such other application information as the Secretary may deem necessary, with the goal of minimizing the application burden on small nongovernmental organizations that would otherwise qualify for the grant. (c) Requirements (1) Core components A community maternal mentoring program conducted with a grant made under this section shall include the following core components: (A) Provision of community-based mentoring relationships for eligible mothers, which may include dedicated individual mentors and networks of peer and community support groups. (B) An individualized needs assessment for each eligible mother participating in the program, to be administered at the outset of the program. (C) Recruitment and utilization of community-based, volunteer mentors. (D) Provision of training to participating mentors to equip them with mentoring best practices and knowledge of public and private resources available to eligible mothers (including public social services). (2) Measurable improvements in benchmark areas (A) In general The eligible entity shall establish, subject to the approval of the Secretary, quantifiable, measurable 3- and 5-year benchmarks demonstrating the program results in improvements for eligible mothers participating in the program in the following areas: (i) The number of eligible mothers in the eligible entity’s service area with access to a community-based mentoring relationship. (ii) Improved maternal and child health, including mental and behavioral health. (iii) Improved financial literacy. (iv) Improved family economic self-sufficiency. (v) Improved coordination and referrals for other community resources and supports, including public and private resources. (B) Demonstration of improvement (i) Report to the Secretary Not later than 30 days after the end of the third year in which the eligible entity conducts the program, the entity shall submit to the Secretary a report describing the program's results in the areas specified in subparagraph (A). (ii) Improvement plan If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary. (iii) No improvement or failure to submit report If, 1 year after an eligible entity submits an improvement plan under clause (ii), the Secretary determines that the entity has failed to demonstrate any improvement in the areas specified in subparagraph (A), or if the Secretary determines that an eligible entity has failed to submit the report required under clause (i), and has not agreed to a reasonable timeline to submit such report under such conditions as may be determined by the Secretary, the Secretary shall terminate the entity’s grant and may reallocate any unpaid grant funds toward future grants provided under this section. (3) Improvements in participant outcomes (A) In general The program is designed, with respect to an eligible mother participating in the program, to result in the participant outcomes described in subparagraph (B) that are relevant to the mother (as determined pursuant to an individualized needs assessment administered to the mother). (B) Participant outcomes The participant outcomes described in this subparagraph are the following: (i) Improvements in prenatal and maternal health, including mental and behavioral health and improved pregnancy outcomes. (ii) Improvements in child health and development, including the prevention of child injuries and maltreatment. (iii) Higher levels of engagement between mothers, children, and their health providers. (iv) Reductions in mothers' stress and anxiety. (v) Improvements in parenting skills. (vi) Improvement in financial literacy skills. (vii) Improvements in child's school readiness and academic achievement. (viii) Improvements in family economic self-sufficiency. (ix) Improvements in the coordination of referrals for, and the provision of, other community resources, including private and public resources, and supports for eligible families. (d) Prioritization An eligible entity receiving a grant under this section shall identify and prioritize high-risk populations in provision of services, including— (1) low-income eligible mothers; (2) eligible mothers who are pregnant women who have not attained the age of 21; (3) eligible mothers from populations with a high risk of maternal morbidity; (4) eligible mothers with a history of substance abuse or victims of domestic abuse; (5) eligible mothers with children with developmental disabilities; and (6) eligible mothers residing in a qualified opportunity zone, as designated under section 1400Z–1 of the Internal Revenue Code of 1986. (e) Maintenance of effort Funds provided to an eligible entity under a grant awarded under subsection (a) shall supplement, and not supplant, funds from other sources for maternal mentorship or case management services. (f) Evaluation (1) Ongoing research and evaluation The Secretary shall engage in ongoing research and evaluation activities in order to increase knowledge about the implementation and effectiveness of community maternal mentoring programs. The Secretary may carry out such activities directly, or through grants, cooperative agreements, or contracts, and shall submit a report to Congress not less than annually on the research and evaluation steps being taken to measure the impact and effectiveness of programs funded under this section, as well as any interim outcomes that may be available. (2) Report requirement Not later than 3 years after the date of enactment of this section, the Secretary shall submit a report to Congress on the effectiveness of programs funded with grants under subsection (a) in producing the outcomes described in subsection (c)(3)(B), and shall include in such report recommendations for improving program design and implementation. (g) Technical assistance The Secretary shall provide an eligible entity required to develop and implement an improvement plan under subsection (c)(2)(B) with technical assistance to develop and implement the plan. The Secretary may provide the technical assistance directly or through grants, contracts, or cooperative agreements. (h) No funds to prohibited entities No prohibited entity shall be eligible to receive a grant under subsection (a), or any other funds made available by this section. (i) Protections for participating religious organizations A religious organization shall be eligible to apply for and receive funding for a program under this section on the same basis as a non-religious organization, and a religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 (including exemption from prohibitions in employment discrimination in section 702(a) of that Act ( 42 U.S.C. 2000e–1(a) )), title VIII of the Civil rights Act of 1968, title IX of the Educational Amendments of 1987, the Americans with Disabilities Act, the Religious Freedom Restoration Act, the Religious Land Use and Institutionalized Persons Act, or any other provision in law providing an exemption for a religious organization, shall not be waived by its participation in, or receipt of funds from, a grant provided by this section. (j) Authorization of appropriations (1) In general For purposes of carrying out this section, there are authorized to be appropriated $100,000,000 for each of fiscal years 2023 through 2025. (2) Reservations Of the amounts appropriated under this subsection for a fiscal year, the Secretary shall reserve 3 percent for purposes of carrying out subsections (f) and (g). (3) Availability Funds made available to an eligible entity under this section shall remain available for expenditure by the eligible entity through the end of the third fiscal year following the fiscal year in which the funds are awarded to the entity. (k) Definitions In this section: (1) Community-based mentoring relationship The term community-based mentoring relationship means a relationship with a dedicated mentor and, as applicable, group of mentors or peer support group, who meet regularly with an eligible mother and help that mother address barriers to care, mental, behavioral, and physical well-being, and economic mobility by providing support services and linkages to community resources. A community-based mentoring relationship should, to the extent practicable, have an understanding of the barriers and lived experience of that community, which may include shared lived experience. (2) Eligible entity The term eligible entity means a local government, Indian Tribe (or a consortium of Indian Tribes), Tribal Organization, Urban Indian Organization, or nonprofit organization, including religious organizations, with a demonstrated history of serving eligible mothers. (3) Eligible mother The term eligible mother means— (A) a woman who is pregnant; or (B) a woman who has primary caregiving responsibilities for a child under the age of 6. (4) Prohibited entity The term prohibited entity means an entity, including its affiliates, subsidiaries, successors, and clinics that, as of the date of enactment of this section, performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities. . | https://www.govinfo.gov/content/pkg/BILLS-117s4761is/xml/BILLS-117s4761is.xml |
117-s-4762 | II 117th CONGRESS 2d Session S. 4762 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mrs. Fischer (for herself and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title IV of the Social Security Act to establish a demonstration grant program to provide emergency relief to foster youth and improve pre-placement services offered by foster care stabilization agencies, and for other purposes.
1. Short title This Act may be cited as the Foster Care Stabilization Act of 2022 . 2. Grants to improve pre-placement services for foster youth Section 426 of the Social Security Act ( 42 U.S.C. 626 ) is amended by adding at the end the following: (d) Grants To improve pre-Placement services for foster youth (1) Establishment The Secretary shall award 3 demonstration grants of not more than $1,000,000 to foster care stabilization agencies for the purpose of providing emergency relief to foster youth and improving pre-placement services for foster youth waiting for placement. (2) Duration A foster care stabilization agency that receives a grant under this subsection shall have 3 years to spend funds awarded by the grant and return any unused grant funds to the Secretary. (3) Application A foster care stabilization agency that desires to receive a grant under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that shall include the following: (A) A description of how grant funds will be used to provide emergency relief to foster youth by the foster care stabilization agency. (B) A description of how grant funds will be used to improve pre-placement services offered by the foster care stabilization agency. (4) Application dissemination The Secretary shall ensure that the solicitation of applications for a grant under this subsection is posted publicly on the website of the Administration for Children and Families and shall make special dissemination efforts to rural areas and among Indian Tribes, Tribal organizations, and Native Hawaiian organizations. (5) Use of funds A grant awarded under this subsection may be used to carry out any of the following activities: (A) Hiring of personnel necessary to provide emergency relief to foster youth and ensure that services, resources, and assistance reach such youth. (B) Provision of clothing and other personal necessities to a foster youth for a total not to exceed $250 per foster youth, per year. (C) Purchase of food and equipment needed to prepare food for foster youth. (D) Provision of service and support to prevent and respond to occurrences of child abuse and neglect with respect to foster youth. (E) Any other extraordinary or emergency assistance needed to promote the safety and self-sufficiency of foster youth. (F) Any other purpose that the Secretary determines appropriate. (6) Reservation The Secretary shall reserve $45,000 of any amounts referred to in paragraph (9) for administration, oversight, and technical assistance activities related to this subsection. (7) Report The Secretary shall submit to the Congress a report that— (A) describes how grants awarded under this subsection have been used to provide emergency relief to foster youth; (B) describe how grants awarded under this subsection have been used on pre-placement services; (C) contains data on the extent of clothing and other necessities purchased with grant funds awarded under this subsection that have been provided to foster youth; (D) provides an evaluation of case outcomes for foster youth who have benefitted from grant funds; and (E) states the number of home transfers for each foster youth that has benefitted from grant funds. (8) Definitions In this subsection: (A) Foster care stabilization agency The term foster care stabilization agency means a local public or private nonprofit entity, including a community or faith-based organization, with expertise and experience providing direct services to 1 or more of the following: (i) Children who are under the care and placement responsibility of a State or tribal agency that administers a plan under this part or part E. (ii) Foster youth who have not attained 18 years of age. (iii) Foster youth who have attained 18 years of age. (B) Foster youth The term foster youth means an individual in foster care who has not attained 26 years of age. (C) Home transfer The term home transfer means the initial placement of a foster youth in foster care, and any subsequent placement of that foster youth while in foster care. (9) Funding To the extent that the total of the amounts made available under subsection (a) for a fiscal year exceeds $5,000,000 more than the amount so made available for the previous fiscal year, the Secretary shall use the amounts to carry out this subsection. . | https://www.govinfo.gov/content/pkg/BILLS-117s4762is/xml/BILLS-117s4762is.xml |
117-s-4763 | II 117th CONGRESS 2d Session S. 4763 IN THE SENATE OF THE UNITED STATES August 3, 2022 Ms. Cantwell (for herself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To support the construction of middle mile broadband infrastructure and enhance the electric grid.
1. Short title; table of contents (a) Short title This Act may be cited as the Grants to Rapidly Invest and Deploy Broadband Act of 2022 or the GRID Broadband Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. GRID broadband grants. Sec. 5. Grant requirements. Sec. 6. Project eligibility requirements. Sec. 7. Prohibition on use for covered communications equipment or services. Sec. 8. Grantee reporting requirements. Sec. 9. NTIA reporting requirements. Sec. 10. Technical support and assistance. Sec. 11. Staffing. 2. Purposes The purposes of this Act are to— (1) provide resilient and redundant middle mile fiber optic infrastructure to provide more opportunity for last mile providers to connect to unserved locations and underserved locations in rural and remote areas and urban areas with high-quality, high-speed broadband; (2) enhance the resilience, reliability, and security of the electric grid in order to guarantee delivery of power to critical facilities and electricity-dependent essential services and reduce restoration time following power disturbances; (3) permanently reduce the cost of high-speed broadband across the United States, including for low-income households and small businesses; (4) expand interconnections and the communications capacity of the electric grid of the United States to facilitate deployment of more diverse and distributed generation resources and smart-grid technologies; (5) provide rural and remote areas and urban areas with new economic growth opportunities and ensure equal access to education, healthcare, telework, and e-commerce opportunities; and (6) leverage assets such as tower facilities, buildings, land, and rights-of-way to lower broadband buildout costs to encourage private-sector companies to expand affordable telecommunication offerings. 3. Definitions In this Act: (1) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (2) Broadband; broadband service The term broadband or broadband service has the meaning given the term broadband internet access service in section 8.1, title 47, Code of Federal Regulations, or any successor regulation. (3) Eligible entity The term eligible entity means— (A) an electric grid operator; (B) a transmission owner or operator; (C) a Transmission Organization (as defined in section 3 of the Federal Power Act ( 16 U.S.C. 796 )); (D) a Federal power marketing administration; (E) an electric utility owned or operated by a Native entity; and (F) a rural or municipal utility. (4) GRID broadband grant The term GRID broadband grant means a grant awarded under section 4. (5) Interconnection The term interconnection means— (A) the physical linking of 2 or more broadband networks for the mutual exchange of traffic on terms and conditions that, where technically feasible without exceeding current (as of the time of receipt of a GRID broadband grant) or reasonably anticipated capacity limitations, are technology-neutral and non-discriminatory; and (B) the offering of wholesale broadband service at reasonable rates on a carrier-neutral basis. (6) Last mile broadband infrastructure The term last mile broadband infrastructure means broadband infrastructure that— (A) connects directly to an end-user location; and (B) is capable of delivering— (i) a speed of not less than 100 megabits per second for downloads; (ii) a speed of not less than 20 megabits per second for uploads; and (iii) latency less than or equal to 100 milliseconds. (7) Last mile provider The term last mile provider means an entity connecting middle mile infrastructure to last mile networks in order to provide retail broadband service, including— (A) an internet service provider; (B) a telecommunications cooperative or other cooperative; (C) a regional planning council; (D) a not-for-profit foundation, corporation, institution, or association; (E) a public power utility or a rural electric cooperative; (F) a Native entity; and (G) a municipality, Tribal government, or other local government. (8) Low-income household The term low-income household means a household whose income is not greater than 200 percent of the Federal Poverty Guidelines for a household of that size. (9) Middle mile infrastructure The term middle mile infrastructure — (A) means any fiber optic broadband infrastructure that does not connect directly to an end-user location or a retail customer; and (B) includes leased dark fiber, interoffice transport, backhaul, carrier-neutral internet exchange facilities, carrier-neutral submarine cable landing stations, undersea cables, transport connectivity to data centers, special access transport, and other similar services. (10) Native entity The term Native entity has the meaning given the term in section 60401 of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 1741 ). (11) Program The term Program means the GRID Broadband Facilitation Program established under section 4. (12) Rural and remote area The term rural and remote area means a political subdivision of a State or an unincorporated area that has a population of not more than 10,000 inhabitants. (13) Rural or municipal utility The term rural or municipal utility means— (A) a rural electric cooperative; (B) a utility owned by a political subdivision of a State, such as a municipally owned electricity utility; (C) a utility owned by any agency, authority, corporation, or instrumentality of 1 or more political subdivisions of a State; (D) a not-for-profit entity that is in a partnership with not fewer than 6 entities described in subparagraph (A), (B), or (C); (E) a utility owned by a Native entity; and (F) an investor-owned electric utility that sells less than 4,000,000 megawatt hours of electricity per year. (14) Secretary The term Secretary means the Secretary of Energy. (15) Underserved location The term underserved location means a broadband-serviceable location that— (A) is not an unserved location; and (B) lacks access to broadband service offered with— (i) a speed of not less than— (I) 100 megabits per second for downloads; and (II) 20 megabits per second for uploads; and (ii) a latency and jitter sufficient to support real-time, interactive applications. (16) Unserved location The term unserved location means a broadband-serviceable location that— (A) has no access to broadband service; or (B) lacks access to broadband service offered with— (i) a speed of not less than— (I) 25 megabits per second for downloads; and (II) 3 megabits per second for uploads; and (ii) a latency and jitter sufficient to support real-time, interactive applications. (17) Urban area The term urban area has the meaning given the term by the Bureau of the Census in the notice of final program criteria entitled Urban Area Criteria for the 2020 Census–Final Criteria , published in the Federal Register on March 24, 2022 (87 Fed. Reg. 16706), or any successor to that notice. 4. GRID broadband grants (a) In general The Assistant Secretary shall establish a program, in consultation with the Secretary, and subject to subsection (c), to be known as the GRID Broadband Facilitation Program , under which the Assistant Secretary makes grants to eligible entities to facilitate— (1) the construction of fiber optic communications infrastructure with sufficient capacity to serve as middle mile infrastructure; (2) the enhancement or expansion of existing (as of the date of the grant award) fiber optics communications infrastructure for the purpose of serving as middle mile infrastructure; (3) the use of lit or dark fiber to increase broadband capability or capacity; or (4) the acquisition or installation of the equipment and other resources necessary for interconnection of middle mile infrastructure with last mile broadband infrastructure to allow for the exchange of internet traffic between networks. (b) Applications for grants (1) In general The Assistant Secretary shall establish an application process for GRID broadband grants. (2) Selection priority In selecting projects for which to provide GRID broadband grants, the Assistant Secretary shall give priority to projects that meet criteria described in paragraph (3). (3) Priority criteria The criteria described in this paragraph are that a project— (A) leverages existing (as of the date of the grant award) rights-of-way, easements, assets, and infrastructure to minimize financial, regulatory, and permitting barriers; (B) is located in a State or political subdivision of a State, or within a Tribal jurisdiction, that allows rights-of-way, easements, and cost recovery for constructing and operating middle mile infrastructure by eligible entities; (C) is used to connect or construct middle mile infrastructure on trust land (as defined in section 3765 of title 38, United States Code) that is owned by, or held in trust for the benefit of, as applicable, a Native entity; (D) aligns with broadband access goals established by States, Tribal governments, and localities; (E) is most likely to expeditiously provide affordable broadband service to areas with unserved locations and underserved locations; (F) is most likely to expeditiously provide affordable broadband service to urban areas that have a demonstrated lack of internet usage and access; (G) has partnerships with last mile providers who commit to provide broadband through their last mile infrastructure that— (i) meets the threshold speeds and capabilities for broadband to no longer declare a location an unserved location or underserved location; and (ii) ensures that the networks built by the project are easily scalable to— (I) meet the evolving connectivity needs of households and businesses; and (II) support the deployment of 5G, successor wireless technologies, and other advanced services; (H) helps provide affordable gigabit upload and download speeds to community institutions such as a school, library, medical or healthcare provider, community college or other institution of higher education, or other community support organization or entity; (I) contributes to broadband resilience and minimizes the occurrence and duration of outages through the creation of alternative network connection paths designed to prevent single points of failure on a broadband network; (J) would accelerate the rate and scope of deployment of 5G infrastructure, successor wireless technologies, and other advanced services; (K) reduces the natural and man-made threats to the telecommunication and electricity networks of the United States that are identified in the North American Energy Resilience Model, as determined in consultation with the Secretary; (L) supports the security of the electric grid by installing a private, closed-loop communications network for grid operators; (M) helps provide monitoring of threats to the electric grid, including with respect to purposeful physical attacks, extreme weather impacts, and wildfire detection; (N) demonstrates the ability to improve critical services to communities such as healthcare, communications for first responders, fire, and safety management, and seismic early warning systems; (O) enhances the ability to sense and monitor power characteristics in near-real time in order to— (i) optimize electric grid operations; and (ii) manage the integration of more distributed resources and intermittent renewable power sources; or (P) will provide significant non-Federal matching funds or other monetary or in-kind consideration. (c) Implementation timeline Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall— (1) issue a notice inviting eligible entities to submit applications for GRID broadband grants, which shall contain details about how awarding decisions will be made; and (2) outline— (A) the requirements for applications for GRID broadband grants; and (B) the allowed uses of GRID broadband grant funds. (d) Interconnection and oversight (1) Interconnection (A) In general An eligible entity that receives a GRID broadband grant shall offer, for the life of the project, interconnection directly, or indirectly through another entity— (i) to any last mile provider making a bona fide request for available capacity pursuant to a sustainable business plan that meets 1 or more of the priority criteria described in subsection (b)(3); and (ii) on reasonable rates and terms to be negotiated with requesting parties. (B) Nature of interconnection The interconnection required to be offered under subparagraph (A) includes— (i) the ability to connect to the public internet; and (ii) physical interconnection for the exchange of traffic with last mile interconnection. (2) Oversight The Assistant Secretary shall— (A) in consultation with the Secretary, oversee interconnection agreements between recipients of GRID broadband grants and last mile providers seeking to interconnect with— (i) the middle mile infrastructure deployed using GRID broadband grants; and (ii) other middle mile infrastructure owned or operated by eligible entities; and (B) review the interconnection terms and conditions proposed by an eligible entity to ensure that the terms and conditions— (i) provide for reasonable cost recovery by the eligible entity; and (ii) in the case of a recipient of a GRID broadband grant that qualifies under subsection (j) or (k) of section 5— (I) help decrease the cost for resulting last mile broadband service to consumers; and (II) include affordable options for low-income households. (e) Impact on other Federal broadband programs The use of GRID broadband grant funds by an eligible entity, or partner of an eligible entity, shall not impact the eligibility of, or otherwise disadvantage, the eligible entity or partner with respect to participation in any other Federal broadband program. (f) Prohibition on overbuilding The Assistant Secretary shall ensure that GRID broadband grant funds are not used to duplicate existing or planned last mile broadband infrastructure. 5. Grant requirements (a) Open competition The Assistant Secretary shall assess applications for GRID broadband grants on a competitive basis. (b) Competence The Assistant Secretary shall include in the application process established under section 4(b)(1) a requirement that an eligible entity can demonstrate that the entity— (1) is capable of carrying out a proposed project in a competent manner, including by demonstrating that the entity has the financial, technical, and operational capability to— (A) carry out the proposed project consistent with the proposed milestones and budget; and (B) ensure the long-term operation and maintenance of the resulting fiber optics facilities, including middle mile broadband infrastructure; and (2) has the capability to enter into interconnection agreements with last mile providers to provide broadband service. (c) Network impact assessment Any applicant for a GRID broadband grant shall disclose the applicant’s proposed interconnection, nondiscrimination, and network management practices. (d) Timeline Subject to subsection (e), to be eligible to obtain a GRID broadband grant, an eligible entity shall agree, in the application submitted through the process established under section 4(b)(1), to complete buildout of the middle mile infrastructure described in the application by not later than 3 years after the date on which amounts from the grant are made available to the entity. (e) Interim buildout requirements The Assistant Secretary shall establish interim buildout requirements with milestones for reporting for each eligible entity that receives a GRID broadband grant. (f) Extensions At the request of an eligible entity, the Assistant Secretary may extend the buildout deadline under subsection (d) and modify any interim buildout requirements established under subsection (e) as necessary, if the eligible entity certifies that— (1) the project to build out middle mile infrastructure is underway; and (2) extenuating circumstances require an extension of time to allow completion of the project. (g) Performance The Assistant Secretary may, in addition to other authority under applicable law, and as defined in advance by the Assistant Secretary— (1) deobligate awards to recipients of GRID broadband grants that demonstrate an insufficient level of performance, or wasteful or fraudulent spending; and (2) competitively award funds deobligated under paragraph (1) to new or existing (as of the time of the deobligation) applicants for GRID broadband grants consistent with this Act. (h) Penalties The Assistant Secretary may, in addition to other authority under applicable law, and as defined in advance by the Assistant Secretary, establish a penalty regime, which may include rescission of funds, for recipients of GRID broadband grants that do not meet the requirements of this Act. (i) Cost sharing (1) 50 percent match required Except as provided in paragraphs (2) and (3), an application for a GRID broadband grant shall demonstrate the ability to provide supplemental investments or in-kind support valued at not less than 50 percent of the amount of the proposed grant. (2) 20 percent match required Paragraph (1) shall be applied by substituting 20 percent for 50 percent if the applicant— (A) is a Federal power marketing administration; (B) is a Native entity; or (C) qualifies under subsection (j) or (k). (3) No match required Paragraph (1) shall not apply if an applicant petitions the Assistant Secretary for a waiver and the Assistant Secretary determines that the petition demonstrates financial need or meets another public interest. (j) Rural service for unserved locations and underserved locations If a recipient of a GRID broadband grant is a rural or municipal utility, or an electric utility owned or operated by a Native entity, seeking to provide broadband service that is affordable and accessible to unserved locations and underserved locations in a rural and remote area, the recipient may use a portion of the grant funds to support construction of last mile broadband infrastructure, by the recipient or in partnership with a last mile provider, to meet market demand in that area. (k) Urban service for populations without access Notwithstanding section 4(f), if a recipient of a GRID broadband grant is a rural or municipal utility, or an electric utility owned or operated by a Native entity, seeking to provide broadband service that is affordable and accessible to populations in urban areas where it has been shown that cost is a barrier to internet connectivity, the recipient may use a portion of the grant funds to support construction of last mile broadband infrastructure, by the recipient or in partnership with a last mile provider, to meet market demand in that area. (l) Deobligation of awards The Assistant Secretary— (1) shall establish appropriate mechanisms to ensure appropriate use of funds made available under this section; and (2) may, in addition to other authority under applicable law— (A) deobligate grant funds awarded to an eligible entity that— (i) is unable to fulfill the requirements of subsection (b); or (ii) demonstrates an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary; and (B) award grant funds that are deobligated under subparagraph (A) to new or existing applicants consistent with this section. (m) Regulations The Assistant Secretary may issue such regulations or other guidance, forms, instructions, or publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this Act, including to ensure that such programs, projects, or activities are completed in a timely and effective manner. (n) No regulation of rates permitted Nothing in this Act may be construed to authorize the Assistant Secretary or the National Telecommunications and Information Administration to regulate the rates charged for broadband service. 6. Project eligibility requirements An eligible entity may not receive a GRID broadband grant unless, at the time of the application for the grant, the Assistant Secretary, in consultation with the Secretary, determines that— (1) the project would improve national security by— (A) helping harden the electric grid of the United States against cyberattacks and other threats; and (B) reducing the likelihood of electricity outages at Federal properties dedicated to national security; and (2) the proposed middle mile infrastructure will be capable of supporting the provision of broadband service by a last mile provider, either directly or indirectly through terrestrial or wireless service. 7. Prohibition on use for covered communications equipment or services An eligible entity or partner of an eligible entity may not use GRID broadband grant funds to purchase or support any covered communications equipment or service, as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 ). 8. Grantee reporting requirements (a) In general An eligible entity that receives a GRID broadband grant shall submit to the Assistant Secretary a biannual report for the life of the project, in a format specified by the Assistant Secretary, that— (1) describes the entity’s— (A) use of the grant and progress in fulfilling the objectives for which the grant funds were awarded, including meeting any requirements established by the Assistant Secretary under section 5(l); and (B) interconnection agreements with last mile providers, including how those agreements are— (i) increasing the availability of high-speed, high-quality broadband in unserved locations and underserved locations; (ii) ensuring compliance with section 4(d)(1)(A) (relating to open access); and (iii) making broadband service more affordable for consumers; and (2) includes any other information required by the Assistant Secretary. (b) Publication The Assistant Secretary shall make each report submitted under subsection (a) available to the public. 9. NTIA reporting requirements (a) Public disclosure The Assistant Secretary shall create and maintain a fully searchable online database that contains— (1) a list of each eligible entity that has applied for a GRID broadband grant and any last mile provider with which the entity has partnered or has proposed to partner; (2) a description of each application described in paragraph (1); (3) the status of each application described in paragraph (1); (4) the name of each eligible entity that has received a GRID broadband grant; (5) the purpose for which an eligible entity described in paragraph (4) received the grant; (6) each biannual report submitted by an eligible entity under section 8(a); and (7) any other information necessary to allow the public to understand and monitor GRID broadband grants awarded by the Assistant Secretary. (b) Protection of certain information The Assistant Secretary may not include in the database created under subsection (a) any— (1) proprietary information; (2) information the disclosure of which the Assistant Secretary, in consultation with the Secretary, determines would pose a threat to national security; or (3) information relating Native American natural, cultural, and historical resources identified as confidential by a Native entity, which shall also be exempt from the disclosure requirements under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). (c) Monitoring The Assistant Secretary shall set up sufficient mechanisms to monitor the progress of projects funded by GRID broadband grants, including audits and on-site investigations. (d) Internet disclosure The Assistant Secretary shall, on the searchable database created under section 60102(g)(3)(C) of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 1702(g)(3)(C) ), provide information sufficient to allow the public to understand and monitor projects funded by GRID broadband grants. 10. Technical support and assistance (a) Program assistance As part of the Program, the Assistant Secretary, in consultation with the Secretary, shall provide technical support and assistance to eligible entities to facilitate their participation in the Program. (b) Technical experts The Assistant Secretary, in consultation with the Secretary, shall convene a committee of technical experts to advise the Assistant Secretary on the development and implementation of the Program. 11. Staffing The Assistant Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of that subchapter), qualified candidates to any position necessary to administer the Program. | https://www.govinfo.gov/content/pkg/BILLS-117s4763is/xml/BILLS-117s4763is.xml |
117-s-4764 | II 117th CONGRESS 2d Session S. 4764 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mrs. Murray (for herself, Ms. Duckworth , Mrs. Gillibrand , Mr. Heinrich , Mr. Reed , Ms. Smith , Ms. Hassan , Ms. Hirono , Ms. Warren , Mr. Van Hollen , and Mr. Sanders ) 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 improve reproductive health care of individuals with disabilities.
1. Short title This Act may be cited as the Reproductive Health Care Accessibility Act . 2. Findings Congress finds the following: (1) In the United States, there are approximately 1 in 4 adults with disabilities, 1 in 10 individuals with disabilities who are able to become pregnant, and approximately 4,100,000 parents with disabilities. (2) All people, including individuals with disabilities, have the right to decide if, when, and how to start and raise a family. (3) Title II and III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. and 12181 et seq.), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), and section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ) provide individuals with disabilities with the right to equitably access and receive health care. (4) Disabled people face unique barriers when accessing reproductive health care, including accessibility at health care facilities, lack of accessible medical diagnostic equipment, barriers to accessible travel, delay in receiving preventative services, and lack of health care providers with training and knowledge on the needs of individuals with disabilities receiving reproductive health care. (5) The United States Access Board has established standards for accessible medical diagnostic equipment, however without enforceable standards adopted by the Department of Health and Human Services and Department of Justice, systemic improvements in the availability of accessible medical diagnostic equipment will not be achieved. (6) Disabled people have an equal right to reproductive autonomy, but harmful stereotypes create barriers to getting care that respects that autonomy. (7) Laws that restrict access to reproductive health care, including abortion care, disproportionally harm people who already face barriers to reproductive health care which includes disabled people. (8) Individuals with and without disabilities want children at the same frequency, but individuals with disabilities experience less likelihood of receiving contraception counseling and timely prenatal care, experience a higher rate of sterilization, and are at a greater risk for adverse pregnancy outcomes. (9) Diversity and inclusion in the health care workforce is a critical factor in the delivery of high-quality, culturally competent health care and improves patient outcomes. However, the rate of students and trainees with disabilities in medical and allied health education remains low compared to those without disabilities. 3. Program for training the workforce Part D of title VII of the Public Health Service Act ( 42 U.S.C. 294 et seq. ) is amended by adding at the end the following: 760A. Program for training the workforce concerning reproductive health care for individuals with disabilities (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration and in consultation with the Administrator of the Administration for Community Living, shall award grants, contracts, or cooperative agreements to eligible entities to carry out training programs for health care professionals providing sexual and reproductive health care concerning comprehensive disability clinical care curricula. (b) Eligibility (1) In general To be eligible to receive an award under this section an entity shall be a public or private nonprofit entity with demonstrated expertise in serving individuals with disabilities, which may include— (A) a multidisciplinary health care provider who provides reproductive health care, such as federally qualified health centers; (B) institutions of higher education, as defined in section 101 of the Higher Education Act of 1965, with expertise in reproductive health care; (C) an entity primarily led by individuals with disabilities; (D) an entity with expertise in reproductive rights and justice; (E) an Indian Tribe, Tribal organization, or urban Indian organization; or (F) a consortium of entities described in any of subparagraphs (A) through (E). (2) Application To be eligible to receive an award under this section an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that includes— (A) a description of the eligible entity’s or consortium of entities’ expertise in providing technical assistance and training, including evidence such as— (i) knowledge of the rights afforded to individuals with a disability under relevant Federal and State law; (ii) knowledge of accessibility standards established by the United States Access Board; (iii) expertise in evidence-based or evidence-informed practices in providing sexual and reproductive health care, including preventive health care services and perinatal care, to individuals with disabilities and those facing compounded barriers to accessing care; (iv) experience working with health care providers, public or private nonprofit entities, or Federal, State, or local agencies focusing on sexual and reproductive health care services for individuals with disabilities; (v) experience working with individuals with disabilities and their families; (vi) expertise in providing, collecting, compiling, communicating, and disseminating information in culturally and linguistically appropriate manner especially in easily accessible formats; and (vii) experience improving coordination of services, such as mental health, substance use disorder prevention, treatment, and recovery support services, social services, other health care services, and transportation services for individuals with disabilities; (B) a description of the activities to be funded under the award and the goals of such activities, including a description of— (i) the training or education program to be implemented that meets the requirements of subsection (c); (ii) the process to be used to identify health care providers that will participate in the training program, including the process to increase diversity in the pool of participating providers; (iii) the process to be used to engage stakeholders in such training, including individuals with disabilities; and (iv) the eligible entity’s evaluation plan to determine the scope and impact of the training program; (C) an assurance that the recipients of the training will receive ongoing and comprehensive training or professional development on the sexual and reproductive health care needs of individuals with disabilities; and (D) any other assurances that the Secretary may require. (3) Subawards An eligible entity or eligible consortium receiving an award under this section may, for contracting purposes, make subawards to individuals or entities with expertise in reproductive health care and serving individuals with disabilities. (c) Use of funds An entity or entities shall use amounts received under this section to carry out a training program for health care professionals providing sexual and reproductive health care that provides training concerning— (1) comprehensive disability clinical care curricula to inform health professionals providing sexual and reproductive health care on how to provide effective, interprofessional team-based health care; (2) culturally and linguistically competent care for individuals with disabilities; (3) delivering sexual and reproductive health care for individuals with disabilities in a manner that emphasizes the independence, self-determination, and choices of individuals with disabilities with respect to their sexual and reproductive health through comprehensive disability clinical care curricula; (4) the rights afforded to individuals with disabilities under relevant Federal and State law; and (5) methods and evidence-based or evidence-informed practices for providing sexual and reproductive health care, including preventive health care services, to individuals with disabilities. (d) Evaluation and report (1) In general An entity or entities that receives an award under this section shall, at the end of the award period, carry out an evaluation of any progress made through the program in training health care professionals providing sexual and reproductive health care, consistent with the purposes of this section. (2) Report Not later than 180 days after the end of the award period, an entity that receives an award under this section shall submit to the Secretary a report on the results of the evaluation conducted under paragraph (1). (3) Secretary The Secretary shall annually compile the reports submitted under paragraph (2) and submit such compilation to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. Such compilations shall be posted on the internet website of the Department of Health and Human Services in an accessible format. (e) Definitions In this section: (1) Disability The terms disability and disabilities have the meaning given such terms for purposes of the Americans with Disabilities Act of 1990. (2) Indian tribe The terms Indian Tribe and Tribal organization have the meaning given such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (3) Urban Indian organization The term urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act. (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 2027. Funds provided to carry out this section shall supplement not supplant funds otherwise made available to carry out title VII. . 4. Program for expanding the reproductive health care physician workforce Part B of title VII of the Public Health Service Act ( 42 U.S.C. 293 et seq. ) is amended by adding at the end the following: 742. Program for expanding the reproductive health care physician workforce (a) Purpose It is the purpose of this section— (1) to establish and sustain a competitive health professions applicant pool of individuals with disabilities by increasing the total number of individuals with disabilities who pursue a career in sexual and reproductive health care, including abortion care and maternal health care; and (2) to develop a culturally and linguistically competent health care workforce providing reproductive health care that will serve unserved and underserved populations, including individuals with disabilities. (b) Awards To assist individuals with disabilities in undertaking education to enter into the reproductive health care workforce, the Secretary may award grants, contracts, or cooperative agreements to public or private nonprofit health or educational entities, including schools of medicine, schools of osteopathic medicine, and institutions of higher education, that offer programs, including graduate programs, in obstetrics and gynecology or programs for the training of health care providers to enable such entities to carry out the activities described in subsection (d). (c) Application To be eligible to receive an award under subsection (b), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Use of funds An entity shall use amounts received under an award under subsection (b) to— (1) conduct or support activities to develop a competitive applicant pool, through partnership with public or private nonprofit institutions of higher education, local educational agencies, health care providers, such as sexual and reproductive health care providers and primary care providers, or other community-based entities, and establish an education pipeline for individuals with disabilities entering the reproductive health care workforce; (2) establish, strengthen, or expand programs to support the academic performance of individuals with disabilities participating in activities funded under this section, including mentorship programs; (3) identify, recruit, enroll, and retain individuals with disabilities in education and training related to sexual and reproductive health care; (4) improve the capacity of the entity involved to train, recruit, and retain faculty with disabilities including the payment of such stipends and fellowships as the Secretary may determine appropriate; (5) carry out activities to improve the information resources, clinical education, curricula and competencies of the graduates of the entity involved, as it relates to individuals with disabilities; (6) facilitate faculty and student research on health issues affecting individuals with disabilities, including research on issues relating to the delivery of sexual and reproductive health care to individuals with disabilities; (7) carry out programs, or offer experiences, to train students in providing reproductive health services to individuals with disabilities at community-based health facilities that provide reproductive health services; (8) provide stipends to individuals with disabilities participating in activities funded under this section as the Secretary determines appropriate, in amounts as the Secretary determines appropriate, with an assurance that such stipends shall not result in loss of an individual’s Federal or State benefits; or (9) any other activities that the Secretary may require. (e) Preference In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall give preference to applications that have been approved for programs that involve a comprehensive approach through multiple entities described in subsection (b) to establish, enhance, and expand educational programs that will result in the development of a competitive applicant pool of individuals with disabilities who desire to pursue careers in reproductive health care services. (f) Consideration for awards In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall— (1) consider current enrollment trends and the needs of certain populations, including individuals with disabilities; and (2) align and coordinate with other training programs administered by the Health Resources and Services Administration. (g) Effect on other programs Assistance or stipends provided to an individual under this section shall not be considered when applying asset or resource limitation provisions related to the eligibility of such individual for any benefit, assistance, or service provided under any Federal or State program. (h) Report Not later than 180 days after the end of the award period, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report concerning the activities carried out under this section to increase the representation of individuals with disabilities in the reproductive health profession and related training programs. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2023 through 2027. Funds provided to carry out this section shall supplement not supplant funds otherwise made available to carry out title VII. . 5. Expanding the reproductive health care nursing workforce Section 821 of the Public Health Service Act ( 42 U.S.C. 296m ) is amended by adding at the end the following: (d) Expanding the reproductive health care nursing workforce (1) Awards To assist individuals with disabilities in undertaking education to enter into the reproductive nursing workforce, the Secretary may award grants, contracts, or cooperative agreements under subsection (a)(1) to eligible entities to enable such entities to carry out the activities described in paragraph (4). (2) Application To be eligible to receive an award under paragraph (1), an entity described in such paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Use of funds An entity shall use amounts received under an award under paragraph (1) to— (A) conduct activities to develop a competitive applicant pool, through partnership with public or private nonprofit institutions of higher education, local educational agencies, nurse-managed health clinics, health care providers, such as reproductive health care providers and nurses, or other community-based entities, and establish an education pipeline for individuals with disabilities entering the reproductive health care nursing workforce; (B) establish, strengthen, or expand programs to support the academic performance of individuals with disabilities participating in activities funded under this subsection, including mentorship programs; (C) identify, recruit, enroll, and retain individuals with disabilities in education and training related to sexual and reproductive health care; (D) improve the capacity of the entity involved to train, recruit, and retain faculty with disabilities, including the payment of such stipends and fellowships as the Secretary may determine appropriate; (E) carry out activities to improve the information resources, clinical education, curricula, and competencies of the graduates of the entity involved, as it relates to individuals with disabilities; (F) facilitate faculty and student research to include evidence-based practice and quality improvement projects focused on health issues affecting individuals with disabilities, including research on issues relating to the delivery of sexual and reproductive health care to individuals with disabilities; (G) carry out programs, or offer experiences, to train students in providing reproductive health services to individuals with disabilities at community-based health care facilities that provide reproductive health services; (H) provide stipends to individuals with disabilities participating in activities funded under this subsection as the Secretary determines appropriate, in amounts as the Secretary determines appropriate, with an assurance that such stipends shall not result in the loss of an individual’s Federal or State benefits; or (I) any other activities that the Secretary may require. (4) Preference In awarding grants, contracts, or cooperative agreements under this subsection, the Secretary shall give preference to applications that have been approved for programs that involve a comprehensive approach through multiple entities described in paragraph (1) to establish, enhance, and expand educational programs that will result in the development of a competitive applicant pool of individuals with disabilities who desire to pursue careers in reproductive health care services. (5) Consideration for awards In awarding grants, contracts, or cooperative agreements under this subsection, the Secretary shall— (A) consider current enrollment trends and the needs of certain populations, including individuals with disabilities; and (B) align and coordinate with other training programs administered by the Health Resources and Services Administration. (6) Effect on other programs Assistance or stipends provided to an individual under this subsection shall not be considered when applying asset or resource limitation provisions related to the eligibility of such individual for any benefit, assistance, or service provided under any Federal or State program. (7) Report Not later than 180 days after the end of the award period, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report concerning the activities carried out under this subsection to increase the representation of individuals with disabilities in the reproductive health profession and related training programs. (8) Authorization of appropriations There is authorized to be appropriated to carry out this subsection, $15,000,000 for each of fiscal years 2023 through 2027. Funds provided to carry out this subsection shall supplement not supplant funds otherwise made available to carry out title VIII. . 6. Program for reproductive health education (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ), acting through the Administrator of the Health Resources and Services Administration and in consultation with the Administrator of the Administration for Community Living, shall award grants, contracts, or cooperative agreements to eligible entities to provide funding for education programs focused on sexual and reproductive health needs for individuals with disabilities. (b) Eligibility (1) In general To be eligible to receive an award under this section an entity shall be a public or private nonprofit entity with a demonstrated expertise in serving individuals with disabilities, which may include— (A) a multidisciplinary health care provider who provides reproductive health care services, such as a federally qualified health center; (B) institutions of higher education, as defined in section 101 of the Higher Education Act of 1965, with expertise in reproductive health care; (C) an entity primarily led by individuals with disabilities; (D) an entity with expertise in reproductive rights and justice; (E) an Indian Tribe, Tribal organization, or urban Indian organization; and (F) a consortium of entities described in any of subparagraphs (A) through (E). (2) Application To be eligible to receive a grant, contract, or cooperative agreement under this section an eligible entity or consortium of entities shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that includes a description of the eligible entity’s or entities’ expertise in providing education programs including evidence that such entity has— (A) knowledge of best practices in providing reproductive health care, including preventive health care services, to individuals with disabilities; (B) experience working with individuals with disabilities and their families; and (C) demonstrated expertise of developing materials in culturally and linguistically accessible formats including plain language. (3) Subawards An eligible entity or eligible consortium receiving an award under this section may, for contracting purposes, make subawards to individuals or entities with expertise in reproductive health care and serving individuals with disabilities. (c) Use of funds An entity or entities’ shall use amounts received under subsection (a) to— (1) carry out evidence-based or evidence-informed sexual and reproductive health education programs for individuals with disabilities, including youth, in culturally and linguistically accessible formats; (2) develop sexual and reproductive health education programs in culturally and linguistically accessible formats to be used in carrying out paragraph (1); (3) provide education to individuals with disabilities, including youth, concerning abortion care options and their sexual, reproductive, and perinatal health care needs; (4) provide education to individuals with disabilities, including youth, concerning their rights under relevant Federal and State law; (5) provide access to disability affirmative and supportive clinical resources that are accessible to individuals with disabilities; (6) build the entity’s or entities’ capacity and enhance their leadership of the entity or entities within the community to promote community engagement in, and advancement of, evidence-based or evidence-informed sexual and reproductive health care education in easily accessible formats; and (7) support dissemination of newly developed sexual and reproductive health care education programs as described in paragraph (2) throughout the State, territorial, and Tribal communities. (d) Evaluation and report (1) In general An entity that receives an award under this section shall, at the end of the award period, carry out an evaluation of success of the entity in achieving the goals of the program for which the award was made. (2) Report Not later than 180 days after the end of the award period, an entity that receives an award under this section shall submit to the Secretary a report on the results of the evaluation conducted under paragraph (1). (3) Secretary The Secretary shall annually compile the reports submitted under paragraph (2) and submit such compilation to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. Such compilations shall be posted on the internet website of the Department of Health and Human Services in an accessible format. (e) Definitions In this section: (1) Disability The terms disability and disabilities have the meaning given such terms for purposes of the Americans with Disabilities Act of 1990. (2) Indian tribe The terms Indian Tribe and Tribal organization have the meaning given such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (3) Urban indian organization The term urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act. (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 2027. 7. National Technical Assistance Center (a) Establishment The Secretary of Health and Human Services, acting through the Administration for Community Living, shall directly, or through a grant, contract, or cooperative agreement, establish a National Technical Assistance Center to— (1) provide recommendations and best practices to States, Indian Tribes, Tribal organizations, and urban Indian organizations concerning improving coordination of services including mental health and substance use disorder services, social services, health care, and transportation to increase access to quality, integrated systems of accessible, comprehensive disability clinical care, and services for individuals with disabilities; (2) provide technical assistance to health care providers on culturally and linguistically accessible and appropriate sexual and reproductive health care, including before, during, and after pregnancy and perinatal care and family planning services; (3) develop resources and provide technical assistance to assist covered entities in complying with applicable Federal laws and regulations; and (4) develop resources for individuals with disabilities facing barriers to accessible care, including related to accessible medical diagnostic equipment and the Barrier-Free Health Care Initiative. (b) Definitions In this section: (1) Disability The terms disability and disabilities have the meaning given such terms for purposes of the Americans with Disabilities Act of 1990. (2) Indian Tribe The terms Indian Tribe and Tribal organization have the meaning given such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (3) Urban indian organization The term urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2023 through 2027. 8. Research study (a) In general The Secretary of Health and Human Services, in consultation with the Administrator of the Administration for Community Living, shall carry out a study to— (1) identify the types of programs and services that have demonstrated effectiveness in providing reproductive health care services for individuals with disabilities; (2) analyze the effectiveness of Federal, State, Tribal, and local partnerships to coordinate efforts to ensure an integrated system of accessible, comprehensive reproductive health care for individuals with disabilities; and (3) identify necessary memoranda of understanding or interagency agreements that are needed to foster data and public health research focusing on reproductive health care barriers for individuals with disabilities. (b) Report Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce and the Committee on Education and Labor of the House of Representatives, a report on the results of the study conducted under subsection (a). (c) Definition In this section the terms disability and disabilities have the meanings given such terms for purposes of the Americans with Disabilities Act of 1990. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s4764is/xml/BILLS-117s4764is.xml |
117-s-4765 | II 117th CONGRESS 2d Session S. 4765 IN THE SENATE OF THE UNITED STATES August 3, 2022 Ms. Hassan (for herself and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To address recommendations made to Congress by the Government Accountability Office and detailed in the annual duplication report, and for other purposes.
1. Short title This Act may be cited as the Acting on the Annual Duplication Report Act of 2022 . 2. Findings; sense of Congress (a) Findings Congress finds that— (1) the annual reports prepared by the Comptroller General of the United States under section 21 of the Joint Resolution entitled Joint Resolution increasing the statutory limit on the public debt , approved February 12, 2010 ( 31 U.S.C. 712 note; Public Law 111–139 ), have produced approximately $531,000,000,000 in financial benefits for the Federal Government; (2) the 2022 report entitled Additional Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Billions of Dollars in Financial Benefits and numbered GAO–22–105301 identified 94 new actions that Congress or the executive branch can take— (A) to improve efficiency and effectiveness across the Federal Government; and (B) to save potentially tens of billions of dollars; (3) the financial benefits described in paragraph (2) cannot be realized without full implementation of the actions and recommendations set forth by the Comptroller General of the United States in the report described in that paragraph; and (4) of the 94 new actions described in that report, several require legislation to be fully implemented, including recommendations— (A) to improve coordination among 200 Federal efforts to address diet-related chronic illnesses; (B) to encourage the use of lower-risk alternatives to radiation technology; and (C) to clarify statutory authorities for low-level nuclear waste disposal to make that disposal more cost-effective. (b) Sense of Congress It is the sense of Congress that— (1) it is the responsibility of Congress and the executive branch to take action to implement recommendations made in the annual reports described in subsection (a)(1) on reducing duplication in Federal programs to be good stewards of taxpayer dollars; (2) legislation and adequate resources are needed to ensure that all potential financial benefits are realized from the implementation of those recommendations; and (3) while some recommendations for congressional action from previous reports have been resolved, Congress must continue to pursue the recommendations that have gone unaddressed in addition to the new recommendations for action presented in the 2022 report described in subsection (a)(2). 3. Increasing coordination among Federal efforts designed to address diet-related chronic health conditions to achieve cost-savings and improve health outcomes (a) Strategy The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, shall develop and implement a strategy to coordinate Federal, diet-related efforts that aim to reduce the risk of chronic health conditions among the people of the United States. The strategy shall— (1) identify an entity within the Department of Health and Human Services to lead the effort to implement the strategy; (2) address diet-related chronic health conditions that include— (A) obesity; (B) cardiovascular disease and related risk; (C) diabetes; (D) cancer; and (E) conditions related to bone and muscle health; (3) include a plan to coordinate the 200 Federal efforts identified in the report of the Government Accountability Office entitled Chronic Health Conditions: Federal Strategy Needed to Coordinate Diet-Related Efforts , numbered GAO–21–593, and dated August 17, 2021, including efforts related to research, education and clinical services, food assistance and access, and regulatory action; (4) describe the role of relevant agency heads in ensuring that their agencies assist with coordinating the 200 Federal efforts identified in the report described in paragraph (3); (5) identify potential gaps and overlap in and among existing efforts; (6) define desired outcomes and establish performance measures to monitor progress toward achieving those outcomes; and (7) identify priorities for resource allocation. (b) Report Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, shall submit a report on the implementation of the strategy described in subsection (a), including progress toward achieving outcomes, to— (1) the Committee on Health, Education, Labor, and Pensions of the Senate; (2) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (3) the Committee on Homeland Security and Governmental Affairs of the Senate; (4) the Committee on Energy and Commerce of the House of Representatives; (5) the Committee on Ways and Means of the House of Representatives; and (6) the Committee on Oversight and Reform of the House of Representatives. 4. Reducing American reliance on radiation technology in favor of lower-risk alternatives (a) Byproduct material Section 81 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2111 ) is amended by adding at the end the following: d. Consideration of alternative technologies (1) Definitions In this subsection: (A) Radiation source The term radiation source has the meaning given the term in section 170H a. (B) Radionuclide of concern The term radionuclide of concern means a radionuclide that, in the determination of the Commission, is sufficiently attractive for use in a radiological dispersal device or for any other malicious purpose such that an alternative to the use of that radionuclide by a licensee under this section should be considered. (2) Alternatives to radionuclides of concern In issuing licenses under this section, the Commission shall consider alternatives to devices or processes that employ radionuclides of concern as a radiation source. (3) Regulations (A) In general Not later than 1 year after the date of enactment of this subsection, the Commission shall publish a notice of proposed rulemaking describing how the Commission will incorporate into the licensing process of the Commission under this section consideration of alternatives to devices or processes that employ radionuclides of concern as a radiation source. (B) Requirements In carrying out subparagraph (A), the Commission shall consider, at a minimum— (i) directing potential licensees to justify any need for technologies employing a radiation source when a nonradiological alternative is available and viable; and (ii) directing potential licensees to consult with other Government agencies about alternative technologies before the Commission will consider the application of the potential licensee. (C) Consultation and coordination In developing regulations under this paragraph, the Commission shall consult and coordinate with the task force established by section 170H h.(2), as necessary. . (b) Radiation source protection Section 170H of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210h ) is amended by adding at the end the following: h. Alternatives to devices or processes that employ radiation sources (1) Sense of Congress It is the sense of Congress that Government agencies should— (A) exercise the authorities provided to those agencies to achieve maximum reduction in the use of devices or processes that employ radiation sources; and (B) wherever possible, promote the use of comparable alternatives to those devices or processes that do not employ radiation sources. (2) Task force on alternatives to devices or processes that employ radiation sources (A) Establishment There is established a task force on alternatives to devices or processes that employ radiation sources (referred to in this subsection as the alternatives task force ). (B) Chair The chair of the alternatives task force shall be the Director of the Office of Science and Technology Policy (or a designee) (referred to in this subsection as the Chair ). (C) Membership The membership of the task force shall consist of— (i) the Chair; (ii) the Chairman of the Nuclear Regulatory Commission (or a designee); (iii) the Secretary of Agriculture (or a designee); (iv) the Secretary of Energy (or a designee); (v) the Administrator of the Environmental Protection Agency (or a designee); (vi) the Secretary of Health and Human Services (or a designee); (vii) the Commissioner of Food and Drugs (or a designee); and (viii) the Secretary of Veterans Affairs (or a designee). (3) National strategy (A) In general Not later than 2 years after the date of enactment of this subsection, the alternatives task force shall develop, publish, and implement a national strategy— (i) to maximally reduce the use of devices or processes that employ radiation sources; and (ii) to promote the use of alternatives to those devices or processes that perform some or all of the same functions. (B) Contents The strategy developed under subparagraph (A) shall include all the desirable characteristics of national strategies that have been identified by the Government Accountability Office, including— (i) specific goals and performance measures; (ii) clear roles for government and nongovernment entities; and (iii) proposals to provide relevant authorities to execute those roles. . 5. Eliminating red tape to allow experts to less expensively dispose of low-level nuclear waste Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 50 U.S.C. 2602 note) is amended— (1) by striking subsections (c) and (d) and inserting the following new subsections: (c) Covered States (1) For purposes of this section, the following States are covered States: (A) The State of Idaho. (B) The State of South Carolina. (C) The State of Washington. (2) Subsection (a) shall not apply to any material otherwise covered by that subsection that is transported from the State of Idaho or the State of South Carolina. (d) Low-Level waste offsite disposal project at Hanford site (1) The Secretary shall carry out the Low-Level Waste Offsite Disposal project to demonstrate the feasibility of grouting supplemental low-activity waste from the Hanford Site, Richland, Washington. (2) The Secretary may classify the waste corresponding to the Low-Level Waste Offsite Disposal project in accordance with this section. (3) Waste corresponding to the Low-Level Waste Offsite Disposal project that is reclassified under this section for disposal outside of the State of Washington— (A) may be land-disposed if the State receiving the waste permits the disposal of such waste; and (B) notwithstanding sections 268.40 and 268.42 of title 40, Code of Federal Regulations (or successor regulations) and as incorporated by reference in section 173–303–140 of title 173, Washington Administrative Code, is not required to be treated to the HLVIT standard (within the meaning of section 268.42(a) of title 40, Code of Federal Regulations (or a successor regulation)) prior to such disposal. (4) In this subsection, the term Low-Level Waste Offsite Disposal project means the second phase of the test bed initiative of the Office of Environmental Management at the Hanford Site, which intends— (A) to pretreat approximately 2,000 gallons of liquid tank waste; (B) to immobilize the waste at an off-site commercial facility; and (C) to transport the immobilized mixed low-level waste out of the State of Washington for disposal. ; and (2) by striking subsection (e)(2) and inserting the following new paragraph: (2) With the exception of subsection (d)(3)(B), nothing in this section establishes any precedent or is binding on the State of Oregon or any other State not covered by subsection (c) for the management, storage, treatment, and disposition of radioactive and hazardous materials. . | https://www.govinfo.gov/content/pkg/BILLS-117s4765is/xml/BILLS-117s4765is.xml |
117-s-4766 | II 117th CONGRESS 2d Session S. 4766 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mrs. Fischer (for herself and Mr. Padilla ) 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 revise the rules for approval by the Secretary of Veterans Affairs of commercial driver education programs for purposes of veterans educational assistance, and for other purposes.
1. Modification of rules for approval of commercial driver education programs for purposes of veterans educational assistance (a) In general Section 3680A(e) of title 38, United States Code, is amended— (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) though (C), respectively; (2) in the matter before subparagraph (A), as redesignated by paragraph (1), by inserting (1) before The Secretary ; (3) in paragraph (1)(B), as redesignated by paragraph (1), by inserting except as provided in paragraph (2), before the course ; and (4) by adding at the end the following new paragraph (2): (2) (A) Subject to this paragraph, a commercial driver education program is exempt from paragraph (1)(B) for a branch of an educational institution if the commercial driver program offered at the branch by the educational institution— (i) is appropriately licensed; and (ii) uses the same curriculum as a commercial driver education program offered by the educational institution at another location that is approved for purposes of this chapter by a State approving agency or the Secretary when acting in the role of a State approving agency. (B) (i) In order for a commercial driver education program of an educational institution offered at a branch described in paragraph (1)(B) to be exempt under subparagraph (A) of this paragraph, the educational institution shall submit to the Secretary each year that paragraph (1)(B) would otherwise apply a report that demonstrates that the curriculum at the new branch is the same as the curriculum at the primary location. (ii) Reporting under clause (i) shall be submitted in accordance with such requirements as the Secretary shall establish in consultation with the State approving agencies. (C) (i) The Secretary may withhold an exemption under subparagraph (A) for any educational institution or branch of an educational institution as the Secretary considers appropriate. (ii) In making any determination under clause (i), the Secretary may consult with the Secretary of Transportation on the performance of a provider of a commercial driver program, including the status of the provider within the Training Provider Registry of the Federal Motor Carrier Safety Administration when appropriate. . (b) Implementation (1) Establishment of requirements Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish requirements under section 3680A(e)(2)(B)(ii) of such title, as added by subsection (a). (2) Applicability The amendments made by subsection (a) shall apply to commercial driver education programs on and after the date that is 180 days after the date on which the Secretary establishes the requirements under paragraph (1) of this subsection. | https://www.govinfo.gov/content/pkg/BILLS-117s4766is/xml/BILLS-117s4766is.xml |
117-s-4767 | II 117th CONGRESS 2d Session S. 4767 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Wicker (for himself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To close the digital divide, and for other purposes.
1. Short title This Act may be cited as the Proper Leadership to Align Networks for Broadband Act or the PLAN for Broadband Act . 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (2) Covered agencies The term covered agencies means— (A) the Federal Communications Commission; (B) the Department of Agriculture; (C) the National Telecommunications and Information Administration; (D) the Department of Health and Human Services; (E) the Appalachian Regional Commission; (F) the Delta Regional Authority; (G) the Economic Development Administration; (H) the Department of Education; (I) the Department of the Treasury; (J) the Department of Transportation; (K) the Institute of Museum and Library Services; (L) the Northern Border Regional Commission; (M) the Department of Housing and Urban Development; and (N) the Department of the Interior. (3) Federal broadband program The term Federal broadband program means any program administered by a covered agency that is directly or indirectly intended to increase the deployment of, access to, the affordability of, or the adoption of broadband internet access service. (4) Implementation plan The term Implementation Plan means the implementation plan developed under section 4(a). (5) Strategy The term Strategy means the National Strategy to Close the Digital Divide developed under section 3(a). 3. Strategy to Improve the Coordination and Management of Federal Broadband Programs (a) In general Not later than 1 year after the date of enactment of this Act, the President, in consultation with the heads of the covered agencies, shall develop and submit to the appropriate committees of Congress a National Strategy to Close the Digital Divide to— (1) support better management of Federal broadband programs to deliver on the goal of providing high speed, affordable broadband internet access service to all individuals in the United States; (2) synchronize interagency coordination among covered agencies for Federal broadband programs; (3) synchronize interagency coordination regarding the process for approving the grant of an easement, right of way, or lease to, in, over, or on a building or any other property owned by the Federal Government for the right to install, construct, modify, or maintain infrastructure with respect to broadband internet access service; and (4) reduce barriers, lower costs, and ease administrative burdens for State, local, and Tribal governments to participate in Federal broadband programs. (b) National Strategy To Close the Digital Divide The Strategy shall— (1) list all— (A) Federal broadband programs; and (B) programs that exist at the State and local levels that are directly or indirectly intended to increase the deployment of, access to, the affordability of, or the adoption of broadband internet access service; (2) describe current, as of the date on which the Strategy is submitted, Federal efforts to coordinate Federal broadband programs; (3) identify gaps and limitations, including laws, that hinder, or may hinder, coordination across Federal broadband programs; (4) establish clear roles and responsibilities for the heads of the covered agencies, as well as clear goals, objectives, and performance measures, for— (A) the management of all Federal broadband programs; and (B) interagency coordination efforts with respect to Federal broadband programs; (5) address the cost of the Strategy, the sources and types of resources and investments needed to carry out the Strategy, and where those resources and investments should be targeted based on balancing risk reductions with costs; (6) address factors that increase the costs and administrative burdens for State, local, and Tribal governments with respect to participation in Federal broadband programs; (7) recommend incentives, legislative solutions, and administrative actions to help State, local, and Tribal governments more efficiently— (A) distribute, and effectively administer, funding received from Federal broadband programs; and (B) resolve conflicts with respect to the funding described in subparagraph (A); (8) recommend incentives, legislative solutions, and administrative actions to— (A) improve the coordination and management of Federal broadband programs; and (B) eliminate duplication with respect to Federal broadband programs; (9) describe current, as of the date on which the Strategy is submitted, efforts by covered agencies to streamline the process for granting access to an easement, right of way, or lease to, in, over, or on a building or any other property owned by the Federal Government for the right to install, construct, modify, or maintain infrastructure with respect to broadband internet access service; (10) identify gaps and limitations with respect to allowing regional, interstate, or cross-border economic development organizations to participate in Federal broadband programs; and (11) address specific issues relating to closing the digital divide on Tribal lands. (c) Public Consultation In developing the Strategy, the President shall consult with— (1) groups that represent consumers or the interests of the public, including economically or socially disadvantaged individuals; (2) subject matter experts; (3) providers of broadband internet access service; (4) Tribal entities; and (5) State and local agencies and entities with respect to broadband internet access service. 4. Strategy Implementation Plan (a) In general Not later than 120 days after the date on which the President submits the Strategy to the appropriate committees of Congress under section 3(a), the President, in coordination with the Assistant Secretary of Commerce for Communications and Information, shall develop and submit to the appropriate committees of Congress an implementation plan for the Strategy. (b) Implementation plan The Implementation Plan shall, at a minimum— (1) provide a plan for implementing the roles, responsibilities, goals, objectives, and performance measures for the management of Federal broadband programs and interagency coordination efforts identified in the Strategy; (2) provide a plan for holding the covered agencies accountable for the roles, responsibilities, goals, objectives, and performance measures identified in the Strategy; (3) describe the roles and responsibilities of the covered agencies, and the interagency mechanisms, to coordinate the implementation of the Strategy; (4) provide a plan for regular meetings among the heads of the covered agencies to coordinate the implementation of the Strategy and improve coordination among Federal broadband programs and for permitting processes for infrastructure with respect to broadband internet access service; (5) provide a plan for regular engagement with interested members of the public to evaluate Federal broadband programs, permitting processes for infrastructure with respect to broadband internet access service, and the progress for the implementation of the Strategy; (6) with respect to the awarding of Federal funds or subsidies to support the deployment of broadband internet access service, provide a plan for the adoption of— (A) common data sets regarding those awards, including a requirement that covered agencies use the maps created under title VIII of the Communications Act of 1934 ( 47 U.S.C. 641 et seq. ); and (B) applications regarding those awards, as described in section 903(e) of the ACCESS BROADBAND Act ( 47 U.S.C. 1307(e) ); (7) provide a plan to monitor and reduce waste, fraud, and abuse in Federal broadband programs, including wasteful spending resulting from fragmented, overlapping, and unnecessarily duplicative programs; (8) require consistent obligation and expenditure reporting by covered agencies for Federal broadband programs, which shall be consistent with section 903(c)(2) of the ACCESS BROADBAND Act ( 47 U.S.C. 1307(c)(2) ); (9) provide a plan to increase awareness of, and participation and enrollment in, Federal broadband programs relating to the affordability and adoption of broadband internet access service; and (10) describe the administrative and legislative action that is necessary to carry out the Strategy. (c) Public comment Not later than 30 days after the date on which the President submits the Strategy to the appropriate committees of Congress under section 3(a), the President shall seek public comment regarding the development and implementation of the Implementation Plan. 5. Briefings and Implementation (a) Briefing Not later than 21 days after the date on which the President submits the Implementation Plan to the appropriate committees of Congress under section 4(a), the President, and appropriate representatives from the covered agencies involved in the formulation of the Strategy, shall provide a briefing on the implementation of the Strategy to the appropriate committees of Congress. (b) Implementation (1) In general The President and the Assistant Secretary of Commerce for Communications and Information shall— (A) implement the Strategy in accordance with the terms of the Implementation Plan; and (B) not later than 90 days after the date on which the President begins to implement the Strategy, and not less frequently than once every 90 days thereafter until the date on which the Implementation Plan is fully implemented, brief the appropriate committees of Congress on the progress in implementing the Implementation Plan. (2) Rule of Construction Nothing in this subsection may be construed to affect the authority or jurisdiction of the Federal Communications Commission or confer upon the President or any executive agency the power to direct the actions of the Federal Communications Commission, either directly or indirectly. 6. Government Accountability Office Studies and Reports Not later than 1 year after the date on which the President submits the Implementation Plan to the appropriate committees of Congress under section 4(a), the Comptroller General of the United States shall commence a study— (1) that shall— (A) examine the efficacy of the Strategy and the Implementation Plan in closing the digital divide; and (B) make recommendations regarding how to improve the Strategy and the Implementation Plan; and (2) the results of which the Comptroller General shall submit to the appropriate committees of Congress. | https://www.govinfo.gov/content/pkg/BILLS-117s4767is/xml/BILLS-117s4767is.xml |
117-s-4768 | II 117th CONGRESS 2d Session S. 4768 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Wyden (for himself, Mr. Schumer , Mrs. Murray , Ms. Stabenow , Mr. Casey , Mr. Padilla , Ms. Hirono , Mr. Booker , Ms. Klobuchar , Mr. Reed , Mr. Warnock , Mrs. Feinstein , Mr. Blumenthal , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to tax excess profits of large oil and gas companies, to impose a tax on the repurchase of stock by large oil and gas companies, to end the use of the LIFO method of accounting by large oil and gas trades or businesses, and for other purposes.
1. Short title This Act may be cited as the Taxing Big Oil Profiteers Act . 2. Tax on excess profits of certain taxpayers from oil and gas (a) In general Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: VIII Windfall profits from oil and gas Sec. 59B. Tax on oil and gas excess profits. 59B. Tax on oil and gas excess profits (a) Imposition of tax (1) In general In addition to any other tax imposed under this chapter, there is hereby imposed on each applicable taxpayer for any taxable year a tax equal to 21 percent of the excess profits of such taxpayer for such taxable year. (2) Excess profits For purposes of this subsection, the term excess profits means, with respect to any taxable year, the excess of— (A) the current profits of the taxpayer for the taxable year, over (B) the normal return of the taxpayer for the taxable year. (b) Applicable taxpayer For purposes of this section— (1) In general The term applicable taxpayer means, with respect to any taxable year, any person if— (A) the average annual gross receipts of such person for the 3-taxable-year period ending with the taxable year which precedes such taxable year equals or exceeds $1,000,000,000, and (B) such person is primarily engaged in 1 or more oil or natural gas trades or businesses during the taxable year. (2) Special rules for applicable entities (A) In general If an entity is an applicable entity (as defined in subsection (e)) for any taxable year— (i) except as provided in paragraphs (1)(A) and (2)(B) of subsection (e), such entity shall not be treated as an applicable taxpayer for purposes of this section, but (ii) any allocable share of a covered taxpayer of any excess profits of such entity for such taxable year (as determined under subsection (e)) shall be taken into account by such taxpayer under subsection (a)(1)— (I) as excess profits of such taxpayer for the taxable year of such taxpayer with or within which such taxable year of such entity ends, and (II) in the same manner as if such taxpayer were an applicable taxpayer. (B) Covered taxpayer For purposes of this section, the term covered taxpayer means, with respect to any taxable year— (i) a taxpayer who is an individual (other than an estate or trust) and whose adjusted gross income for such taxable year exceeds $400,000 ($200,000 in the case of a married individual filing separately), (ii) an estate or trust, or (iii) a C corporation which is not an applicable taxpayer. (3) Oil or natural gas trade or business The term oil or natural gas trade or business means any trade or business that consists of one or more of the following: (A) The production of oil or natural gas. (B) The refining of oil or natural gas. (C) The processing of oil or natural gas. (D) The transportation of oil or natural gas. (E) The distribution of oil or natural gas. (4) Applicable rules relating to gross receipts For purposes of paragraph (1)(A)— (A) except as provided in subsection (f), there shall be taken into account only gross receipts which are effectively connected with the conduct of a trade or business within the United States, the Commonwealth of Puerto Rico, or any possession of the United States, and (B) rules similar to the rules of paragraphs (2) and (3) of section 448(c) shall apply. (c) Current profits For purposes of this section, the term current profits means, with respect to any applicable taxpayer for any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: (1) No net operating loss deduction No net operating loss deduction shall be allowed. (2) Deduction for employee remuneration (A) In general Section 162(m) shall be applied— (i) by substituting In the case of any applicable taxpayer (as defined in section 59B) for In the case of any publicly held corporation in paragraph (1) thereof, (ii) by substituting covered individual (as defined in section 59B(c)(2)(B)) for covered employee each place it appears in paragraphs (1) and (4) thereof, and (iii) by treating any reference to an employee in paragraphs (1) and (4) thereof as a reference to an individual . (B) Covered individual For purposes of applying this paragraph to section 162(m), the term covered individual means any individual who— (i) is an officer, director, or employee of the applicable taxpayer for the taxable year, or (ii) performed services for the applicable taxpayer during the taxable year. For purposes of clause (i), any employee who is treated as an employee of the applicable taxpayer under subsection (b) or (c) of section 414 shall be treated as an employee for purposes of this subparagraph. (3) Certain foreign income Except as provided in subsection (f)— (A) Certain income excluded In determining gross income— (i) subpart F income and global intangible low-taxed income included in gross income under sections 951 and 951A shall not be taken into account, and (ii) foreign-derived intangible income (as defined in section 250) shall not be taken into account unless such income is domestic oil-related income which is derived from oil or gas which is exported from the United States. For purposes of clause (ii), the term domestic oil-related income means income (other than dividend or interest income which is passive income (as defined in section 904(d)(2)(A)) derived from sources within the United States or its possessions from activities described in subparagraphs (A) through (E) of section 907(c)(2). (B) Denial of section 250 deduction No deduction shall be allowed under section 250. (d) Normal return For purposes of this section, the term normal return means, with respect to any applicable taxpayer for any taxable year, an amount equal to 10 percent of the excess of— (1) the gross receipts of the taxpayer taken into account in computing the taxpayer's current profits for the taxable year, including the taxpayer's allocable share of any gross receipts of a partnership, S corporation, or other pass-thru entity specified by the Secretary under subsection (e)(2)(A), over (2) the current profits of the taxpayer for the taxable year. (e) Definitions and rules relating to applicable entities For purposes of this section— (1) In general An applicable entity for any taxable year shall— (A) compute the current profits, normal return, and excess profits of such entity for such taxable year in the same manner as if such entity were an applicable taxpayer, except that subsection (c) shall be applied by substituting the entity's non-separately stated taxable income for the entity's taxable income , and (B) report to each partner, shareholder, or other holder of an ownership interest in such entity its allocable share of the entity's excess profits. (2) Applicable entity The term applicable entity means, with respect to any taxable year, an entity— (A) which is a partnership, S corporation, or other pass-thru entity specified by the Secretary, and (B) with respect to which the requirements of subparagraphs (A) and (B) of subsection (b)(1) are met for such taxable year, determined in the same manner as if such entity were an applicable taxpayer. (3) Allocable share A person's allocable share of the excess profits shall be determined in the same manner as— (A) in the case of a partnership, such person's distributive share of the non-separately stated taxable income of the partnership, (B) in the case of an S corporation, such person's pro rata share of the non-separately stated taxable income of the S corporation, and (C) in the case of any other pass-thru entity, such person's share (as determined under rules prescribed by the Secretary) of the non-separately stated taxable income of the entity. (4) Non-separately stated taxable income The term non-separately stated taxable income means taxable income computed under— (A) section 703(a) in the case of a partnership, (B) section 1366(a)(1)(B) in the case of an S corporation, and (C) rules prescribed by the Secretary in the case of any other pass-thru entity. (f) Rules for certain foreign income attributable to imports into the United States For purposes of this section— (1) In general In the case of any oil and gas import income of an applicable taxpayer for any taxable year— (A) in computing such taxpayer's current profits for such taxable year— (i) such oil and gas import income (and any deductions allocable to such income) shall be taken into account, and (ii) subsection (c)(3) shall not apply to any subpart F income, global intangible low-taxed income, or foreign-derived intangible income of such taxpayer to the extent such income is attributable to such oil and gas import income, and (B) gross receipts taken into account in computing such oil and gas import income shall be taken into account in computing the gross receipts of such taxpayer for purposes of subsection (b)(1)(A) . (2) Oil and gas import income (A) Controlled foreign corporations In the case of a United States shareholder of a controlled foreign corporation, the term oil and gas import income means, with respect to such shareholder for such taxable year, such shareholder's pro rata share of combined foreign oil and gas income of the controlled foreign corporation which is derived from oil and gas imported into the United States. (B) Authority to include other income The Secretary may prescribe such regulations or other guidance to include in oil and gas import income of an applicable taxpayer its pro rata share of any combined foreign oil and gas income of any person related to the taxpayer (other than a controlled foreign corporation) which is derived from oil and gas imported into the United States if the Secretary determines such inclusion is necessary to prevent the avoidance of the tax imposed by this section. (3) Definitions and special rules (A) In general The term combined foreign oil and gas income has the meaning given such term by section 907(b)(1), except that in applying paragraphs (1) and (2) of section 907(c) for purposes of section 907(b)(1), the term income shall be substituted for taxable income each place it appears. (B) Pro rata share An applicable taxpayer's pro rata share of any oil and gas import income shall be determined under rules similar to the rules under section 951(a)(2). (C) Prevention of double counting Oil and gas import income (and any deductions allocable to such income) shall not be taken into account under paragraph (1) to the extent already taken into account. (g) Regulations or other guidance The Secretary shall prescribe such regulations or other guidance as is necessary to carry out this section, including regulations or other guidance for the application of subsections (b)(2) and (e), including regulations or other guidance— (1) for the application of such subsections in the case of tiered entities, (2) for determining a person's allocable share where the non-separately stated taxable income of an entity is a loss, and (3) providing rules for the reporting, including through tiered entities, of excess profits. (h) Termination This section shall not apply to any taxable year beginning after December 31, 2025. . (b) Tax not taken into account in computing estimated tax Paragraph (1) of section 6654(f) of the Internal Revenue Code of 1986 is amended by inserting 59B or before 143(m) . (c) Conforming amendment The table of subchapters for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: PART VIII—Windfall profits from oil and gas . (d) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (e) Tax treated as rate change For purposes of section 15(a) of the Internal Revenue Code of 1986, the tax imposed by the amendments made by this section shall be treated in the same manner as a change in the rate of tax under chapter 1 of such Code. 3. Excise tax on repurchase of corporate stock (a) In general Subtitle D of the Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: 37 Repurchase of corporate stock Sec. 4502. Repurchase of corporate stock by oil and gas companies. 4502. Repurchase of corporate stock by oil and gas companies (a) General rule There is hereby imposed on each covered corporation a tax equal to 25 percent of the fair market value of any stock of the corporation which is repurchased by such corporation during the taxable year. (b) Covered corporation For purposes of this section, the term covered corporation means, with respect to any repurchase, any domestic corporation— (1) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), and (2) which is an applicable taxpayer (as defined in section 59B) for the taxable year in which such repurchase occurs. (c) Repurchase For purposes of this section— (1) In general The term repurchase means— (A) a redemption within the meaning of section 317(b) with regard to the stock of a covered corporation, and (B) any transaction determined by the Secretary to be economically similar to a transaction described in subparagraph (A). (2) Treatment of purchases by specified affiliates (A) In general The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. (B) Specified affiliate For purposes of this section, the term specified affiliate means, with respect to any corporation— (i) any corporation more than 50 percent of the stock of which is owned (by vote or by value), directly or indirectly, by such corporation, and (ii) any partnership more than 50 percent of the capital interests or profits interests of which is held, directly or indirectly, by such corporation. (3) Adjustment The amount taken into account under subsection (a) with respect to any stock repurchased by a covered corporation shall be reduced by the fair market value of any stock issued by the covered corporation during the taxable year, including the fair market value of any stock issued or provided to employees of such covered corporation or a specified affiliate of such covered corporation during the taxable year, whether or not such stock is issued or provided in response to the exercise of an option to purchase such stock. (d) Special rules for acquisition of stock of certain foreign corporations (1) In general In the case of an acquisition of stock of an applicable foreign corporation by a specified affiliate of such corporation (other than a foreign corporation or a foreign partnership (unless such partnership has a domestic entity as a direct or indirect partner)) from a person who is not the applicable foreign corporation or a specified affiliate of such applicable foreign corporation, for purposes of this section— (A) such specified affiliate shall be treated as a covered corporation with respect to such acquisition, (B) such acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation, and (C) the adjustment under subsection (c)(3) shall be determined only with respect to stock issued or provided by such specified affiliate to employees of the specified affiliate. (2) Surrogate foreign corporations In the case of a repurchase of stock of a covered surrogate foreign corporation by such covered surrogate foreign corporation, or an acquisition of stock of a covered surrogate foreign corporation by a specified affiliate of such corporation, for purposes of this section— (A) the expatriated entity with respect to such covered surrogate foreign corporation shall be treated as a covered corporation with respect to such repurchase or acquisition, (B) such repurchase or acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation, and (C) the adjustment under subsection (c)(3) shall be determined only with respect to stock issued or provided by such expatriated entity to employees of the expatriated entity. (3) Definitions For purposes of this subsection— (A) Applicable foreign corporation The term applicable foreign corporation means any foreign corporation— (i) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), and (ii) with respect to which requirements of subparagraphs (B) and (C) of subsection (b)(1) are met with respect such corporation, except that in applying such subparagraphs, the taxable year of the acquisition of stock shall be substituted for the taxable year of purchase of stock. (B) Covered surrogate foreign corporation The term covered surrogate foreign corporation means any foreign corporation— (i) which is a surrogate foreign corporation (as determined under section 7874(a)(2)(B) by substituting September 20, 2021 for March 4, 2003 each place it appears) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section 7874(d)(1), and (ii) with respect to which requirements of subparagraphs (B) and (C) of subsection (b)(1) are met with respect to the taxable year of the repurchase of stock of such corporation. (C) Expatriated entity The term expatriated entity has the meaning given such term by section 7874(a)(2)(A). (e) Exceptions Subsection (a) shall not apply— (1) to the extent that the repurchase is part of a reorganization (within the meaning of section 368(a)) and no gain or loss is recognized on such repurchase by the shareholder under chapter 1 by reason of such reorganization, (2) in any case in which the stock repurchased is, or an amount of stock equal to the value of the stock repurchased is, contributed to an employer-sponsored retirement plan, employee stock ownership plan, or similar plan, (3) in any case in which the total value of the stock repurchased during the taxable year does not exceed $1,000,000, (4) to repurchases by a regulated investment company (as defined in section 851) or a real estate investment trust, or (5) to the extent that the repurchase is treated as a dividend for purposes of this title. (f) Regulations and guidance The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance— (1) to prevent the abuse of the exceptions provided by subsection (e), (2) to address special classes of stock and preferred stock, and (3) for the application of the rules under subsection (d). (g) Termination This section shall not apply to repurchases after December 31, 2025. . (b) Tax not deductible Paragraph (6) of section 275(a) of the Internal Revenue Code of 1986 is amended by inserting 37, before 41 . (c) Clerical amendment The table of chapters for subtitle D of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following new item: Chapter 37—Repurchase of corporate stock . (d) Effective date The amendments made by this section shall apply to repurchases (within the meaning of section 4502(c) of the Internal Revenue Code of 1986, as added by this section) of stock after the date of the enactment of this Act. 4. Termination of LIFO inventories for certain oil and gas companies (a) In general Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Termination for oil and natural gas companies (1) Termination Except as provided in paragraph (2), subsection (a) shall not apply to any trade or business primarily consisting of one or more of the following: (A) The production of oil or natural gas. (B) The refining of oil or natural gas. (C) The processing of oil or natural gas. (D) The transportation of oil or natural gas. (E) The distribution of oil or natural gas. (2) Exception (A) In general Paragraph (1) shall not apply to any trade or business of a person for any taxable year if the average annual gross receipts of all trades or businesses of such person for the 3-taxable-year period ending with the taxable year which precedes such taxable year does not exceed $1,000,000,000. (B) Applicable rules For purposes of subparagraph (A) rules similar to the rules of paragraphs (2) and (3) of section 448(c) shall apply. . (b) Change in method of accounting If any taxpayer is required by the amendments made by this section to change its method of accounting in taxable years beginning after December 31, 2022, then, for purposes of section 481 of the Internal Revenue Code of 1986— (1) such change shall be treated as initiated by the taxpayer; and (2) such change shall be treated as made with the consent of the Secretary of the Treasury. (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-117s4768is/xml/BILLS-117s4768is.xml |
117-s-4769 | II 117th CONGRESS 2d Session S. 4769 IN THE SENATE OF THE UNITED STATES August 4, 2022 Ms. Rosen (for herself, Mr. Cruz , Mr. Hickenlooper , Mr. Scott of Florida , Ms. Sinema , and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to authorize and modernize the registered traveler program of the Transportation Security Administration, and for other purposes.
1. Short title This Act may be cited as the Registered Traveler Act of 2022 . 2. Registered traveler program (a) In general Subchapter I of chapter 449 of title 49, United States Code, is amended by inserting after section 44920 the following: 44920a. Registered Traveler Program (a) In general The Administrator of the Transportation Security Administration— (1) shall establish and maintain the Registered Traveler Program; and (2) may issue rules consistent with security requirements established under the Registered Traveler Program airport security plan amendment issued by the Administration to airports and airlines to carry out this section. (b) Reimbursement (1) In general The Administrator may accept reimbursement from a private entity operating under the Registered Traveler Program for actual expenses incurred by the Administration for staffing, equipment, and any other resources that are in addition to the staffing, equipment, and other resources that are necessary to carry out this section. (2) Treatment of reimbursements The Administrator shall deposit any reimbursement accepted under subparagraph (A) to the account providing appropriations to the Administration. (c) Rules of construction Nothing in this section may be construed to diminish the authority of the Administrator under this title to establish and enforce regulations for transportation security. . (b) Clerical amendment The chapter analysis for chapter 449 of title 49, Untied States Code, is amended by inserting after the item relating to section 44920 the following: 44920a. Registered Traveler Program. . | https://www.govinfo.gov/content/pkg/BILLS-117s4769is/xml/BILLS-117s4769is.xml |
117-s-4770 | II 117th CONGRESS 2d Session S. 4770 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Marshall (for himself, Mrs. Blackburn , Mr. Braun , Mr. Daines , Mrs. Hyde-Smith , Mr. Inhofe , Mr. Lankford , Mr. Lee , Mr. Wicker , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit any employee or contractor of U.S. Immigration and Customs Enforcement or the Department of Health and Human Services from transporting any alien across State lines for the purpose of procuring an abortion for such alien.
1. Short title This Act may be cited as the No Taxpayer Funds for Illegal Alien Abortions Act . 2. Restriction on the transportation of aliens Notwithstanding any other provision of law, an employee or contractor of U.S. Immigration and Customs Enforcement or the Department of Health and Human Services, acting within the scope of the individual's employment or contract, may not transport, or arrange for the transportation of, any alien who is unlawfully present in the United States across any State line for the purpose of procuring an abortion for such alien. 3. Limitations on the use of Federal funds for abortions No funds authorized or appropriated by Federal law for U.S. Immigration and Customs Enforcement or for the Department of Health and Human Services may be used or made available— (1) to pay for an abortion, except in instances in which— (A) the life of the mother would be endangered if the fetus were carried to term; or (B) the pregnancy was the result of rape or incest; or (2) to require any person to perform, or to facilitate in any way the performance of, any abortion. | https://www.govinfo.gov/content/pkg/BILLS-117s4770is/xml/BILLS-117s4770is.xml |
117-s-4771 | II 117th CONGRESS 2d Session S. 4771 IN THE SENATE OF THE UNITED STATES August 4, 2022 Ms. Cortez Masto 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 Act of 1992 to provide for direct loans to Indian tribes and tribal energy development organizations for energy development, and for other purposes.
1. Short title This Act may be cited as the Tribal Energy Investment Act of 2022 . 2. Direct loans (a) In general Section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) ) is amended— (1) in the subsection heading, by inserting direct loan and after Energy ; (2) in paragraph (1)— (A) by striking provide loan guarantees and inserting the following: provide— (A) loan guarantees ; (B) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (B) direct loans (as defined in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a )) to an Indian tribe or a tribal energy development organization for energy development. ; (3) in paragraph (2), by inserting or a direct loan after loan guarantee ; (4) by striking paragraph (4) and inserting the following: (4) Aggregate outstanding amount The sum of the aggregate outstanding amount guaranteed and the aggregate outstanding amount of direct loans provided under paragraph (1) at any time shall not exceed $2,000,000,000. ; and (5) by adding at the end the following: (8) Federal Financing Bank A direct loan provided under this subsection shall be made through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest of the loan. . (b) Previous funding Amounts appropriated or otherwise made available for the cost of loan guarantees made pursuant to section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) ) as in effect on the day before the date of enactment of this Act may also be made available for the cost of direct loans made pursuant to that subsection as of the date of enactment of this Act. 3. Report on certain Department of Energy loan guarantees (a) In general Section 1702(q) of the Energy Policy Act of 2005 ( 42 U.S.C. 16512(q) ) is amended— (1) in the matter preceding paragraph (1), by striking 3 and inserting 2 ; (2) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (3) by inserting after paragraph (7) the following: (8) the amount available to the Secretary to make guarantees under this title; . (b) Technical amendment Section 1702 of the Energy Policy Act of 2005 ( 42 U.S.C. 16512 ) is amended by redesignating the second subsection (r) (relating to State Energy Financing Institutions) as subsection (s). | https://www.govinfo.gov/content/pkg/BILLS-117s4771is/xml/BILLS-117s4771is.xml |
117-s-4772 | II 117th CONGRESS 2d Session S. 4772 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require institutions of higher education participating in Federal financial aid programs to pay a percentage of the cost of attendance for each enrolled full-time student, based on the endowment fund of the institution, and for other purposes.
1. Short title This Act may be cited as the Changing Our Learning, Loans, Endowments, and Graduation Expectations Act or the COLLEGE Act . 2. Cost match requirement Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. ) is amended by adding at the end the following: 494A. Cost match requirement and cost and endowment report (a) Cost match requirement (1) In General For each award year, each institution of higher education participating in a program under this title that has an endowment fund that is maintained for the purpose of generating income for the support of the institution and is greater than $1,000,000,000 shall pay the covered percentage of the cost of attendance for each full-time student enrolled at the institution of higher education. (2) Covered percentage The covered percentage shall be: (A) In the case of an institution of higher education that has an endowment fund that is greater than $1,000,000,000, but less than $5,000,000,000, 25 percent. (B) In the case of an institution of higher education that has an endowment fund that is $5,000,000,000 or greater, but less than $10,000,000,000, 50 percent. (C) In the case of an institution of higher education that has an endowment fund that is $10,000,000,000 or greater, 75 percent. (b) Cost and endowment report Not later than July 1 of each year, each institution of higher education participating in a program under this title shall submit a report to the Secretary containing the following information: (1) The total cost of attendance for a full-time student for the upcoming award year. (2) If the total cost of attendance for the upcoming award year is greater than the cost of attendance for the prior award year— (A) the amount of the increase in the cost of attendance from the prior award year; and (B) an explanation of the basis for such increase. (3) A statement of whether the institution of higher education has an endowment fund, and if so— (A) the amount of the endowment fund as of the date the report is submitted; and (B) the total increase in the amount of the endowment fund over the preceding 4 fiscal quarters, specifying the growth attributable to— (i) contributions to the endowment fund, including charitable donations, gifts, bequests, and similar contributions of money or assets; and (ii) investments of amounts in the endowment fund, including bonds, securities, asset acquisitions or sales, and similar financial investments and transactions. . 3. Program participation agreement Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) The institution will— (A) pay the covered percentage of the cost of attendance for each full-time enrolled student, as described in section 494A(a); and (B) annually submit the cost and endowment report described in section 494A(b). . 4. Risk-sharing payments for Federal Direct Loans Section 454 of the Higher Education Act of 1965 ( 20 U.S.C. 1087d(a) ) is amended— (1) in subsection (a)— (A) in paragraph (5), by striking and after the semicolon; (B) by redesignating paragraph (6) as paragraph (8); and (C) by inserting after paragraph (5) the following: (6) provide that the institution accepts the institutional risk-sharing requirements under subsection (d); ; and (2) by adding at the end the following: (d) Institutional risk-Sharing based on loan default (1) In general Beginning with the first fiscal year that begins after the date of enactment of the COLLEGE Act , and each succeeding fiscal year, each institution of higher education participating in the direct student loan program under this part shall remit to the Secretary, at such times as the Secretary may specify, an institutional risk-sharing payment, as determined under paragraph (2). (2) Determination of risk-sharing payments (A) Determination of cohort loan balance The cohort loan balance of an institution for a fiscal year equals the total principal amount of all loans made under this part to attend such institution for the cohort of borrowers who entered repayment, deferment, or forbearance on such loans in the third preceding fiscal year for which the determination is made. (B) Determination of cohort nonrepayment loan balance The cohort nonrepayment loan balance of an institution for a fiscal year equals, from the total amount of the loans described in subparagraph (A), the total loan balance of those borrowers who have gone into default in the 3 consecutive fiscal years since their loans entered repayment, deferment, or forbearance. (C) Determination of payment The risk-sharing payment of an institution for a fiscal year shall equal, for the first fiscal year after the date of enactment of the COLLEGE Act through the twenty-fifth fiscal year after such date, an amount equal to 1 percent of the cohort nonrepayment loan balance determined under subparagraph (B) through 25 percent of that balance, respectively, for each year. . 5. Program integrity (a) Institutional reporting Section 454 of the Higher Education Act of 1965 ( 20 U.S.C. 1087d ), as amended by section 4, is further amended— (1) in subsection (a), by inserting after paragraph (6) (as added by section 4), the following: (7) provide that the institution will collect and by July 1 of each year report to the Secretary data, in the aggregate and disaggregated by academic major, regarding— (A) the 4-year graduation rate for each academic program offered at the institution; (B) the percentage of graduates who are employed full-time or continuing their education full-time 1, 3, and 5 years after graduating; (C) the median full-time wages of graduates for each academic program 1, 3, and 5 years after graduating; (D) the total cost of tuition and fees for the mandatory credit hours necessary to graduate with a degree for each academic program; (E) the cost to graduate with a degree for each academic program by major (including tuition, fees, room and board, and books and supplies); (F) the average monthly payment due for loans made under part B, D, or E, for graduates of each academic program; (G) the average total student loan debt of graduates for each academic program; and (H) the average 3-year student loan default rate of graduates for each academic program; and ; and (2) by adding at the end the following: (e) Publicly available information The Secretary shall publish and make publicly available the data described in subsection (a)(7). . (b) Program review and data Section 498A(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1099c–1(a)(1) ) is amended by striking title; and inserting title, which shall include annually collecting and reporting, for each institution— (A) the average amount of Federal student loan debt owed for an individual student on the date of graduation from that institution; and (B) the rate of loan deferment, rate of forbearance, rate of default, and rate of delinquency (each expressed separately) for borrowers of all Federal student loans, 5, 7, and 10 years after the borrowers’ date of graduation from the institution; . | https://www.govinfo.gov/content/pkg/BILLS-117s4772is/xml/BILLS-117s4772is.xml |
117-s-4773 | II 117th CONGRESS 2d Session S. 4773 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Sullivan (for himself and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To combat illegal, unreported, and unregulated fishing at its sources globally.
1. Short title This Act may be cited as the Fighting Foreign Illegal Seafood Harvests Act of 2022 or the FISH Act of 2022 . 2. Definitions In this Act: (1) Administrator Unless otherwise provided, the term Administrator means the Administrator of the National Oceanic and Atmospheric Administration. (2) Exclusive economic zone The term exclusive economic zone means the zone established by Presidential Proclamation Number 5030, dated March 10, 1983 ( 16 U.S.C. 1453 note; relating to the exclusive economic zone of the United States of America). (3) IUU fishing The term IUU fishing means illegal fishing, unreported fishing, and unregulated fishing (as such terms are defined in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001). (4) Regional fisheries management organization The terms regional fisheries management organization and RFMO have the meaning given the terms in section 303 of the Port State Measures Agreement Act of 2015 ( 16 U.S.C. 7402 ). 3. Statement of policy It is the policy of the United States to partner, consult, and coordinate with foreign governments (at the national and subnational levels), civil society, international organizations, international financial institutions, subnational coastal communities, commercial and recreational fishing industry leaders, communities that engage in artisanal or subsistence fishing, and the private sector, in a concerted effort— (1) to continue the broad effort across the Federal Government to counter IUU fishing and related threats to maritime security, as outlined in sections 3533 and 3534 of the Maritime SAFE Act (16 U.S.C. 8002 and 8003); and (2) to, additionally— (A) prioritize efforts to prevent IUU fishing at its sources; and (B) support continued implementation of the Central Arctic Ocean Fisheries agreement, as well as joint research and follow-on actions that ensure sustainability of fish stocks in Arctic international waters. 4. Black list (a) In general The Administrator shall establish, publish, and put vessels on a United States black list that denies port privileges, certain travel through, delivery of supplies, delivery of services, or transshipment in the exclusive economic zone for vessels that have conducted IUU fishing and vessels that have the same owner as a vessel on the black list. (b) Standards The Administrator shall set standards for establishing, maintaining, and publishing the black list. (c) Basis To be put on black list The Administrator shall put a vessel on the black list if it is any of the following: (1) A vessel listed on an IUU fishing list of a regional fisheries management organization. (2) A vessel taking part in fishing outside RFMO quota arrangements on the high seas. (3) A vessel on the high seas identified and reported by United States authorities to be conducting IUU fishing. (4) A vessel that provides services (excluding emergency or enforcement services) to a vessel that is on the black list, including transshipment, resupply, refueling, or pilotage. (5) A foreign fishing vessel engaged in commercial fishing in the exclusive economic zone without a permit issued under title II of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1821 et seq. ). (6) A vessel found by Customs and Border Protection to have had a withhold release order in contravention of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ), provided that the withhold release order has not been subsequently revoked. (7) A vessel that has the same owner as a vessel on the black list. (8) A vessel subject to economic sanctions administered by the Department of Treasury Office of Foreign Assets Control for IUU fishing under Executive Order 13581 (76 Fed. Reg. 44757, 84 Fed. Reg. 10255; relating to blocking property of transnational criminal organizations), or any other economic sanctions program. (d) Nominations To be put on black list (1) In general The Administrator may accept nominations for placing a vessel on the black list from— (A) the head of an executive branch agency that is a member of the Interagency Working Group on IUU Fishing established under section 3551 of the Maritime SAFE Act ( 16 U.S.C. 8031 ); or (B) a country that is a member of the Combined Maritime Forces. (2) Due process The Administrator may accept nominations for placing a vessel on the black list only after due process, including notification to the vessel’s owner and a review of any information that the owner provides. (e) Public Information The Administrator shall publish the black list and include the following information for each vessel on the list: (1) The name of the vessel. (2) The International Maritime Organization (IMO) number of the vessel. (3) The call sign of the vessel. (4) Each beneficial owner and owner's address of the vessel. (5) The registry/flag state of the vessel. (6) The date of inclusion on the black list of the vessel. (7) Any other identifying information on the vessel, as determined appropriate by the Administrator. (f) Consequences of being black listed (1) In general Except for the purposes of inspection and enforcement or in case of force majeure, a vessel on the black list is prohibited from— (A) accessing United States ports; (B) traveling through the United States exclusive economic zone unless it is conducting innocent passage; and (C) delivering supplies, delivering services, or transshipment in the United States exclusive economic zone. (2) Servicing prohibited No vessel of the United States (defined in section 116 of title 46, United States Code) may service a vessel that is on the black list, except for emergency and enforcement services. (g) Enforcement of black list A vessel on the black list and the cargo of such vessel shall be subject to section 70052 of title 46, United States Code. (h) Permanency of black list (1) In general Except as provided in paragraphs (2) and (3), a vessel that is put on the black list shall remain on the black list. (2) Revocation of WRO The Administrator shall remove a vessel from the black list if the vessel was added to the black list because it was found by Customs and Border Protection to have had a withhold release order in contravention of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ) and the withhold release order was subsequently revoked. (3) Potential Reinstatement In coordination with the Secretary of State, the Administrator may remove a vessel from the black list if the owner of the vessel submits an application for removal or an appeal to the Administrator. In considering the application, the Administrator shall consider all relevant information, including whether the vessel or vessel owner has engaged in IUU fishing during the 5-year period preceding the application. (i) Authorization of appropriations There are authorized to be appropriated to the Department of Commerce to carry out this section $20,000,000 for each of fiscal years 2023 through 2028. 5. Imposition of sanctions with respect to beneficial owners of vessels on black list (a) In general The President shall impose the sanctions described in subsection (b) with respect to each foreign person that the President determines, on or after the date of the enactment of this Act, is the beneficial owner of a vessel on the black list under section 4. (b) Sanctions described The sanctions to be imposed under subsection (a) 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 described in subsection (a), including the vessel of which the person is the beneficial owner, 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) 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 visa or other entry documentation of an alien described in subsection (a) shall be revoked, regardless of when such visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) 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 on the waiver and the reasons for the waiver. (e) Exceptions (1) Exceptions for authorized intelligence and law enforcement 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 or law enforcement activities of the United States. (2) Exception to comply with international agreements Sanctions under subsection (b)(2) shall 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) Exception relating to importation of goods (A) In general The requirement 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. (f) Definitions In this section: (1) Admission; admitted; alien; lawfully admitted for permanent residence 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) Beneficial owner The term beneficial owner means, with respect to a vessel, a person that, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise— (A) exercises substantial control over the vessel; or (B) owns or controls not less than 25 percent of the ownership interests in the vessel. (3) Foreign person The term foreign person means an individual or entity that is not a United States person. (4) United states person 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. 6. Agreements (a) Presidential negotiation In negotiating any relevant agreement with a foreign nation or nations after the date of enactment of this Act, the President shall consider the impacts on or to IUU fishing and strive to ensure that the agreement strengthens efforts to combat IUU fishing. (b) Secretary of State encouragement Together with other partners if appropriate, the Secretary of State shall encourage other nations to ratify treaties and agreements that address IUU fishing to which the United States is a party, including the UN Fish Stocks Agreement, the Port State Measures Agreement, and other applicable agreements. 7. Definition of illegal, unreported, and unregulated fishing (a) Definition of illegal, unreported, and unregulated fishing in the high seas driftnet fishing moratorium protection Act Section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(e) ) is amended to read as follows: (e) Illegal, unreported, or unregulated fishing defined In this title, the terms illegal, unreported, and unregulated fishing and illegal, unreported, or unregulated fishing mean any activity set out in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001. . (b) Definition of illegal, unreported, or unregulated fishing in the Magnuson-Stevens fishery conservation and management Act Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 ) is amended by adding at the end the following: (51) Illegal, unreported, or unregulated fishing The terms illegal, unreported, or unregulated fishing , illegal, unreported, and unregulated fishing , and illegal, unreported and unregulated fishing mean any activity set out in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001. . 8. Coast guard provisions (a) Increase boarding of vessels suspected of IUU fishing The Commandant of the Coast Guard shall, in accordance with the UN Fish Stocks Agreement, increase, from year to year, its observation and boarding of vessels on the high seas that are suspected of IUU fishing, to the greatest extent practicable. (b) Follow up The Commandant of the Coast Guard shall coordinate regularly with regional fisheries management organizations to determine what corrective measures each nation has taken after its vessels have been boarded for suspected IUU fishing. (c) Report Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit a report to Congress on— (1) the total number of bilateral agreements that contain an IUU fishing nexus or authorities, and what the Coast Guard is doing to increase this percentage; (2) violations observed under the Coast Guard high seas boarding program, how the violations are tracked after referral to the respective flag state, and what actions are taken to document or otherwise act on the enforcement, or lack thereof, taken by a flag state; (3) the flag state and status of vessels interdicted or observed to be engaged in IUU fishing on the high seas by the Coast Guard; (4) the flag state and status and incident details on vessels observed to violate international laws on the high seas, such as refusal to allow boarding, and what action was taken; and (5) any other potential enforcement actions that could decrease IUU fishing on the high seas. 9. Improved management at the regional fisheries management organizations (a) Interagency Working Group on IUU fishing Section 3551(c) of the Maritime SAFE Act ( 16 U.S.C. 8031(c) ) is amended— (1) in paragraph (12), by striking and after the semicolon; (2) in paragraph (13), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (14) developing a strategy for leveraging enforcement capacity against IUU fishing, particularly focusing on nations identified under section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(a) and 1826k(a)); and (15) developing a strategy for leveraging enforcement capacity against IUU fishing and increasing enforcement and other actions across relevant import control and assessment programs, including— (A) the List of Goods Produced by Child Labor or Forced Labor produced pursuant to section 105 of the Trafficking Victims Protection Reauthorization Act of 2005 ( 22 U.S.C. 7112 ); (B) the Trafficking in Persons Report required under section 110 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107 ); and (C) United States Customs and Border Protection’s Forced Labor Division and enforcement activities and regulations authorized under section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). . (b) Secretary of State identification The Secretary of State, in coordination with the Commandant of the Coast Guard, shall— (1) identify regional fisheries management organizations that the United States is party to that do not have a high seas boarding program; and (2) identify obstacles, needed authorities, or existing efforts to increase implementation of these programs, and take action as appropriate. 10. Strategies to optimize data collection, sharing, and analysis Section 3552 of the Maritime SAFE Act ( 16 U.S.C. 8032 ) is amended by adding at the end: (c) Strategies To optimize data collection, sharing, and analysis Not later than 2 years after the publication of the strategic plan submitted under subsection (a), the Working Group shall identify information and resources to prevent seafood products from IUU fishing from entering United States commerce without increasing burden or trade barriers on seafood not produced from IUU fishing. The report shall include the following: (1) Identification of relevant data streams collected by Working Group members. (2) Identification of legal, jurisdictional, or other barriers to the sharing of such data. (3) In consultation with the Secretary of Defense, recommendations for joint enforcement protocols, collaboration, and information sharing between Federal agencies and States. (4) Recommendations for sharing and developing forensic resources between Federal agencies and States. (5) Recommendations for enhancing capacity for United States Customs and Border Protection and National Oceanic and Atmospheric Administration to conduct more effective field investigations and enforcement efforts with State enforcement officials. (6) Recommendations for the dissemination of IUU fishing analysis and information to those entities that could use it for action and awareness, with the aim to establish an IUU fishing information sharing center. (7) Recommendations for an implementation strategy, including measures for ensuring that trade in seafood not linked to IUU fishing is not impeded. . 11. Investment and technical assistance in the fisheries sector (a) In general The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with the heads of relevant agencies, the Millennium Challenge Corporation, and multilateral institutions such as the World Bank, shall increase support to programs that provide technical assistance and investment to nations’ fisheries sectors for sustainable fisheries management and combating IUU fishing. The focus of such support shall be on priority regions and priority flag states identified under section 3552(b) of the Maritime SAFE Act ( 16 U.S.C. 8032(b) ). (b) Authorization of appropriations There are authorized to be appropriated to the Department of State and the United States Agency for International Development to carry out subsection (a) $10,000,000 for each such agency for each of fiscal years 2023 through 2028. 12. Preventing importation of seafood and seafood products from foreign vessels using forced labor (a) Definitions In this section: (1) Forced labor The term forced labor has the meaning given that term in section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). (2) Seafood The term seafood means fish, shellfish, processed fish, fish meal, shellfish products, and all other forms of marine animal and plant life other than marine mammals and birds. (3) Secretary The term Secretary means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (b) Forced labor on foreign fishing vessels (1) Rulemaking Not later than 1 year after the date of enactment of this Act, the Commissioner of U.S. Customs and Border Protection, in coordination with the Secretary, shall issue regulations regarding the verification of seafood imports to ensure that no seafood or seafood product harvested on foreign vessels using forced labor is entered into the United States in violation of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). (2) Strategy The Commissioner of U.S. Customs and Border Protection, in coordination with the Secretary and the Secretary of the department in which the Coast Guard is operating, shall— (A) develop a strategy for utilizing relevant U.S. Government data to identify imports of seafood or seafood products harvested on foreign vessels using forced labor; and (B) publish information regarding the strategy developed under subparagraph (A) on the website of U.S. Customs and Border Protection. 13. Reports (a) Impact of new technology Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Working Group established under section 3551 of the Maritime SAFE Act ( 16 U.S.C. 8031 ), shall conduct a study to assess the impact of new technology (such as remote observing, the use of drones, development of risk assessment tools and data-sharing software, immediate containerization of fish on fishing vessels, and other technology-enhanced new fishing practices) on IUU fishing and propose ways to integrate these technologies into global fisheries enforcement and management. (b) Russian and chinese fishing industries’ influence on each other and on the united states seafood and fishing industry Not later than 2 years after the date of the enactment of this Act, the Secretary of State, with support from the Secretary of Commerce and the Office of the United States Trade Representative, shall— (1) conduct a study on the collaboration between the Russian and Chinese fishing industries and on the role of seafood reprocessing in China (including that of raw materials originating in Russia) in global seafood markets and its impact on United States seafood importers, processors, and consumers; and (2) complete a report on the study that includes classified and unclassified portions, as the Secretary of State determines necessary. (c) Fishermen conducting unlawful fishing in the economic exclusion zone Section 3551 of the Maritime SAFE Act ( 16 U.S.C. 8031 ) is amended by adding at the end the following: (d) Report Not later than 1 year after the date of enactment of the Fighting Foreign Illegal Seafood Harvests Act of 2022 , the chair of the Working Group in coordination with members of the Working Group, shall submit a report to Congress on foreign fishermen who were detained or arrested in the exclusive economic zone, how many were referred to prosecution and the outcome of the cases, and what authorities, or obstacles to overcome, are needed to increase the prosecution referral rate. (e) The impacts of IUU fishing The Administrator, in consultation with relevant members of the Working Group, shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will undertake a multifaceted study that includes the following: (1) An analysis that quantifies the occurrence and extent of IUU fishing among flag states. (2) An evaluation of the costs to the United States economy of IUU fishing. (3) An assessment of the costs to the global economy of IUU fishing. . (d) Report Not later than 24 months after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the study conducted under subsection (e) of section 3551 of the Maritime SAFE Act that includes— (1) the findings of the National Academies; and (2) recommendations on knowledge gaps that warrant further scientific inquiry. | https://www.govinfo.gov/content/pkg/BILLS-117s4773is/xml/BILLS-117s4773is.xml |
117-s-4774 | II 117th CONGRESS 2d Session S. 4774 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Paul 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 modify the ethanol waiver for Reid vapor pressure limitations, and for other purposes.
1. Short title This Act may be cited as the Ethanol Access for a Sustainable Economy Act of 2022 or the EASE Act of 2022 . 2. Ethanol waiver Section 211(h)(4) of the Clean Air Act ( 42 U.S.C. 7545(h)(4) ) is amended— (1) in the matter preceding subparagraph (A), by inserting or more of after 10 percent ; and (2) in subparagraph (C), by striking additional alcohol or . | https://www.govinfo.gov/content/pkg/BILLS-117s4774is/xml/BILLS-117s4774is.xml |
117-s-4775 | II 117th CONGRESS 2d Session S. 4775 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Portman (for himself, Ms. Sinema , Mr. Kelly , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish and authorize funding for a Border Patrol Reserve, and for other purposes.
1. Short title This Act may be cited as the Border Patrol Enhancement Act . 2. Border Patrol Reserve (a) Establishment There is established within the United States Border Patrol, the Border Patrol Reserve, which shall be organized, administered, trained, and supplied under the direction of the Commissioner of U.S. Customs and Border Protection (referred to in this Act as the Commissioner ). (b) Purpose The purpose of the Border Patrol Reserve is to augment and support the mission of the United States Border Patrol. (c) Authorized size (1) In general Subject to paragraph (2), the Secretary of Homeland Security shall— (A) prescribe the initial authorized size of the Border Patrol Reserve; and (B) not less frequently than annually, review and adjust, if necessary, the authorized size of the Border Patrol Reserve. (2) Limitation The number of Border Patrol Reserve agents may not exceed 2,500 at any time. (3) Resources The Commissioner shall make available to the United States Border Patrol such services, facilities, and appropriations that may be necessary to activate and effectuate the purposes of the Border Patrol Reserve. (d) Qualifications Each Border Patrol Reserve agent— (1) shall have previously served as a full-time United States Border Patrol agent for at least 5 years; (2) may not have been subject to any disciplinary actions described in section 7512 of title 5, United States Code, during their tenure with the United States Border Patrol; (3) shall be serving as— (A) a Federal law enforcement officer (as defined in section 115(c) of title 18, United States Code); or (B) a law enforcement officer (as defined in section 2503 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10533 )); (4) shall be subject to the mandatory separation requirements under section 8335(b) or 8425(b) of title 5, United States Code; and (5) shall meet any other qualifications established by the Commissioner. (e) Powers; duties; compensation (1) In general The Commissioner shall— (A) specify the law enforcement powers and duties that will be given to Border Patrol Reserve agents, which powers and duties shall only be effective while such agents are on activated status; (B) confer upon such agents the same grades as provided for other Border Patrol agents, to the extent warranted based on their respective qualifications and experience; and (C) provide such agents with the pay and allowances associated with their rank, grade, or rating while they are in active duty with the basic border patrol rate of pay, as adjusted under this Act, including matching funds under the Thrift Savings Plan for pay received during such duty. (2) Exception Notwithstanding paragraph (1)(C), Border Patrol Reserve agents may not be required to work the minimum number of hours or days set forth in section 5550(b)(4) of title 5, United States Code. (3) Compensation from employer Any Border Patrol Reserve agent who, immediately before beginning duty as a Border Patrol Reserve agent, was receiving compensation as a law enforcement officer (as defined in section 2503 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10533 )), and did not resign from such position, may continue to receive such compensation from a law enforcement agency while on such duty. (4) Effect on creditable service (A) In general Any Border Patrol Reserve agent who is not described in subparagraph (B) or (C) shall receive creditable service under the Federal Employees Retirement System upon the commencement of active duty. (B) Federal law enforcement agent Any Border Patrol Reserve agent who, immediately before such duty, was serving as a Federal law enforcement agent and did not resign from such position, shall not receive additional creditable service under the Federal Employees Retirement System or the Civil Service Retirement System while on such duty. (f) Effect of injury or death (1) In general Any Border Patrol Reserve agent who sustains a physical injury, contracts a disease or sickness, or dies as a result of service while performing duty under this section, or while engaged in authorized travel to or from such duty is entitled to compensation as a Federal employee in accordance with chapter 81 of title 5, United States, Code. (2) Workers' compensation claims For the purposes of workers’ compensation claims relating to performing duty as a Border Patrol Reserve agent, such agents shall be considered employees (as defined in section 8101 of title 5, United States Code). (g) Rates of pay; travel costs The Commissioner shall— (1) provide all Border Patrol Reserve agents hourly pay at a rate equivalent to the rate paid to an employee classified at the grade level conferred by the Commissioner under subsection (e)(1)(B) for any time spent by such agents to fulfill applicable training requirements; and (2) reimburse such agents for the costs associated with travel to and from in-person training. (h) Report Not later than 1 year after the date of the enactment of this Act, and each fiscal year thereafter through fiscal year 2028, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the utilization of Border Patrol Reserve agents that describes— (1) the powers, duties, and compensation of Border Patrol Reserve agents; (2) the number of Border Patrol Reserve agents who were activated during the report period, disaggregated by U.S. Border Patrol sector; (3) the compliance rate for completing the training courses required of Border Patrol Reserve agents and the training provided to Border Patrol Reserve agents during the report period; and (4) the total costs incurred during the reporting period by the Border Patrol Reserve. 3. Authorized staffing level for the United States Border Patrol (a) Definitions In this section: (1) Qualified research entity The term qualified research entity means an independent, not-for-profit, federally funded research entity with appropriate expertise and analytical capability to analyze and validate the personnel requirements determination model. (2) Validated personnel requirements determination model The term validated personnel requirements determination model means a determination of the number of United States Border Patrol agents needed to meet the critical mission requirements of the United States Border Patrol to maintain an orderly process for migrants entering the United States, that has been validated by a qualified research entity pursuant to subsection (d). (b) In general The authorized personnel level for United States Border Patrol agents on the date of the enactment of this Act is 20,500. (c) United States Border Patrol personnel requirements determination model (1) Completion; notice Not later than 180 days after the date of the enactment of this Act, the Commissioner shall complete a personnel requirements determination model for United States Border Patrol that builds on the 5-year United States Border Patrol staffing and deployment plan referred to on page 33 of House of Representatives Report 112–91 (May 26, 2011) and submit a notice of completion to— (A) the appropriate congressional committees; (B) the Director of the Office of Personnel Management; and (C) the Comptroller General of the United States. (2) Certification Not later than 30 days after the completion of the personnel requirements determination model described in paragraph (1), the Commissioner shall submit a copy of such model and a strategy for obtaining third-party validation of such model, to— (A) the appropriate congressional committees; (B) the Office of Personnel Management; and (C) the Comptroller General of the United States. (d) Independent study of personnel requirements determination model (1) Requirement for study Not later than 90 days after the completion of the personnel requirements determination model pursuant to subsection (c)(1), the Secretary of Homeland Security shall enter into a contract with a qualified research entity to conduct a study that analyzes the validity of the model. (2) Reports (A) To secretary Not later than 1 year after the completion of the personnel requirements determination model under subsection (c)(1), the qualified research entity shall submit a report to the Secretary of Homeland Security that includes— (i) the results of the study required under paragraph (1); and (ii) any recommendations regarding the model that the qualified research entity considers to be appropriate. (B) To congress Not later than 30 days after receiving the report described in subparagraph (A), the Secretary of Homeland Security shall submit such report, along with any additional views or recommendations regarding the personnel requirements determination model, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives . (e) Authority To adjust authorized personnel level Beginning on the date that is 180 days after receiving a report pursuant to subsection (d)(2) that validates the personnel requirements determination model, the Secretary of Homeland Security may adjust the authorized personnel level for the United States Border Patrol to a level that does not exceed the level recommended by the validated personnel requirements determination model. 4. Establishment of higher minimum rates of pay for United States Border Patrol agents (a) Higher minimum rate of pay Not later than January 1, 2023, the Director of the Office of Personnel Management— (1) shall, in accordance with section 5305 of title 5, United States Code— (A) increase the minimum rate of pay for United States Border Patrol agents at the grade GS–12 of the General Schedule by not less than 14 percent; and (B) increase other grades or levels, occupational groups, series, classes, or subdivisions thereof, as determined by the Secretary of Homeland Security; and (2) may make increases in all rates in the pay range for each such grade or level, in accordance with such section 5305. (b) Inapplicability The discretion granted to agency heads under section 5305(a)(2) of title 5, United States Code, shall not apply to increase in rates of pay authorized under subsection (a). 5. Continuing training (a) In general The Commissioner shall require all United States Border Patrol agents, including Border Patrol Reserve agents and other employees or contracted employees designated by the Commissioner, to participate in annual continuing training to maintain and update their understanding of— (1) Department of Homeland Security policies, procedures, and guidelines; (2) the fundamentals of law, ethics, and professional conduct; (3) applicable Federal law and regulations; (4) precedential legal rulings, including Federal Circuit Court and United States Supreme Court opinions relating to the duty of care and treatment of persons in the custody of the United States Border Patrol that the Commissioner determines are relevant to active duty agents; (5) applicable migration trends that the Commissioner determines are relevant; (6) best practices for coordinating with community stakeholders; and (7) any other information that the Commissioner determines to be relevant to active duty agents. (b) Training subjects Continuing training under this subsection shall include training regarding— (1) non-lethal use of force policies available to United States Border Patrol agents and de-escalation strategies and methods; (2) identifying, screening, and responding to vulnerable populations, such as children, persons with diminished mental capacity, victims of human trafficking, victims of gender-based violence, victims of torture or abuse, and the acutely ill; (3) trends in transnational criminal organization activities that impact border security and migration; (4) policies, strategies, and programs— (A) to protect due process, the civil, human, and privacy rights of individuals, and the private property rights of land owners; (B) to reduce the number of migrant and agent deaths; and (C) to improve the safety of agents on patrol; (5) personal resilience; (6) anti-corruption and officer ethics training; (7) current migration trends, including updated cultural and societal issues of nations that are a significant source of migrants who are— (A) arriving at a United States port of entry to seek humanitarian protection; or (B) encountered at a United States international boundary while attempting to enter without inspection; (8) the impact of border security operations on natural resources and the environment, including strategies to limit the impact of border security operations on natural resources and the environment; (9) relevant cultural, societal, racial, and religious training, including cross-cultural communication skills; (10) training authorized under the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 et seq. ); (11) risk management and safety training that includes agency protocols for ensuring public safety, personal safety, and the safety of persons in the custody of the Department of Homeland Security; (12) non-lethal, self-defense training; and (13) any other training that meets the requirements to maintain and update the subjects identified in subsection (a). (c) Course requirements Courses offered under this section— (1) shall be administered by the United States Border Patrol, in consultation with the Federal Law Enforcement Training Center; and (2) shall be approved in advance by the Commissioner of U.S. Customs and Border Protection to ensure that such courses satisfy the requirements for training under this section. (d) Assessment Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that assesses the training and education provided pursuant to this section, including continuing education. (e) Frequency requirements Training offered as part of continuing education under this section shall include— (1) annual courses focusing on the curriculum described in paragraphs (1) through (6) of subsection (b); and (2) biannual courses focusing on curriculum described in paragraphs (7) through (12) of subsection (b). (f) Border patrol reserve training The Commissioner shall— (1) establish such requirements as may be necessary for the training and familiarization of Border Patrol Reserve agents, which shall include— (A) medical fitness screenings and the continuing training described in this section; (B) requirements for in-person or virtual training to ensure that such agents maintain the capabilities necessary to perform their duties; and (C) firearms training and qualification, commensurate with the requirements for United States Border Patrol agents; (2) establish and require completion of a comprehensive in-person training and familiarization program for Border Patrol Reserve Agents upon activation before utilizing those Reserve agents in operational roles; and (3) take actions necessary, up to and including separation for any Border Patrol Reserve Agent who does not adhere to the requirements established by the Commissioner for training and familiarization. | https://www.govinfo.gov/content/pkg/BILLS-117s4775is/xml/BILLS-117s4775is.xml |
117-s-4776 | II 117th CONGRESS 2d Session S. 4776 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Rounds (for himself and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To transfer funds for Energy Efficiency Improvements and Renewable Energy Improvements at Public School Facilities to the Attorney General to award grants to States to promote safety and security in schools.
1. Short title This Act may be cited as the Security to Avoid Violence in Educational Settings Act or the SAVES Act . 2. Grant program for States for school safety and security (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (B) an Indian Tribe or Tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); or (C) an elementary school or secondary school, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (b) Transfer of funds The amount appropriated for Energy Efficiency Improvements and Renewable Energy Improvements at Public School Facilities, as authorized under section 40541 of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18831 ), under the Infrastructure Investments and Jobs Appropriations Act (division B of Public Law 117–58 ) is transferred to the Attorney General to carry out subsection (c). (c) Grant program for states for school safety and security (1) In general The Attorney General shall use the amount transferred under subsection (b) to award grants to States from allotments under paragraph (2) for each of fiscal years 2022 through 2026. From the amount transferred, $100,000,000 shall be available to be allotted for each fiscal year. (2) State allotments (A) Allotment (i) In general Subject to clauses (ii) and (iii), from the amount available to be allotted for a fiscal year under paragraph (1), the Attorney General shall allot to each State for the fiscal year an amount that bears the same relationship to the amount available as the number of individuals residing in the State who are aged 5 through 17, bears to the number of such individuals residing in all States. (ii) Small state minimum No State receiving an allotment under this subparagraph for a fiscal year shall receive less than 0.75 percent of the total amount allotted under this subparagraph for the fiscal year. (iii) Puerto rico The amount allotted under this subparagraph to the Commonwealth of Puerto Rico for a fiscal year may not exceed 0.75 percent of the total amount allotted under this subparagraph for the fiscal year. (B) Reallotment If a State does not receive an allotment under this paragraph for a fiscal year, the Attorney General shall reallot the amount of the State’s allotment to the remaining States for the fiscal year in accordance with this paragraph. (3) Use of allotment Each State that receives an allotment under paragraph (2) for a fiscal year shall— (A) reserve not less than 95 percent of the allotment to make subgrants to eligible entities under paragraph (4); (B) reserve not more than 1 percent of the allotment for the administrative costs of carrying out its responsibilities under this section, including public reporting on how funds made available under this section are being expended by eligible entities; and (C) use the amount made available to the State and not reserved under subparagraphs (A) and (B) for activities designed to support eligible entities in identifying, planning, and implementing school security improvements. (4) Subgrants to eligible entities (A) In general Each State that receives an allotment under paragraph (2) shall award subgrants to eligible entities to support the eligible entities in identifying, planning, and implementing school security improvements. (B) Applications An eligible entity that desires to receive a subgrant grant under this paragraph shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may require. (C) Use of subgrant funds An eligible entity that receives a subgrant under this paragraph shall use the subgrant funds, subject to any rules established by the State, for the purpose of planning and designing school buildings and facilities, installing infrastructure, and implementing technology or other measures, that strengthen security on school premises, which may include— (i) controlling access to school premises or facilities, through the use of metal detectors, or other measures, or technology, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available), in accordance with the needs of the school; (ii) implementing any technology or measure, or installing any infrastructure, to cover and conceal students within the school during crisis situations; (iii) implementing technology to provide notification to relevant law enforcement and first responders during crisis situations; (iv) implementing any technology or measure, including hiring school security officers, or installing any infrastructure, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available) to increase the safety of school students and staff; (v) implementing any technology or measure, or installing any infrastructure, for school safety reinforcement, including bullet-resistant doors and windows; and (vi) implementing any technology or system that would reduce the time needed to disseminate official information to parents regarding the safety of their children during and immediately following a crisis. (D) Restriction on DOJ The Attorney General may not promulgate a rule that restricts a State's ability to determine the eligible uses of subgrant funds awarded under this paragraph. (5) Matching requirements (A) State match Each State that receives a grant under this section shall provide non-Federal matching funds equal to 20 percent of the amount of the grant toward the cost of carrying out the activities described in this section. (B) Eligible entity match (i) In general Each eligible entity that receives a subgrant under this section shall provide matching funds, in cash or through in-kind contributions, from Federal, State, local, or private sources in an amount equal to 5 percent of the amount of the subgrant toward the cost of carrying out the activities described in this section. (ii) Waiver (I) In general A State may waive the matching funds requirement under clause (i), on a case-by-case basis, upon a showing of exceptional circumstances, such as— (aa) the difficulty of raising matching funds for a program to serve a rural area; (bb) the difficulty of raising matching funds in areas with a concentration of local educational agencies or schools with a high percentage of students aged 5 through 17— (AA) who are in poverty, as counted in the most recent census data approved by the Attorney General; (BB) who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (CC) whose families receive assistance under the State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); or (DD) who are eligible to receive medical assistance under the Medicaid program; and (cc) the difficulty of raising funds on tribal land. (II) State to cover eligible entity match A State that waives the matching funds requirement under clause (i), shall provide the amount waived in addition to the State match required under subparagraph (A). (iii) Consideration A State shall not consider an eligible entity's ability to match funds when determining which eligible entity will receive subgrants under this section. (d) Rescission of unobligated funds (1) In general Any balance of the amounts transferred under subsection (b) or allotted under subsection (c) that are unobligated on October 1, 2027, shall be rescinded. (2) Use for deficit reduction The amount rescinded under paragraph (1) shall be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. | https://www.govinfo.gov/content/pkg/BILLS-117s4776is/xml/BILLS-117s4776is.xml |
117-s-4777 | II 117th CONGRESS 2d Session S. 4777 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Young (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To permit the Miami Nation of Indiana to apply for acknowledgment as a federally recognized Indian tribe, and for other purposes.
1. Definitions In this Act: (1) Acknowledgment The term acknowledgment means acknowledgment as a federally recognized Indian tribe. (2) Secretary The term Secretary means the Secretary of the Interior. 2. Miami Nation of Indiana permitted to petition for acknowledgment (a) In general Notwithstanding any other provision of law (including regulations) that denies acknowledgment to an entity that previously petitioned for and was denied acknowledgment, the Miami Nation of Indiana may submit a petition to the Secretary, under part 83 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act), for acknowledgment. (b) Effect on determination In reviewing and making a determination on a petition for acknowledgment that the Miami Nation of Indiana submitted, the Secretary shall not use, as a reason to deny the petition for acknowledgment that the Miami Nation of Indiana submitted, any previous denial of a petition for acknowledgment that the Miami Nation of Indiana submitted, including— (1) a denial by the Secretary of a petition; (2) a court decision affirming a denial of a petition; and (3) any other denial of a petition. | https://www.govinfo.gov/content/pkg/BILLS-117s4777is/xml/BILLS-117s4777is.xml |
117-s-4778 | II 117th CONGRESS 2d Session S. 4778 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require limitations on research on potential pandemic pathogens of concern.
1. Short title This Act may be cited as the Securing America’s Federally-funded Extramural Risky Research Act or the SAFE Risky Research Act . 2. Limitations on countries of concern conducting certain research Beginning not later than 60 days after the date of the enactment of this Act, the Secretary shall prohibit federally funded research conducted in a foreign institution involving pathogens of pandemic potential or biological agents or toxins listed pursuant to section 351A(a)(1) of the Public Health Service Act ( 42 U.S.C. 262a(a)(1) ) located in a country of concern, in the estimation of the Director of National Intelligence or the head of another relevant Federal department or agency, as appropriate, in consultation with the Secretary of Health and Human Services. | https://www.govinfo.gov/content/pkg/BILLS-117s4778is/xml/BILLS-117s4778is.xml |
117-s-4779 | II 117th CONGRESS 2d Session S. 4779 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To extend the use of, and set forth priorities for, the International Space Station, and for other purposes.
1. Short title This Act may be cited as the ISS Extension Act of 2022 . 2. Definitions In this Act: (1) Administration The term Administration means the National Aeronautics and Space Administration. (2) Administrator The term Administrator means the Administrator of the National Aeronautics and Space Administration. (3) Appropriate committees of Congress Except as otherwise expressly provided, the term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (4) ISS The term ISS means the International Space Station. 3. Extension and modification relating to International Space Station (a) Policy Section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18351(a) ) is amended by striking 2024 and inserting September 30, 2030 . (b) Maintenance of United States segment and assurance of continued operations Section 503(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18353(a) ) is amended by striking September 30, 2024 and inserting September 30, 2030 . (c) Research capacity allocation and integration of research payloads Section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354(d) ) is amended— (1) in paragraph (1), in the first sentence— (A) by striking As soon as practicable and all that follows through 2011, and inserting The ; and (B) by striking September 30, 2024 and inserting September 30, 2030 ; and (2) in paragraph (2), in the third sentence, by striking September 30, 2024 and inserting September 30, 2030 . (d) Maintenance of use (1) In general Section 70907 of title 51, United States Code, is amended— (A) in the section heading, by striking 2024 and inserting 2030 ; (B) in subsection (a), by striking September 30, 2024 and inserting September 30, 2030 ; and (C) in subsection (b)(3), by striking September 30, 2024 and inserting September 30, 2030 . (2) Conforming amendment The table of sections for chapter 709 of title 51, United States Code, is amended by striking the item relating to section 70907 and inserting the following: 70907. Maintaining use through at least 2030. . (e) Transition plan reports Section 50111(c)(2) of title 51, United States Code is amended— (1) in the matter preceding subparagraph (A), by striking 2023 and inserting 2028 ; and (2) in subparagraph (J), by striking 2028 and inserting 2030 . (f) Assessments and report The Administrator shall— (1) conduct a comprehensive assessment of the viability of the ISS to operate safely and support full and productive use through 2030, including all necessary analyses to certify ISS operations through 2030; (2) not later than 180 days after the date of the enactment of this Act, submit to the Aerospace Safety Advisory Panel an assessment of— (A) the root cause of cracks and air leaks in the Russian Service Module Transfer Tunnel; (B) the certification of all United States systems and modules to operate through 2030; (C) (i) an inventory of spares or replacements for elements, systems, and equipment, including systems certified under subparagraph (B), that are currently produced, in inventory, or on order; (ii) a description of the state of the readiness of such spares and replacements; and (iii) a schedule for delivery of such spares and replacements to the ISS, including the planned transportation means for such delivery and the estimated cost and schedule for procurement of such spares and replacements and their delivery to the ISS; and (D) any other relevant data, information, or analysis relevant to the safe and productive use of the ISS through 2030; and (3) not later than 240 days after the date of the enactment of this Act, submit to the appropriate committees of Congress— (A) a report on the results of the assessment conducted under paragraph (1); and (B) a plan to address any recommendations of the Aerospace Safety Advisory Panel, consistent with section 31101(c)(2) of title 51, United States Code, with respect to such assessment. 4. Priorities for International Space Station (a) In general The Administrator shall assess International Space Station research activities and shall ensure that crew time and resources allocated to the Administration for use on the International Space Station prioritize— (1) the research of the Human Research Program, including research on and development of countermeasures relevant to reducing human health and performance risks, behavioral and psychological risks, and other astronaut safety risks related to long-duration human spaceflight; (2) risk reduction activities relevant to exploration technologies, including for the Environmental Control and Life Support System, extravehicular activity and space suits, environmental monitoring, safety, emergency response, and deep space communications; (3) the advancement of United States leadership in basic and applied space life and physical science research, consistent with the priorities of the most recent space life and physical sciences decadal survey of the National Academies of Sciences, Engineering, and Medicine; and (4) other research and development activities identified by the Administrator as essential to Moon to Mars activities. (b) Reports (1) Assessment and prioritization Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on— (A) the assessment; and (B) the steps taken to achieve the prioritization required by subsection (a). (2) Space flight participants Not later than 120 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on measures taken, with respect to space flight participants aboard the ISS, to ensure government astronaut safety, to avoid interference in ISS operations and research priorities, and to prevent undue demands on crew time and resources. (3) Annual progress reports Concurrent with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Administrator shall provide to the appropriate committees of Congress an annual accounting of the use of Administration crew time and ISS resources, including the allocation of such resources toward the priorities described in subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s4779is/xml/BILLS-117s4779is.xml |
117-s-4780 | II 117th CONGRESS 2d Session S. 4780 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the definition of marine highway transportation to include the carriage by a documented vessel of cargo that is bulk, liquid, or loose cargo loaded in tanks, holds, hoppers, or on deck.
1. Short title This Act may be cited as the Improving Marine Highway Transportation Act of 2022 . 2. Marine highway transportation definition amendment Section 55605(1) of title 46, United States Code, is amended— (1) in subparagraph (C), by striking or after the semicolon; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: (D) bulk, liquid, or loose cargo loaded in tanks, holds, hoppers, or on deck; or . | https://www.govinfo.gov/content/pkg/BILLS-117s4780is/xml/BILLS-117s4780is.xml |
117-s-4781 | II 117th CONGRESS 2d Session S. 4781 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the designation of certain airports as ports of entry.
1. Short title This Act may be cited as the Border Airport Fairness Act of 2022 . 2. Designation of certain airports as ports of entry (a) In general The President shall— (1) pursuant to the Act of August 1, 1914 (38 Stat. 623, chapter 223; 19 U.S.C. 2 ), designate each airport described in subsection (b) as a port of entry; and (2) terminate the application of the user fee requirement under section 236 of the Trade and Tariff Act of 1984 ( 19 U.S.C. 58b ) with respect to the airport. (b) Airports described An airport described in this subsection is an airport that— (1) is a primary airport (as defined in section 47102 of title 49, United States Code); (2) is located not more than 30 miles from the northern or southern international land border of the United States; (3) is associated, through a formal, legal instrument, including a valid contract or governmental ordinance, with a land border crossing or a seaport not more than 30 miles from the airport; and (4) through such association, meets the numerical criteria considered by U.S. Customs and Border Protection for establishing a port of entry, as set forth in— (A) Treasury Decision 82–37 (47 Fed. Reg. 10137; relating to revision of customs criteria for establishing ports of entry and stations), as revised by Treasury Decisions 86–14 (51 Fed. Reg. 4559) and 87–65 (52 Fed. Reg. 16328); or (B) any successor guidance or regulation. | https://www.govinfo.gov/content/pkg/BILLS-117s4781is/xml/BILLS-117s4781is.xml |
117-s-4782 | II 117th CONGRESS 2d Session S. 4782 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To combat the fentanyl crisis.
1. Short title This Act may be cited as the Streamlining Text for Official Policy by Formulating Effective Needed Tools to Address Narcotics, Yearly Loss of life and Protect Americans from Chemical Killers and Against Gangs Effectively Act or the STOP FENTANYL PACKAGE . 2. Liability protections for opioid overdose reversal drugs (a) Definitions In this section: (1) First responder The term first responder means— (A) a first responder as defined in section 3025 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10705 ); or (B) a special agent or task force officer of the Drug Enforcement Administration. (2) Health care provider The term health care provider has the meaning given such term in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ). (3) Lay administrator The term lay administrator — (A) means— (i) an individual at risk of undergoing an opioid-related overdose; (ii) an individual in a position to assist an individual at risk of undergoing an opioid-related overdose, including a family member or friend of such an individual at risk; or (iii) an employee or volunteer of a community-based organization; and (B) excludes a first responder as defined in paragraph (1). (4) Opioid overdose reversal drug The term opioid overdose reversal drug means a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) that is designed to rapidly reverse the effects of an opioid-related overdose. (b) Health care providers (1) Authority (A) In general A health care provider, engaged in or affecting interstate or foreign commerce, may, subject to subparagraphs (B) and (C), prescribe, dispense, or distribute an opioid overdose reversal drug to— (i) an individual at risk of undergoing an opioid-related overdose; or (ii) an individual who is in a position to assist an individual at such risk, including a family member or friend of such an individual at risk. (B) Education and training requirements Upon prescribing, dispensing, or distributing an opioid overdose reversal drug to any individual as described in subparagraph (A), a health care provider (or designated staff of such provider) shall provide to that individual (or, with respect an individual described in subparagraph (A)(i), a family member or caregiver of such individual as the health care provider determines appropriate) education and training that includes information on— (i) the importance of seeking medical care for the individual undergoing the opioid-related overdose immediately after the drug is administered; (ii) how to access substance use disorder treatment services; (iii) how the opioid overdose reversal drug operates to stop an opioid-related overdose; (iv) when the administration of the opioid overdose reversal drug is medically indicated; (v) how to properly administer the opioid overdose reversal drug and circumstances under which administration of the opioid overdose reversal drug is contraindicated; (vi) precautions, warnings, and potential reactions with respect to the opioid overdose reversal drug; (vii) techniques on how to recognize symptoms of an opioid-related overdose; (viii) standards and procedures for the storage of the drug; (ix) proper disposal of expired opioid overdose reversal drugs; and (x) emergency follow-up procedures. (C) Records A health care provider shall maintain a record of each individual to whom the health care provider (or designated staff) has provided the education and training under subparagraph (B). Each such record shall be maintained for a period of 2 years beginning on the date on which the health care provider (or designated staff) provides the education and training. (2) Liability (A) In general A health care provider, engaged in or affecting interstate or foreign commerce, shall be immune from civil liability, criminal prosecution, or disciplinary or other adverse action under any professional licensing statute for any outcomes resulting from— (i) an action taken by the provider that is authorized under paragraph (1); or (ii) the administration by a person other than the health care provider of the opioid overdose reversal drug to an individual regardless of whether that individual is the person to whom the provider prescribed the drug. (B) Exception Subparagraph (A) shall not apply in the case that personal injury results from the gross negligence or willful or wanton misconduct of the health care provider. (c) First responders (1) Authority (A) In general A first responder, engaged in or affecting interstate or foreign commerce, may, subject to subparagraphs (B) and (C), receive a prescription or supply allocation for an opioid overdose reversal drug (including through a standing order), maintain the drug in the possession of the first responder, administer the drug to any individual who is undergoing or whom the responder believes is undergoing an opioid-related overdose, or distribute the drug to an individual described in clause (i) or (ii) of subsection (b)(1)(A). (B) Education and training requirements (i) In general Prior to receiving a prescription or supply allocation for an opioid overdose reversal drug as described in subparagraph (A), a first responder shall— (I) complete the education and training provided by a health care provider (or designated staff) under subsection (b)(1)(B); or (II) review the Opioid Overdose Prevention Toolkit published by the Substance Abuse and Mental Health Services Administration (or a successor publication), or a substantially similar publication from the applicable State public health agency. (ii) Renewals The requirement under clause (i) to complete the education and training or review the toolkit described in such clause shall be completed not less than once every 2 years. (C) Records A first responder shall maintain— (i) a record of each instance in which the first responder administers or distributes an opioid overdose reversal drug in accordance with subparagraph (A) for a period of 2 years beginning on the date on which the first responder administers or distributes the drug; and (ii) verification that the first responder has complied with the requirements under subparagraph (B) for a period of 2 years following each completion or review described in such subparagraph. (2) Liability (A) In general A first responder who takes any action authorized under paragraph (1) shall be immune from civil liability, criminal prosecution, or disciplinary or other adverse action under any professional licensing statute for any outcomes resulting from such action. (B) Exception Subparagraph (A) shall not apply in the case that personal injury results from the gross negligence or willful or wanton misconduct of the first responder. (d) Lay administrators (1) Authority (A) In general A lay administrator, engaged in or affecting interstate or foreign commerce, may, subject to subparagraphs (B) and (C), receive a prescription for an opioid overdose reversal drug (including through a standing order), maintain the drug in the possession of the lay administrator, and administer the drug to— (i) in the case of a lay administrator described in subsection (a)(3)(A)(i), the lay administrator; (ii) in the case of a lay administrator described in subsection (a)(3)(A)(ii), the individual at risk described in such subsection; or (iii) in the case of a lay administrator described in subsection (a)(3)(A)(iii), any individual who is undergoing, or who is believed to be undergoing an opioid-related overdose, and is being served through the organization described in such subsection. (B) Education and training requirements (i) In general Prior to receiving a prescription for an opioid overdose reversal drug as described in subparagraph (A), a lay administrator shall— (I) complete the education and training provided by a health care provider (or designated staff) under subsection (b)(1)(B); or (II) review the Opioid Overdose Prevention Toolkit published by the Substance Abuse and Mental Health Services Administration (or a successor publication), or a substantially similar publication from the applicable State public health agency. (ii) Renewals The requirement under clause (i) to complete the education and training or review the toolkit described in such clause shall be completed not less than once every 2 years. (C) Records A lay administrator shall maintain verification that the lay administrator has complied with the requirements under subparagraph (B) for a period of 2 years following each completion or review described in such subparagraph. (2) Liability (A) In general A lay administrator who takes any action authorized under paragraph (1) shall be immune from civil liability, criminal prosecution, or disciplinary or other adverse action under any professional licensing statute (including any penalties for the unauthorized practice of medicine) for any outcomes resulting from such action. (B) Exception Subparagraph (A) shall not apply in the case that personal injury results from the gross negligence or willful or wanton misconduct of the lay administrator. (3) Sense of Congress It is the sense of Congress that a lay administrator should— (A) call 9–1–1 immediately following administering an opioid overdose reversal drug to an individual as described in paragraph (1)(A); and (B) report to a first responder— (i) the name, address, and phone number of any individual for whom the opioid overdose reversal drug was administered as described in such paragraph; and (ii) the status as an injection or spray of the opioid overdose reversal drug used in such administration. (e) Preemption This section shall preempt any State law that conflicts with the authorities and protections provided under this section, except in the case of a State law that provides greater protection from liability than the protection provided under this section. (f) Sunset This section shall cease to have any force or effect on the date that is 90 days after the last day 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 the opioid crisis, including any renewal of such emergency. 3. Accurate data on opioid-related overdoses The Secretary of Health and Human Services and the Attorney General may award grants to States, territories, and localities to support improved data and surveillance on opioid-related overdoses, including for activities to improve postmortem toxicology testing, data linkage across data systems throughout the United States, electronic death reporting, or the comprehensiveness of data on fatal and nonfatal opioid-related overdoses. 4. Law enforcement grants (a) In general The Attorney General shall make grants to local law enforcement agencies and forensic laboratories in communities with high rates of drug overdoses for the purpose of— (1) training to help officers identify overdoses; (2) upgrading essential systems for tracing drugs and processing samples in forensic laboratories to provide timely, accurate, and standard data reporting to the National Forensic Laboratory Information System; or (3) training to better trace criminals through the darknet. (b) Mandatory reporting None of the funds made under subsection (a) may be used by grantees that do not submit to the National Forensic Laboratory Information System reports on overdose data. (c) Federal Law Enforcement Training Centers Federal Law Enforcement Training Centers shall provide training to State and local law enforcement agencies on how to best coordinate with State and Federal partners for tracking drug-related activity. (d) COPS grants Section 1701(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended— (1) in paragraph (22), by striking and at the end; (2) in paragraph (23), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (24) to provide training and resources for containment devices to prevent secondary exposure to fentanyl and other substances for first responders. . 5. Office of National Drug Control Policy reform (a) Senses of Congress It is the sense of Congress that— (1) the Director of the Office of National Drug Control Policy shall be a Cabinet-level position; and (2) nothing in this section shall affect the reporting structure of agencies with drug enforcement responsibilities. (b) Requirements The Office of National Drug Control Policy shall— (1) document strategies for ensuring prevention of duplicating services and grant funding within National Drug Control Program agencies; (2) collaborate with the National Center for Health Statistics and the National Forensic Laboratory Information System, including by working with the Department of Justice to create national standards for submission data to ensure uniformity across the United States, including data from cases where the defendant pleads guilty; and (3) issue guidance that States and localities should record overdose deaths as homicides if there is sufficient evidence that the overdose was not self-induced and intentional. (c) Drug Enforcement Administration (1) In general The Drug Enforcement Administration shall develop uniform reporting standards for inputting data into the National Forensic Laboratory Information System for purity, formulation, and weight to allow for better comparison across jurisdictions and between agencies and the sharing of data. (2) Clarification Nothing in paragraph (1) may be construed to require the creation of new or increased obligations or reporting requirements on State or local laboratories. (d) Interagency Coordinating Council The Office of National Drug Control Policy, the Department of Justice, the Department of Health and Human Services, and other National Drug Control Program agencies coordinate across agencies to limit duplication and ensure uniform reporting standards and improve relationships between the agencies. (e) Congressional Review Act If the Office of National Drug Control Policy does not certify that a final rule made by a National Drug Control Program participant is consistent with the National Drug Control Policy, the rule shall be deemed to be submitted under section 801(a)(1) of title 5, United States Code. (f) Reprogramming and transfer requests Section 704(c)(4)(A) of the National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1703(c)(4)(A) ) is amended by striking approved and inserting denied . 6. DEA testing The Drug Enforcement Administration shall submit to Congress, as part of the annual budget process, a specific line item for the level of funding necessary for the Fentanyl Profiling Program. 7. State Opioid Response Grants The Assistant Secretary for Mental Health and Substance Use shall, to the extent practicable— (1) include in the annual report to Congress on the State Opioid Response Grants, authorized under the Consolidated Appropriations Act, 2022 ( Public Law 117–103 ), an assessment of challenges of recipients of such grants, accounting for variations in implementation; and (2) provide to recipients of such grants best practices on how to address opioid-related overdoses. | https://www.govinfo.gov/content/pkg/BILLS-117s4782is/xml/BILLS-117s4782is.xml |
117-s-4783 | II 117th CONGRESS 2d Session S. 4783 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Young introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Under Secretary of Defense for Personnel and Readiness to carry out a pilot program on providing training to, validating, and deploying grief companions to facilitate bereavement care.
1. Short title This Act may be cited as the Doug Zembiec Gold Star Family Support Act of 2022 . 2. Pilot program on grief companions following casualty notifications (a) In general Commencing not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall carry out a pilot program on providing training to, validating, and deploying grief companions to facilitate bereavement care provided by the Department of Defense following casualty notifications with respect to members of the Armed Forces. (b) Duration The Under Secretary of Defense for Personnel and Readiness shall carry out the pilot program required under subsection (a) for a period of not less than one year. (c) Authorization of appropriations There is authorized to be appropriated to the Under Secretary of Defense for Personnel and Readiness $250,000 to carry out the pilot program required under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s4783is/xml/BILLS-117s4783is.xml |
117-s-4784 | II 117th CONGRESS 2d Session S. 4784 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. King (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the boundary of the Katahdin Woods and Waters National Monument in the State of Maine, to improve public access to the National Monument, and for other purposes.
1. Short title This Act may be cited as the Katahdin Woods and Waters National Monument Access Act . 2. Definitions In this Act: (1) Map The term map means the map entitled Katahdin Woods and Waters National Monument Proposed Boundary Revision , numbered 686/182,881, and dated July 2022. (2) National Monument The term National Monument means the Katahdin Woods and Waters National Monument in the State established by the Proclamation. (3) Proclamation The term Proclamation means Presidential Proclamation 9476 ( 54 U.S.C. 320301 note). (4) Secretary The term Secretary means the Secretary of the Interior. (5) State The term State means the State of Maine. (6) Superintendent The term Superintendent means the Superintendent of the National Monument. 3. Boundary adjustment to, administration of, and improved access to the National Monument (a) Boundary adjustment The boundaries of the National Monument shall be the boundaries depicted on the map. (b) Administration The Secretary shall administer the National Monument (including the land added to the National Monument by this Act) in accordance with— (1) this Act; (2) the Proclamation; and (3) the laws generally applicable to units of the National Park System. (c) Acquisition of land; access (1) In general Subject to paragraph (2), the Secretary may acquire, by purchase from a willing seller, donation, or exchange— (A) land and interests in land within the boundary of the National Monument; and (B) land and interests in land for access into the National Monument from roads and communities adjacent to or in the vicinity of the National Monument. (2) Prohibition on use of eminent domain Nothing in this Act authorizes the use of eminent domain to acquire land or an interest in land. (d) Existing uses Any land added to the National Monument under subsection (c) shall be managed in a manner that preserves existing hunting, fishing, and snowmobile uses. (e) Hunting and fishing (1) Hunting The Secretary shall administer hunting within the National Monument— (A) in the same manner as hunting was administered in the National Monument on the day before the date of enactment of this Act; and (B) in accordance with— (i) this Act; (ii) the Proclamation; and (iii) the laws generally applicable to units of the National Park System. (2) Fishing The Secretary shall administer fishing within the National Monument— (A) in the same manner as fishing was administered in the National Monument on the day before the date of enactment of this Act; and (B) in accordance with— (i) this Act; (ii) the Proclamation; and (iii) the laws generally applicable to units of the National Park System. (f) Snowmobile use (1) In general The Secretary shall continue to allow the public to access and use the Interconnected Trail System snowmobile trail within the National Monument (including the land added to the National Monument by this Act, consistent with subsection (d)) consistent with the access agreement of November 29, 2007, referred to in the Proclamation— (A) on land and interests in land identified in the access agreement; and (B) on land and interests in land east of the East Branch of the Penobscot River added to the National Monument after November 29, 2007. (2) Designation through compendium The Superintendent shall provide in the annual compendium published by the Superintendent advance notice to the public of the Interconnected Trail System snowmobile trail routes within the National Monument (including the land added to the National Monument by this Act) available for use in the applicable snowmobile season. (g) Collection of fiddlehead ferns (1) In general Subject to paragraph (2), the Superintendent shall allow the gathering by hand of fiddlehead ferns (Matteuccia struthiopteris) in the National Monument for personal use and consumption by the general public. (2) Limitation If the Superintendent determines that the gathering of fiddlehead ferns under paragraph (1) may adversely affect resources of the National Monument, the Superintendent may limit the gathering of fiddlehead ferns under that paragraph in accordance with existing regulations. 4. Administrative sites and visitor facilities (a) In general To facilitate the administration of the National Monument, the Secretary may expend donated or appropriated funds to acquire or lease essential facilities for the administration of the National Monument and visitor services outside the boundaries, but within the vicinity, of the National Monument, subject to the requirement that the facilities and the use of the facilities shall be in accordance with approved plans for the National Monument. (b) Cooperative agreements The Secretary may enter into cooperative agreements with State or local governments, Tribal organizations, or private entities— (1) to carry out the authority granted under this section; and (2) to develop a cooperative information center for the National Monument. | https://www.govinfo.gov/content/pkg/BILLS-117s4784is/xml/BILLS-117s4784is.xml |
117-s-4785 | II 117th CONGRESS 2d Session S. 4785 IN THE SENATE OF THE UNITED STATES August 6, 2022 Ms. Klobuchar (for herself and Mr. Cornyn ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To extend by 19 days the authorization for the special assessment for the Domestic Trafficking Victims' Fund.
1. 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 September 11 and inserting September 30 . | https://www.govinfo.gov/content/pkg/BILLS-117s4785cps/xml/BILLS-117s4785cps.xml |
117-s-4786 | II 117th CONGRESS 2d Session S. 4786 IN THE SENATE OF THE UNITED STATES August 6, 2022 Mr. Rounds introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Defense Production Act of 1950 to include the Secretary of Agriculture on the Committee on Foreign Investment in the United States and require review of certain agricultural transactions, and for other purposes.
1. Short title This Act may be cited as the Promoting Agriculture Safeguards and Security Act of 2022 or the PASS Act of 2022 . 2. Review of agriculture-related transactions by CFIUS (a) In general Section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ) is amended— (1) in subsection (a)— (A) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i), by striking ; and and inserting a semicolon; (II) in clause (ii), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (iii) any transaction described in clause (vi) or (vii) of subparagraph (B) proposed or pending on or after the date of the enactment of this clause. ; (ii) in subparagraph (B), by adding at the end the following: (vi) Any other investment, subject to regulations prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business that is engaged in agriculture or biotechnology related to agriculture. (vii) Subject to subparagraphs (C) and (E), the purchase or lease by, or a concession to, a foreign person of private real estate that is— (I) located in the United States; and (II) used in agriculture. ; (iii) in subparagraph (C)(i), by striking subparagraph (B)(ii) and inserting clause (ii) or (vii) of subparagraph (B) ; (iv) in subparagraph (D)— (I) in clause (i), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; (II) in clause (iii)(I), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; (III) in clause (iv)(I), by striking subparagraph (B)(iii) each place it appears and inserting clauses (iii) and (vi) of subparagraph (B) ; and (IV) in clause (v), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; and (v) in subparagraph (E), by striking clauses (ii) and (iii) and inserting clauses (ii), (iii), (iv), and (vii) ; and (B) by adding at the end the following: (14) Agriculture The term agriculture has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). ; (2) in subsection (k)(2)— (A) by redesignating subparagraphs (H), (I), and (J), as subparagraphs (I), (J), and (K), respectively; and (B) inserting after subparagraph (G) the following new subparagraph: (H) The Secretary of Agriculture. ; and (3) by adding at the end the following: (r) Prohibition with respect to agricultural companies and real estate (1) In general Notwithstanding any other provision of this section, if the Committee, in conducting a review and investigation under this section, determines that a transaction described in clause (i), (vi), or (vii) of subsection (a)(4)(B) would result in control by a covered foreign person of or investment by a covered foreign person in a United States business engaged in agriculture or private real estate used in agriculture, the President shall prohibit such transaction. (2) Waiver The President may waive, on a case-by-case basis, the requirement to prohibit a transaction under paragraph (1), not less than 30 days after the President determines and reports to the relevant committees of jurisdiction that it is vital to the national security interests of the United States to waive such prohibition. (3) Defined terms In this subsection: (A) Covered foreign person The term covered foreign person means a person that is— (i) acting on behalf of or otherwise directed by the government of a prohibited country; (ii) a citizen of a prohibited country; (iii) an entity that— (I) is registered or organized in a prohibited country; or (II) has a principal place of business in a prohibited country; or (iv) a subsidiary of an entity described in clause (iii). (B) Prohibited country The term prohibited country means any of the following: (i) The People's Republic of China. (ii) The Russian Federation. (iii) The Islamic Republic of Iran. (iv) The Democratic People's Republic of Korea. . (b) Report required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the risks that foreign purchases of United States businesses engaged in agriculture (as such term is defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 )) pose to the agricultural sector of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s4786is/xml/BILLS-117s4786is.xml |
117-s-4787 | II 117th CONGRESS 2d Session S. 4787 IN THE SENATE OF THE UNITED STATES August 7 (legislative day, August 6), 2022 Ms. Klobuchar (for herself, Mr. Graham , Mr. Coons , Mr. Blunt , Mr. Blumenthal , and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide support for nationals of Afghanistan who supported the United States mission in Afghanistan, adequate vetting for parolees from Afghanistan, adjustment of status for certain nationals of Afghanistan, and special immigrant status for at-risk Afghan allies and relatives of certain members of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the Afghan Adjustment Act . 2. Definitions (a) In general Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given the term in the immigration laws. (b) Definitions In this Act: (1) Immigration laws The term immigration laws has the meaning given the term in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) ). (2) Special immigrant status The term special immigrant status means special immigrant status provided under— (A) the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note; Public Law 111–8 ); or (B) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 note; Public Law 109–163 ). (3) Specified application The term specified application means— (A) an application for special immigrant status; (B) an application to seek admission to the United States through the United States Refugee Admission Program for an individual who has received a Priority 1 or Priority 2 referral to such program; and (C) an application for a special immigrant visa under section 7 or an amendment made by that section. (4) United States Refugee Admissions Program The term United States Refugee Admissions Program means the program to resettle refugees in the United States pursuant to the authorities provided in sections 101(a)(42), 207, and 412 of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) , 1157, and 1522). 3. Sense of Congress It is the sense of Congress that— (1) nationals of Afghanistan residing outside the United States who meet the requirements for admission to the United States through a specified application have aided the United States mission in Afghanistan during the past 20 years; and (2) the United States should increase support for such nationals. 4. Support for Afghan allies outside of the United States (a) Response to congressional inquiries The Secretary of State shall respond to inquiries by Members of Congress regarding a specified application submitted by, or on behalf of, a national of Afghanistan who has provided a confidentiality release. (b) Office in lieu of embassy During the period in which there is no operational United States embassy in Afghanistan, the Secretary of State shall establish and maintain an office capable of— (1) reviewing specified applications submitted by nationals of Afghanistan residing in Afghanistan; (2) issuing visas to such nationals; (3) to the greatest extent practicable, providing services to such nationals that would normally be provided by an embassy; and (4) carrying out any other function the Secretary considers necessary. 5. Interagency Task Force on Afghan Ally Strategy (a) Establishment Not later than 180 days after the date of the enactment of this Act, the President shall establish an Interagency Task Force on Afghan Ally Strategy (referred to in this section as the Task Force )— (1) to develop and oversee the implementation of the strategy described in subsection (d)(1)(B)(iv); and (2) to submit the report, and provide a briefing on the report, described in subsection (d). (b) Membership (1) In general The Task Force shall be comprised of— (A) the Secretary of State; (B) the Secretary of Homeland Security; (C) the Secretary of Defense; (D) the Director of the Federal Bureau of Investigation; (E) the Director of National Intelligence; and (F) any other Government official, as designated by the President. (2) Delegation A member of the Task Force may designate a representative to carry out the duties under this section. (c) Chair The Task Force shall be chaired by the Secretary of State. (d) Duties (1) Report and strategy (A) In general Not later than 180 days after the date of the enactment of this Act, the Task Force shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives a report that includes a strategy for supporting nationals of Afghanistan residing outside the United States who meet the requirements for admission to the United States through a specified application. (B) Elements The report required by subparagraph (A) shall include the following: (i) Estimates of— (I) (aa) the total number of nationals of Afghanistan residing in Afghanistan who have submitted specified applications that are pending and, as of the date on which the report is submitted, have not been adjudicated; and (bb) the number of such nationals, disaggregated by type of specified application described in subparagraphs (A), (B), and (C) of section 2(b)(3); and (II) (aa) the total number of nationals of Afghanistan residing in Afghanistan who meet the requirements for admission to the United States through specified applications; and (bb) the number of such nationals, disaggregated by type of specified application described in subparagraphs (A), (B), and (C) of section 2(b)(3). (ii) A description of the steps the Secretary of State has taken and is taking to facilitate the relocation and resettlement of nationals of Afghanistan who— (I) supported the United States mission in Afghanistan; and (II) remain in Afghanistan or in third countries. (iii) An identification of all considerations, including resource constraints, that limit the ability of the Secretary of State to facilitate such relocations and resettlements. (iv) A strategy and detailed plan that— (I) sets forth the manner in which members of the Task Force will address such considerations in order to facilitate such relocations and resettlements over different periods of time (including 1-year, 5-year, and 10-year periods) and an analysis of the expected number of nationals of Afghanistan who would be relocated or resettled through such strategy; and (II) addresses the constraints and opportunities for expanding support for such relocations and resettlements, including— (aa) the availability of remote processing for individuals residing in Afghanistan; (bb) the availability and capacity of mechanisms for individuals to be relocated from Afghanistan, including air charter or land passage; (cc) the availability and capacity of sites in third countries to process applications and conduct any required vetting, including identifying and establishing additional sites; (dd) resource, personnel, and equipment requirements to increase the capacity to better support such nationals of Afghanistan and reduce application processing times; (ee) the provision of updates and necessary information to affected individuals and relevant nongovernmental organizations; and (ff) any other matter the Task Force considers relevant to the implementation of the strategy. (v) Recommendations for how Congress can expand the number of nationals of Afghanistan who can be relocated or resettled over such periods of time by providing additional authorities or resources. (C) Form The report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. (2) Briefing Not later than 60 days after submitting the report required by paragraph (1), the Task Force shall brief the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives on the contents of such report. (e) Termination The Task Force shall remain in effect until the earlier of— (1) the date on which the strategy required by subsection (d)(1) has been fully implemented; or (2) the date that is 10 years after the date of the enactment of this Act. 6. Adjustment of status for eligible Afghan nationals (a) Definition of eligible Afghan national In this section, the term eligible Afghan national means— (1) an alien— (A) (i) who is a citizen or national of Afghanistan; or (ii) in the case of an alien having no nationality, whose former or last habitual residence was in Afghanistan; and (B) (i) who was inspected and admitted to the United States on or before the date of the enactment of this Act; (ii) who was paroled into the United States during the period beginning on July 30, 2021, and ending on the date of the enactment of this Act, provided that such parole has not been terminated by the Secretary of Homeland Security; (iii) whose travel to the United States was facilitated by, or coordinated with, the United States Government; or (iv) who arrived in the United States after the date of the enactment of this Act, provided that the Secretary of Homeland Security, in cooperation with other Federal agency partners, determines that the alien supported the United States mission in Afghanistan; (2) an alien who is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of an alien described in paragraph (1); and (3) an alien who is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of an alien described in paragraph (1) who is deceased. (b) Streamlined adjustment process for eligible Afghan nationals who supported the United States mission in afghanistan (1) In general Notwithstanding any other provision of law, the Secretary of Homeland Security shall adjust the status of an eligible Afghan national to the status of an alien lawfully admitted for permanent residence if— (A) the eligible Afghan national— (i) has— (I) received Chief of Mission approval as part of their application for special immigrant status; (II) received a Priority 1 or Priority 2 referral to the United States Refugee Admissions Program; or (III) a pending application for special immigrant status that was submitted on or before July 31, 2018; (ii) submits an application for adjustment of status in accordance with procedures established by the Secretary of Homeland Security; (iii) subject to paragraph (2), is otherwise admissible to the United States as an immigrant, except that the grounds of inadmissibility under paragraphs (4), (5), and (7)(A) of section 212(a) the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) shall not apply; and (iv) has complied with the vetting requirements under subsection (d)(1) to the satisfaction of the Secretary of Homeland Security; and (B) the Secretary of Homeland Security determines that the adjustment of status of the eligible Afghan national is not contrary to the national welfare, safety, or security of the United States. (2) Applicability of refugee admissibility requirements The provisions relating to admissibility for a refugee seeking adjustment of status under section 209(c) of the Immigration and Nationality Act ( 8 U.S.C. 1159(c) ) shall apply to an applicant for adjustment of status under this subsection. (c) Adjustment process for other eligible Afghan nationals (1) In general Notwithstanding any other provision of law, the Secretary of Homeland Security shall adjust the status of an eligible Afghan national who does not meet the requirements set forth in subsection (b)(1)(A)(i) to the status of an alien lawfully admitted for permanent residence if— (A) the eligible Afghan national— (i) has been physically present in the United States for a period not less than 2 years; (ii) submits an application for adjustment of status in accordance with procedures established by the Secretary of Homeland Security; (iii) subject to paragraph (2), is otherwise admissible to the United States as an immigrant, except that the grounds of inadmissibility under paragraphs (4), (5), and (7)(A) of section 212(a) the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) shall not apply; and (iv) has complied with the vetting requirements under paragraphs (1) and (2) of subsection (d) to the satisfaction of the Secretary of Homeland Security; and (B) the Secretary of Homeland Security determines that the adjustment of status of the eligible Afghan national is not contrary to the national welfare, safety, or security of the United States. (2) Waiver (A) In general With respect to an applicant for adjustment of status under this subsection, subject to subparagraph (B), the Secretary of Homeland Security may waive any applicable ground of inadmissibility under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) (other than paragraphs 2(C) or (3) of such section) for humanitarian purposes, to ensure family unity, or if a waiver is otherwise in the public interest. (B) Limitations The Secretary of Homeland Security may not waive under this paragraph any applicable ground of inadmissibility under section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) ) that arises due to criminal conduct that was committed— (i) on or after July 30, 2021; (ii) within the United States; and (iii) by an applicant for adjustment of status under this subsection. (C) Rule of construction Nothing in this paragraph may be construed to limit any other waiver authority. (3) Rule of construction Nothing in this subsection may be construed to require the Secretary of Homeland Security to complete the vetting process with respect to an applicant for adjustment of status under this subsection within the 2-year period described in paragraph (1)(A)(i). (d) Interview and vetting requirements (1) Vetting requirements for all applicants The Secretary of Homeland Security shall establish vetting requirements for applicants seeking adjustment of status under this section that are equivalent to the vetting requirements for refugees admitted to the United States through the United States Refugee Admissions Program, including an interview. (2) Additional vetting requirements for other eligible Afghan nationals The Secretary of Homeland Security, in consultation with the Secretary of Defense, shall maintain records that contain, for each applicant under subsection (c) for the duration of the pendency of their application for adjustment of status— (A) personal biographic information, including name and date of birth; (B) biometric information; (C) any criminal conviction occurring after the date on which the applicant entered the United States; and (D) the history of the United States Government vetting to which the applicant has submitted, including whether the individual has undergone in-person vetting. (3) Rule of construction Nothing in this subsection may be construed to limit the authority of the Secretary of Homeland Security to maintain records under any other law. (e) Protection for battered spouses (1) In general An alien whose marriage to an eligible Afghan national described in paragraph (1) of subsection (a) has been terminated shall be eligible for adjustment of status under this section as an alien described in paragraph (2) of that subsection for not more than 2 years after the date on which such marriage is terminated if there is a demonstrated connection between the termination of the marriage and battering or extreme cruelty perpetrated by the principal applicant. (2) Applicability of other law In reviewing an application for adjustment of status under this section with respect to spouses and children who have been battered or subjected to extreme cruelty, the Secretary of Homeland Security shall apply section 204(a)(1)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(J) ) and section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ). (f) Date of approval Upon the approval of an application for adjustment of status under this section, the Secretary of Homeland Security shall create a record of the alien’s admission as a lawful permanent resident as of the date on which the alien was inspected and admitted or paroled into the United States. (g) Prohibition on further authorization of parole (1) In general Except as provided in paragraph (2), an individual who is a national of Afghanistan shall not be authorized for an additional period of parole if such individual— (A) is eligible to apply for adjustment of status under this section; and (B) fails to submit an application for adjustment of status by the later of— (i) the date that is 1 year after the date on which final guidance described in subsection (h)(2) is published; or (ii) the date that is 1 year after the date on which such individual becomes eligible to apply for adjustment of status under this section. (2) Exception An individual described in paragraph (1)(A) may be authorized for an additional period of parole if such individual— (A) within the period described in paragraph (1)(B), seeks an extension to file an application for adjustment of status under this section; or (B) has previously submitted to a vetting equivalent of the vetting required under subsection (d). (3) Deadline for application Except as provided in paragraph (2), a national of Afghanistan who does not submit an application for adjustment of status within the timeline provided in paragraph (1)(B) may not later adjust status under this section. (h) Implementation (1) Interim guidance (A) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall issue guidance implementing this section. (B) Publication Notwithstanding section 553 of title 5, United States Code, such guidance— (i) may be published on the internet website of the Department of Homeland Security; and (ii) shall be effective on an interim basis immediately upon such publication but may be subject to change and revision after notice and an opportunity for public comment. (2) Final guidance Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall finalize guidance implementing this section. (i) Administrative review The Secretary of Homeland Security shall provide applicants for adjustment of status under this section with the same right to, and procedures for, administrative review as are provided to applicants for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ). (j) Prohibition on fees The Secretary of Homeland Security may not charge a fee to any eligible Afghan national in connection with— (1) an application for adjustment of status or employment authorization under this section; or (2) the issuance of a permanent resident card or an employment authorization document. (k) Pending applications During the period beginning on the date on which an alien files a bona fide application for adjustment of status under this section and ending on the date on which the Secretary of Homeland Security makes a final administrative decision regarding such application, any alien and any dependent included in such application who remains in compliance with all application requirements may not be— (1) removed from the United States unless the Secretary of Homeland Security makes a prima facie determination that the alien is, or has become, ineligible for adjustment of status under this section; (2) considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) ); or (3) considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )). (l) VAWA self petitioners Section 101(a)(51) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(51) ) is amended— (1) in subparagraph (F), by striking or ; (2) in subparagraph (G), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (H) subsections (b) and (c) of section 6 of the Afghan Adjustment Act . . (m) Exemption from numerical limitations Aliens granted adjustment of status under this section shall not be subject to the numerical limitations under sections 201, 202, and 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, and 1153). (n) Rule of construction Nothing in this section may be construed to preclude an eligible Afghan national from applying for or receiving any immigration benefit to which the eligible Afghan national is otherwise entitled. 7. Special immigrant status for at-risk Afghan allies and relatives of certain members of the Armed Forces (a) At-Risk Afghan allies (1) In general Subject to paragraph (4)(C), the Secretary of Homeland Security may provide an alien described in paragraph (2) (and the spouse, children of the alien if accompanying or following to join the alien) with the status of special immigrant under section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) if the alien— (A) or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act ( 8 U.S.C. 1153(b)(4) ); (B) is otherwise admissible to the United States and eligible for lawful permanent residence (excluding the grounds of inadmissibility under section 212(a)(4) of such Act ( 8 U.S.C. 1182(a)(4) )); (C) clears a background check and appropriate screening, as determined by the Secretary of Homeland Security; and (D) the Secretary of Homeland Security determines that the adjustment of status of the alien is not contrary to the national welfare, safety, or security of the United States. (2) Alien described An alien described in this paragraph is an alien who— (A) is a citizen or national of Afghanistan; (B) was a member of— (i) the Afghanistan National Army Special Operations Command; (ii) the Afghan Air Force; (iii) the Special Mission Wing of Afghanistan; or (iv) the Female Tactical Teams of Afghanistan; and (C) provided faithful and valuable service to an entity or organization described in subparagraph (B) for not less than 1 year. (3) Department of Defense assessment (A) In general Not later than 30 days after receiving a request for an assessment from the Secretary of Homeland Security, the Secretary of Defense shall— (i) review the service record of the principal applicant; (ii) submit an assessment to the Secretary of Homeland Security as to whether— (I) the principal applicant meets the requirements under paragraph (2); and (II) the adjustment of status of such alien, and the spouse, children, and parents of such alien, if accompanying or following to join the alien, is not contrary to the national welfare, safety, or security of the United States; and (iii) submit with such assessment— (I) any service record concerned; and (II) any biometrics for the principal applicant that have been collected by the Department of Defense. (B) Effect of assessment A favorable assessment under subparagraph (A)(ii) shall create a presumption that— (i) the principal applicant meets the requirements under paragraph (2); and (ii) the admission of such alien, and the spouse, children, and parents of the alien, if accompanying or following to join the alien, is not contrary to the national welfare, safety, or security of the United States. (C) Efficient processing For purposes of a background check and appropriate screening required to be granted special immigrant status under this subsection, the Secretary of Homeland Security, as appropriate, shall use biometric data collected by the Secretary of Defense or the Secretary of State not more than 5 years before the date on which an application for such status is filed. (b) Special immigrant status for certain relatives of certain members of the armed forces Section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) is amended— (1) in subparagraph (L)(iii), by adding a semicolon at the end; (2) in subparagraph (M), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (N) a citizen or national of Afghanistan who is the spouse, child, or unmarried son or daughter of— (i) a member of the armed forces (as defined in section 101(a) of title 10, United States Code); or (ii) a veteran (as defined in section 101 of title 38, United States Code). . (c) General provisions (1) Prohibition on fees The Secretary of Homeland Security, the Secretary of Defense, or the Secretary of State may not charge any fee in connection with an application for, or issuance of, a special immigrant visa under this section or an amendment made by this section. (2) Representation An alien applying for admission to the United States under this section, or an amendment made by this section, may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government. (3) Exclusion from numerical limitations Aliens provided special immigrant visas under this section, or an amendment made by this section, shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) , 1152(a), and 1153(b)(4)) or section 602 of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note). (4) Assistance with passport issuance The Secretary of State shall make a reasonable effort to ensure that an alien who is issued a special immigrant visa under this section, or an amendment made by this section, is provided with the appropriate series Afghan passport necessary to enter the United States. (5) Protection of aliens The Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall make a reasonable effort to provide an alien who is seeking special immigrant status under this section, or an amendment made by this section, protection or to immediately remove such alien from Afghanistan, if possible. (6) Other eligibility for immigrant status No alien shall be denied the opportunity to apply for admission under this section, or an amendment made by this section, solely because the alien qualifies as an immediate relative or is eligible for any other immigrant classification. (7) Resettlement support A citizen or national of Afghanistan who is granted special immigrant status described in section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of such Act ( 8 U.S.C. 1157 ) to the same extent, and for the same periods of time, as such refugees. (8) Adjustment of status Notwithstanding paragraph (2), (7), or (8) of subsection (c) of section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ), the Secretary of Homeland Security may adjust the status of an alien described in subparagraph (N) of section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) or subsection (a)(2) of this section to that of an alien lawfully admitted for permanent residence under subsection (a) of such section 245 if the alien— (A) was paroled or admitted as a nonimmigrant into the United States; and (B) is otherwise eligible for special immigrant status under— (i) this section; or (ii) the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (9) Appeals (A) Administrative review Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide to aliens who have applied for special immigrant status under this section a process by which an applicant may seek administrative appellate review of a denial of an applicant for special immigrant status or a revocation of such status. (B) Judicial review Except as provided in subparagraph (C), and notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for special immigrant status or a revocation of such status under this Act, in an appropriate United States district court. (C) Stay of removal (i) In general Except as provided in clause (ii), an alien seeking administrative or judicial review under this Act may not be removed from the United States until a final decision is rendered establishing that the alien is ineligible for special immigrant status under this section. (ii) Exception The Secretary may remove an alien described in clause (i) pending judicial review if such removal is based on national security concerns. Such removal shall not affect the alien’s right to judicial review under this Act. The Secretary shall promptly return a removed alien if a decision to deny an application for special immigrant status under this Act, or to revoke such status, is reversed. 8. Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the remaining provisions of this Act, to any person or circumstance, shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s4787is/xml/BILLS-117s4787is.xml |
117-s-4788 | II 117th CONGRESS 2d Session S. 4788 IN THE SENATE OF THE UNITED STATES September 6, 2022 Ms. Baldwin introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties.
1. Short title This Act may be cited as the Go Pack Go Act of 2022 . 2. Carriage of network station signals in certain counties (a) In general Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended by adding at the end the following: 345. Carriage of network station signals in certain counties (a) Definitions In this section— (1) the term cable operator has the meaning given the term in section 602; (2) the terms covered county and in-State, adjacent-market network station retransmission have the meanings given those terms in section 119(d) of title 17, United States Code, except that, in the case of a cable operator, any reference to a satellite carrier or a subscriber of a satellite carrier shall be considered to be a reference to a cable operator or a subscriber of a cable operator, respectively; (3) the term local market has the meaning given the term in section 122(j) of title 17, United States Code; (4) the term local network station means, with respect to a subscriber and a television network, the network station— (A) that is affiliated with the television network; and (B) within the local market in which the subscriber is located; and (5) the terms network station and satellite carrier have the meanings given those terms in section 119(d) of title 17, United States Code. (b) Subscriber election A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber— (1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; (2) an in-State, adjacent-market network station retransmission; or (3) both retransmissions described in paragraphs (1) and (2). (c) Relationship to local signal carriage requirements If a subscriber elects to receive only an in-State, adjacent-market network station retransmission under subsection (b)— (1) the provision of that retransmission to the subscriber shall be deemed to fulfill any obligation of the cable operator or satellite carrier to provide to the subscriber the signal of a local network station under section 338, 614, or 615; and (2) in the case of a satellite carrier that has been recognized as a qualified carrier under section 119(f) of title 17, United States Code, the provision of that retransmission instead of the signal of a local network station shall not affect the status of the satellite carrier as a qualified carrier for purposes of that section and section 342 of this Act. (d) Requirement subject to technical feasibility for satellite carriers A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. (e) Treatment of in-State, adjacent-Market network station retransmissions by cable operators (1) Retransmission consent exception Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. (2) Deemed significantly viewed In the case of an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation. . (b) Treatment of in-State, adjacent-Market network station retransmissions by satellite carriers Section 339 of the Communications Act of 1934 ( 47 U.S.C. 339 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ; and (B) in paragraph (2), by adding at the end the following: (I) In-State, adjacent-market network station retransmissions Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties. ; and (2) in subsection (d)— (A) by redesignating paragraphs (1) through (5) as paragraphs (3) through (7), respectively; and (B) by inserting before paragraph (3), as so redesignated, the following: (1) Covered county The term covered county has the meaning given the term in section 119(d) of title 17, United States Code. (2) In-State, adjacent-market network station retransmission The term in-State, adjacent-market network station retransmission has the meaning given the term in section 119(d) of title 17, United States Code. . (c) No effect on ability To receive significantly viewed signals Section 340(b)(3) of the Communications Act of 1934 ( 47 U.S.C. 340(b)(3) ) is amended by inserting before the period at the end the following: or to a subscriber who elects under section 345(b), with respect to the network with which the station whose signal is being retransmitted pursuant to this section is affiliated, to receive an in-State, adjacent-market network station retransmission (as defined in section 119(d) of title 17, United States Code) instead of the signal of a local network station (as defined in section 345) . 3. Availability of copyright license (a) Secondary transmissions of distant television programming by satellite Section 119 of title 17, United States Code, is amended— (1) in subsection (a)(2)(B)(i), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this clause. ; and (2) in subsection (d)— (A) in paragraph (10)— (i) in subparagraph (A), by striking ; or and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ; and (B) by adding at the end the following: (17) In-State, adjacent-market network station retransmission The term in-State, adjacent-market network station retransmission means the secondary transmission by a satellite carrier of the primary transmission of any network station whose community of license is located— (A) in the State of a subscriber; and (B) in a local market that is adjacent to the local market of the subscriber. (18) Covered county The term covered county means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: (A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn. (B) The county is not in the local market of any television broadcast station— (i) that is affiliated with the same network; and (ii) whose community of license is located in the State of the subscriber. . (b) Secondary transmissions of local television programming by satellite Section 122(a) of title 17, United States Code, is amended— (1) in paragraph (2)(A), by inserting after under paragraph (1) the following: (or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 345(b) of the Communications Act of 1934) ; and (2) in paragraph (3)(A), by inserting after under paragraph (1) the following: (or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 345(b) of the Communications Act of 1934) . | https://www.govinfo.gov/content/pkg/BILLS-117s4788is/xml/BILLS-117s4788is.xml |
117-s-4789 | II 117th CONGRESS 2d Session S. 4789 IN THE SENATE OF THE UNITED STATES September 6, 2022 Ms. Hassan introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish a competitive grant program at the Department of Housing and Urban Development to support the construction, preservation, or rehabilitation of affordable workforce housing in areas with shortages of affordable housing units for sale, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Expand Housing Opportunities Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Workforce Housing Development Act Sec. 101. Short title. Sec. 102. Competitive grant program to support workforce housing units. TITLE II—State Affordable Housing Trust Fund Match Act Sec. 201. Short title. Sec. 202. State affordable housing trust fund match. TITLE III—Prevent Evictions Act Sec. 301. Short title. Sec. 302. Definitions. Sec. 303. Landlord-tenant mediation competitive grant program. I Workforce Housing Development Act 101. Short title This title may be cited as the Workforce Housing Development Act . 102. Competitive grant program to support workforce housing units (a) Definitions In this section: (1) Affordable The term affordable , with respect to a workforce housing unit, means that the total housing costs for the unit do not exceed 30 percent of the income of the buyer of the workforce housing unit. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Financial Services of the House of Representatives. (3) Dwelling The term dwelling means any building, structure, or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by 1 or more individuals. (4) Eligible entity The term eligible entity means— (A) a State or unit of local government; (B) a nonprofit housing developer; (C) an agency or instrumentality of a State; (D) a public housing agency; (E) a community development financial institution, as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ); (F) a resident-owned community; and (G) any other entity that supports housing development, as determined by the Secretary. (5) First-time homebuyer The term first-time homebuyer has the meaning given the term in section 104 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 ). (6) Nonprofit housing developer The term nonprofit housing developer means a nonprofit organization having as one of its principal purposes the creation, development, or preservation of housing, including a subsidiary of a public housing agency. (7) Program The term Program means the grant program established under this section. (8) Public housing agency; State The terms public housing agency and State have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (9) Secretary The term Secretary means the Secretary of Housing and Urban Development. (10) Total housing costs The term total housing costs means mortgage principal and interest, taxes, and insurance. (11) Workforce housing unit The term workforce housing unit means a 1- to 4-unit dwelling— (A) that is the primary residence of the buyer; (B) in which none of the units are rented; and (C) that is affordable to buyers with incomes of not more than 100 percent of the area median income. (b) Establishment The Secretary shall establish a competitive grant program to award grants to eligible entities to increase the supply of affordable workforce housing units. (c) Use of funds A recipient of a grant under the Program shall use grant funds for the construction, preservation, or rehabilitation of workforce housing units, which shall remain affordable for a period of not less than 5 years from the sale of the workforce housing unit. (d) Application and selection process (1) Application An eligible entity desiring a grant under the Program shall submit to the Secretary an application at such time, in such manner, and containing— (A) a description of the construction, preservation, or rehabilitation projects to be supported by the grant; and (B) any additional information as the Secretary may require. (2) Selection of grantees (A) In general The Secretary shall establish criteria to award grants under the Program on a competitive basis, which may include consideration of whether— (i) the median price of workforce housing units in the area to be served by the grant is increasing; (ii) the supply of available workforce housing units in the area to be served by the grant is decreasing; and (iii) whether employers in the area to be served by the grant are struggling to recruit employees due to the lack of affordable housing options. (B) Priority The Secretary shall prioritize awarding grants to eligible entities that demonstrate a lack of affordable workforce housing units in the area to be served by the grant. (e) Report to Congress Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on the implementation of the Program, which shall include— (1) a list of grant recipients and the amount awarded to each grant recipient; (2) a description of the projects assisted using grant funds, including the number of affordable workforce housing units created, preserved, and rehabilitated under the Program; (3) a description of the households that purchased homes assisted under the Program, including the number of first-time homebuyers; and (4) any other metrics that the Secretary determines necessary. (f) Workforce Housing Development Fund (1) In general There is established in the Treasury a fund to be known as the Workforce Housing Development Fund to carry out the Program. (2) Authorization of appropriations There is authorized to be appropriated and deposited into the fund established under paragraph (1) such sums as may be necessary for fiscal year 2023 and each fiscal year thereafter. II State Affordable Housing Trust Fund Match Act 201. Short title This title may be cited as the State Affordable Housing Trust Fund Match Act . 202. State affordable housing trust fund match Section 217 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12747 ) is amended by adding at the end the following: (e) State affordable housing trust fund match (1) Definitions In this subsection: (A) Affordable housing needs The term affordable housing needs means housing, housing construction, or housing improvements designated for low-income individuals, including individuals experiencing substance use disorders, veterans, individuals in rural communities, individuals experiencing homelessness, or individuals experiencing disabilities. (B) Bonus amount The term bonus amount means an increased amount allocated to a State under paragraph (2)(A). (C) Covered housing assistance The term covered housing assistance — (i) means housing-related assistance that— (I) is provided by the Federal Government or a State or local government, or an agency or instrumentality thereof; and (II) imposes affordable housing quality or safety measures that are acceptable to the Secretary; and (ii) includes— (I) assistance provided under— (aa) the HOME Investment Partnerships Program under this title; (bb) the Federal Housing Administration’s Risk-Sharing Programs under section 542 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–22 ); (cc) the Community Development Block Grant Program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); or (dd) the Housing Trust Fund under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ); (II) tax credits provided under section 42 of the Internal Revenue Code of 1986; and (III) funding derived from proceeds of bonds that are— (aa) exempt from tax under section 103 of the Internal Revenue Code of 1986; and (bb) part of an issue 95 percent or more of the proceeds of which are used to provide qualified residential rental projects (as defined in section 142(d) of such Code). (D) COVID–19 emergency period The term COVID–19 emergency period means the period beginning in fiscal year 2020 and ending in the fiscal year that begins after the last day 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. (E) Eligible State (i) In general The term eligible State , with respect to eligibility to receive a bonus amount for a fiscal year, means a State that made a qualifying expenditure during any of the 3 preceding fiscal years, subject to clause (ii). (ii) COVID–19 emergency If the 3-fiscal year period referred to in clause (i) would include a fiscal year occurring during the COVID–19 emergency period, a State may elect to have the Secretary apply that clause by substituting the 3 most recent fiscal years that did not coincide with the COVID–19 emergency period for the 3 preceding fiscal years . (F) Housing for individuals experiencing substance use disorders The term housing for individuals experiencing substance use disorders means— (i) housing that— (I) is designed to meet the needs of an individual experiencing a substance use disorder or a family that includes such an individual; and (II) makes available supportive services that address the physical health, mental health, behavioral health, substance use treatment, or other needs of an individual described in subclause (I), which may include such services to the family of the individual; and (ii) recovery housing, as defined in section 550 of the Public Health Service Act ( 42 U.S.C. 290ee–5 ). (G) Qualifying expenditure The term qualifying expenditure means an expenditure— (i) that was obligated, through a State affordable housing trust fund, for a project that also received covered housing assistance; (ii) (I) not less than 20 percent of the beneficiaries of which are households with an income that is not more than 30 percent of the area median income; or (II) not less than 40 percent of the beneficiaries of which are households with an income that is not more than 60 percent of the area median income; (iii) that has a period of affordability of not less than 15 years; and (iv) that has not been counted for purposes of the non-Federal matching requirement under section 220. (H) Qualifying expenditure for extremely low-income households The term qualifying expenditure for extremely low-income households means a qualifying expenditure that satisfies the criterion under subclause (I) of subparagraph (G)(ii). (I) Qualifying expenditure for low-income households The term qualifying expenditure for low-income households means a qualifying expenditure that satisfies the criterion under subclause (II) of subparagraph (G)(ii). (J) State affordable housing trust fund The term State affordable housing trust fund means a fund operated by a State, or an agency or instrumentality thereof— (i) that— (I) provides financial assistance for a variety of affordable housing needs; and (II) receives public funding; and (ii) without regard to whether the State (or agency or instrumentality) designates the fund as a trust fund or otherwise. (2) Bonus amounts (A) In general Subject to subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, with respect to an eligible State that submits a complete application to the Secretary under paragraph (4), the Secretary shall increase the amount that would otherwise be allocated to the State under this section by an amount equal to the sum of the amounts calculated by the Secretary for the State under subparagraphs (A) and (B) of paragraph (3). (B) Demand exceeding available funds If the total amount of bonus amounts that would otherwise be allocated under subparagraph (A) for a fiscal year exceeds the amounts made available to carry out this subsection for that fiscal year, the Secretary shall reduce the bonus amount allocated to each State under subparagraph (A) on a pro rata basis. (3) Bonus amount formulas (A) Standard amount The amount calculated under this subparagraph for a State for a fiscal year shall be 50 percent of the average amount that the State obligated for qualifying expenditures for low-income households during each of the preceding 3 fiscal years, subject to subparagraph (D). (B) Enhanced amount The amount calculated under this subparagraph for a State for a fiscal year shall be not more than 75 percent of the average amount that the State obligated, during each of the preceding 3 fiscal years, subject to subparagraph (D), for— (i) qualifying expenditures for low-income households for projects that substantially complied with the definition of the term housing for individuals experiencing substance use disorders under paragraph (1); or (ii) qualifying expenditures for extremely low-income households. (C) No double-counting of qualifying expenditures A qualifying expenditure by a State or State-designated entity counted under subparagraph (B) may not be counted under subparagraph (A). (D) COVID–19 emergency If the 3-fiscal year period referred to in subparagraphs (A) and (B) would include a fiscal year occurring during the COVID–19 emergency period, a State may elect to have the Secretary make the calculation under those subparagraphs using the 3 most recent fiscal years that did not coincide with the COVID–19 emergency period. (4) Application (A) In general An eligible State that wishes to receive a bonus amount shall submit to the Secretary an application, as part of the annual action plan required under section 91.320 of title 24, Code of Federal Regulations (or any successor regulation), in accordance with subparagraph (B). (B) Contents An application submitted under subparagraph (A) shall include, for purposes of determining the amount of the bonus amount— (i) a list of each qualifying expenditure that the State wishes to be counted for purposes of calculating the amount of the bonus amount, including the fiscal year in which the qualifying expenditure was made; (ii) a description of each project that the State has funded using a qualifying expenditure described in clause (i); (iii) whether the State wishes each qualifying expenditure described in clause (i) to be counted in calculating— (I) the standard amount under paragraph (3)(A); or (II) the enhanced amount under paragraph (3)(B); (iv) the amount of each qualifying expenditure described in clause (i); (v) an explanation of how each qualifying expenditure described in clause (i)— (I) satisfies the definition of the term qualifying expenditure under paragraph (1), including the requirement under clause (i) of that definition; and (II) if applicable— (aa) funded a project that substantially complies with the definition of the term housing for individuals experiencing substance use disorders under paragraph (1); or (bb) was a qualifying expenditure for extremely low-income households; and (vi) a timeline for completion of each project described in clause (ii). (C) Tracking of funds The Secretary shall, for each State that wishes to receive a bonus amount— (i) require the State to develop and maintain a system to— (I) track obligated funds from a State affordable housing trust fund; and (II) ensure that each obligation described in subclause (I) that the State claims as a qualifying expenditure under subparagraph (B)(i) constitutes a qualifying expenditure; and (ii) establish minimum requirements for agreements, between the State and each entity that receives assistance from the State in the form of a qualifying expenditure, which shall include— (I) appropriate periodic financial and project reporting, record retention, and audit requirements for the duration of the assistance to ensure compliance with the definition of the term qualifying expenditure under paragraph (1); and (II) any other requirements that the Secretary determines are necessary to ensure appropriate administration of amounts from State affordable housing trust funds for purposes of this subsection. (5) Oversight (A) Report to Congress Not later than September 30, 2026, and every 4 years thereafter, the Secretary shall submit a report to Congress regarding the implementation of this subsection during the preceding 4-year period. (B) Contents In each report submitted under subparagraph (A), the Secretary shall— (i) identify each State that received a bonus amount, and the amount of the bonus amount; (ii) describe whether States have increased investment in and obligation of funds from State affordable housing trust funds as a result of the increased funding provided under this subsection; (iii) describe how many more units were created by the bonus amount in each State that received a bonus amount; (iv) describe the populations targeted by projects that were funded with qualifying expenditures or funded by bonus amounts, such as individuals experiencing substance use disorders, veterans, individuals in rural communities, individuals experiencing homelessness, or individuals experiencing disabilities; (v) describe the average length of affordability periods for— (I) projects funded with qualifying expenditures; and (II) projects funded by bonus amounts; (vi) for each State that received a bonus amount, describe whether the State used the bonus amount for— (I) rehabilitation of owner-occupied housing; (II) assistance to home buyers; or (III) rental housing activities; and (vii) assess any other metric that the Secretary determines necessary. (6) Authorization of appropriations There are authorized to be appropriated to the Secretary for fiscal year 2023 and each fiscal year thereafter such amounts as may be necessary to carry out this subsection. (7) Relation to minimum State allocation Nothing in this subsection shall be construed to authorize the Secretary to consider the amount of a bonus amount allocated to a State in determining under subsection (b)(2) whether the formula established under subsection (b) would allocate less than $3,000,000 to the State. . III Prevent Evictions Act 301. Short title This title may be cited as the Prevent Evictions Act . 302. Definitions In this title: (1) Covered grant The term covered grant means an implementation grant or program expansion grant. (2) Eligible entity The term eligible entity means a State or a court thereof, a political subdivision of a State or a court thereof, a Tribal government, or any other appropriate public or nonprofit entity as determined by the Secretary, that is formulating or carrying out a program that primarily involves meditation between landlords and tenants. (3) Implementation grant The term implementation grant means a grant awarded under section 303(b). (4) Program expansion grant The term program expansion grant means a grant awarded under section 303(c). (5) Secretary The term Secretary means the Secretary of Housing and Urban Development. 303. Landlord-tenant mediation competitive grant program (a) In general The Secretary shall award competitive grants under subsections (b) and (c) to eligible entities to assist those entities in establishing and administering, or continuing, landlord-tenant mediation programs. (b) Implementation grants (1) In general The Secretary shall award competitive grants to eligible entities to assist the entities in establishing and administering landlord-tenant mediation programs. (2) Term The term of an implementation grant shall be 2 years. (3) Amount The amount of an implementation grant shall be not more than $1,500,000. (4) Use of funds An eligible entity may use an implementation grant to establish— (A) a statewide mediation program; or (B) a mediation program in a political subdivision of a State or in the jurisdiction of an Indian Tribe that demonstrates a high need for such a program due to— (i) the rate of evictions in the political subdivision or Tribal jurisdiction; or (ii) other characteristics of the political subdivision or Indian Tribe that contribute to the rate of evictions in the political subdivision or Tribal jurisdiction. (5) Federal share The Federal share of the cost of a mediation program established using an implementation grant may not exceed 50 percent. (c) Program expansion grants (1) In general The Secretary shall award competitive grants to eligible entities to assist the entities in continuing activities related to landlord-tenant mediation. (2) Term The term of a program expansion grant shall be 3 years. (3) Amount The amount of a program expansion grant shall be not more than $1,000,000. (4) Maintenance of effort (A) In general Subject to subparagraph (B), amounts made available to an eligible entity under a program expansion grant shall be used to supplement, and not supplant, contributions made by the eligible entity for existing landlord-tenant mediation activities. (B) Reduction of existing funding To the extent that amounts from a program expansion grant are used to replace funding for existing landlord-tenant mediation activities that is reduced for reasons beyond the control of the eligible entity, such use shall not be considered supplanting of amounts contributed by the eligible entity for purposes of subparagraph (A). (d) General rules for covered grants (1) Use of funds An eligible entity may use a covered grant to pay for operating costs, staff salaries, mediator compensation, information technology, interpreters, outreach services, and recruitment. (2) Good faith participation An eligible entity that receives a covered grant shall encourage each party participating in the landlord-tenant mediation program funded by the grant to make a good faith effort to discuss potential resolutions. (3) Geographic and population diversity The Secretary shall ensure, to the maximum extent practicable, that recipients of covered grants represent— (A) diverse geographical areas of the United States; and (B) States, political subdivisions of States, and Indian Tribes of varying population sizes. (4) Free to tenants A tenant may not be charged for participating in landlord-tenant mediation funded by a covered grant. (e) Oversight requirements For each year of a covered grant received by an eligible entity, the eligible entity shall submit to the Secretary a report that— (1) describes how the eligible entity used the grant funds during that year; and (2) includes any performance data, relating to programs funded by the covered grant, that the eligible entity submitted to a State or political subdivision thereof, if applicable. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2023 and each fiscal year thereafter. | https://www.govinfo.gov/content/pkg/BILLS-117s4789is/xml/BILLS-117s4789is.xml |
117-s-4790 | II 117th CONGRESS 2d Session S. 4790 IN THE SENATE OF THE UNITED STATES September 6, 2022 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase funding for the Patient Navigator Research Program of the National Cancer Institute.
1. Short title This Act may be cited as the Patient Navigator Enhancement Act . 2. Funding for the Patient Navigator Research Program of the National Cancer Institute (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall use amounts allocated under subsection (b) for purposes of carrying out the Patient Navigator Research Program of the National Cancer Institute. (b) Allocation of amounts Notwithstanding any other provision of law, out of any unobligated amounts returned by or recouped from recipients of past distributions from the Provider Relief Fund, the Secretary shall allocate such amounts as the Secretary determines appropriate for purposes of carrying out subsection (a). (c) Provider relief fund In this section, the term Provider Relief Fund means the funding appropriated to prevent, prepare for, and respond to coronavirus, domestically or internationally, for necessary expenses to reimburse, through grants or other mechanisms, eligible health care providers for health care related expenses or lost revenue attributable to coronavirus for which appropriations are made under— (1) the third paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund in division B of the CARES Act ( Public Law 116–136 ); (2) the first paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund in division B of the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ); and (3) the fourth paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund in title III of division H of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4790is/xml/BILLS-117s4790is.xml |
117-s-4791 | One Hundred Seventeenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two S. 4791 IN THE SENATE OF THE UNITED STATES AN ACT To amend section 301 of title 44, United States Code, to establish a term for the appointment of the Director of the Government Publishing Office.
1. Term for appointment of the Director of the Government Publishing Office (a) In general Section 301 of title 44, United States Code, is amended— (1) by inserting (a) before The President ; and (2) by adding at the end the following: (b) The Director shall be appointed for a term of 10 years. (c) An individual appointed to the position of Director, by and with the advice and consent of the Senate, may be reappointed to that position in accordance with subsections (a) and (b). . (b) Application to incumbent If there is an individual serving in the position of Director of the Government Publishing Office, by and with the advice and consent of the Senate, on the date of enactment of this Act— (1) the amendments made by subsection (a) shall apply with respect to the appointment of such individual; and (2) the term of the individual for purposes of subsection (b) of section 301 of title 44, United States Code, as added by subsection (a), shall be considered to have started on the date on which the individual assumed the office of Director of the Government Publishing Office.
Speaker of the House of Representatives Vice President of the United States and President of the Senate | https://www.govinfo.gov/content/pkg/BILLS-117s4791enr/xml/BILLS-117s4791enr.xml |
117-s-4792 | II 117th CONGRESS 2d Session S. 4792 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Durbin 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 establish fair and consistent eligibility requirements for graduate medical schools operating outside the United States and Canada.
1. Short title This Act may be cited as the Foreign Medical School Accountability Fairness Act of 2022 . 2. Purpose To establish consistent eligibility requirements for graduate medical schools operating outside of the United States and Canada in order to increase accountability and protect American students and taxpayer dollars. 3. Findings Congress finds the following: (1) Three for-profit schools in the Caribbean have historically received nearly ¾ of all Federal funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) that goes to students enrolled at foreign graduate medical schools, despite those three schools being exempt from meeting the same eligibility requirements as the majority of graduate medical schools located outside of the United States and Canada. (2) The National Committee on Foreign Medical Education and Accreditation and the Department of Education recommend that all foreign graduate medical schools should be required to meet the same eligibility requirements to participate in Federal funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). (3) The attrition rate at United States medical schools averaged 3.3 percent between 1993 and 2013, while rates at for-profit Caribbean medical schools have been known to reach 30 percent. (4) In 2022, residency match rates for foreign trained graduates averaged 61.4 percent compared to 92.9 percent for graduates of allopathic medical schools in the United States and 91.3 percent for graduates of osteopathic medical schools in the United States. (5) On average, students at for-profit medical schools operating outside of the United States and Canada amass more student debt than those at medical schools in the United States. 4. Repeal grandfather provisions Section 102(a)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a)(2) ) is amended— (1) in subparagraph (A), by striking clause (i) and inserting the following: (i) in the case of a graduate medical school located outside the United States— (I) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part D of title IV; and (II) at least 75 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of title IV; ; and (2) in subparagraph (B)(iii), by adding at the end the following: (V) Expiration of authority The authority of a graduate medical school described in subclause (I) to qualify for participation in the loan programs under part D of title IV pursuant to this clause shall expire beginning on the first July 1 following the date of enactment of the Foreign Medical School Accountability Fairness Act of 2022 . . 5. Loss of eligibility If a graduate medical school loses eligibility to participate in the loan programs under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) due to the enactment of the amendments made by section 4, then a student enrolled at such graduate medical school on or before the date of enactment of this Act may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under such part D while attending such graduate medical school in which the student was enrolled upon the date of enactment of this Act, subject to the student continuing to meet all applicable requirements for satisfactory academic progress, until the earliest of— (1) withdrawal by the student from the graduate medical school; (2) completion of the program of study by the student at the graduate medical school; or (3) the fourth June 30 after such loss of eligibility. | https://www.govinfo.gov/content/pkg/BILLS-117s4792is/xml/BILLS-117s4792is.xml |
117-s-4793 | II 117th CONGRESS 2d Session S. 4793 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Cornyn (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require a plan to clarify the roles and responsibilities of officials and organizations of the Army with respect to the force modernization efforts of the Army.
1. Short title This Act may be cited as the Army Facilitating Untapped Technology, Utilities, Resources, and Equipment for Servicemembers Act of 2022 or the Army FUTURES Act of 2022 . 2. Clarification of roles and responsibilities for force modernization efforts of the Army (a) Plan required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan that comprehensively defines the roles and responsibilities of officials and organizations of the Army with respect to the force modernization efforts of the Army. (b) Elements The plan required under subsection (a) shall— (1) identify the official within the Army who shall have primary responsibility for the force modernization efforts of the Army, and specify the roles, responsibilities, and authorities of that official; (2) clearly define the roles, responsibilities, and authorities of the Army Futures Command and the Assistant Secretary of the Army for Acquisition, Logistics, and Technology with respect to such efforts; (3) clarify the roles, responsibilities, and authorities of officials and organizations of the Army with respect to acquisition in support of such efforts; and (4) include such other information as the Secretary of the Army determines appropriate. (c) Role of Army Futures Command In the event the Secretary of the Army does not submit the plan required under subsection (a) by the expiration of the 180-day period specified in such subsection, then beginning at the expiration of such period— (1) the Commanding General of the Army Futures Command shall have the roles, responsibilities, and authorities assigned to the Commanding General pursuant to Army Directive 2020–15 ( Achieving Persistent Modernization ) as in effect on November 16, 2020; and (2) any provision of Army Directive 2022–07 ( Army Modernization Roles and Responsibilities ), or any successor directive, that modifies or contravenes a provision of the directive specified in paragraph (1) shall have no force or effect. | https://www.govinfo.gov/content/pkg/BILLS-117s4793is/xml/BILLS-117s4793is.xml |
117-s-4794 | II 117th CONGRESS 2d Session S. 4794 IN THE SENATE OF THE UNITED STATES September 7, 2022 Ms. Baldwin 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 with respect to opioid overdose reversal medication access, education, and co-prescribing grant programs, and for other purposes.
1. Short title This Act may be cited as the Naloxone Education and Access Act . 2. Opioid overdose reversal medication access, education, and co-prescribing grant programs Section 545 of the Public Health Service Act ( 42 U.S.C. 290ee ) is amended— (1) in the section heading, by striking access and education and inserting access, education, and co-prescribing ; (2) in subsection (a)— (A) in the subsection heading, by striking to States ; (B) in the matter preceding paragraph (1), by striking States and inserting eligible entities ; (C) in paragraph (1), by striking for pharmacists to dispense a drug or device approved or cleared and inserting that increase access to drugs and devices approved, cleared, or otherwise legally marketed ; (D) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; (E) by inserting after paragraph (2) the following: (3) encourage health care providers to co-prescribe, as appropriate, drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; (4) support innovative community-based distribution programs of drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; ; (F) in paragraphs (5) and (6), as so redesignated, by striking approved or cleared each place it appears and inserting approved, cleared, or otherwise legally marketed ; (3) in subsection (b)— (A) by striking State and inserting eligible entity ; and (B) by striking approved or cleared and inserting approved, cleared, or otherwise legally marketed ; (4) in subsection (c)— (A) in the matter preceding paragraph (1), by striking States and inserting eligible entities ; and (B) by striking approved or cleared each place it appears and inserting approved, cleared, or otherwise legally marketed ; (5) in subsection (d)— (A) in paragraph (1), by striking A State and inserting An eligible entity ; (B) in paragraph (2), by striking 3 and inserting 5 ; and (C) by amending paragraph (3) to read as follows: (3) Limitation An eligible entity may use— (A) not more than 10 percent of a grant under this section for educating the public pursuant to subsection (a)(6); and (B) not less than 20 percent of a grant under this section to offset cost-sharing for distribution and dispensing of drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose. ; (6) in subsection (e), by striking a State and inserting an eligible entity ; (7) in subsection (f)— (A) by striking A State and inserting An eligible entity ; (B) by striking in the State and inserting in the jurisdiction of the eligible entity ; and (C) by striking approved or cleared and inserting approved, cleared, or otherwise legally marketed ; (8) by amending subsection (g) to read as follows: (g) Definitions In this section: (1) Eligible entity The term eligible entity means a State, locality, Indian Tribe, Tribal organization, or Urban Indian organization. (2) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act. (3) Standing order The term standing order means a document prepared by a person authorized to prescribe medication that permits another person to acquire, dispense, or administer medication without a person-specific prescription. (4) Tribal organization The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act. (5) Urban Indian organization The term Urban Indian organization has the meaning given the term in section 4 of the Indian Health Care Improvement Act. ; and (9) in subsection (h)(1)— (A) by striking $5,000,000 and inserting $10,000,000 ; and (B) by striking 2017 through 2019 and inserting 2023 through 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s4794is/xml/BILLS-117s4794is.xml |
117-s-4795 | II 117th CONGRESS 2d Session S. 4795 IN THE SENATE OF THE UNITED STATES September 7, 2022 Ms. Stabenow (for herself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes.
1. Short title This Act may be cited as the Fostering Postsecondary Success for Foster and Homeless Youth Act of 2022 . 2. Recognition of foster care youth- and homeless youth-friendly institutions of higher education Title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161a et seq. ) is amended by adding at the end the following new part: BB Foster care youth- and homeless youth-friendly institutions 899. Recognition of foster care youth- and homeless youth-friendly institutions of higher education (a) General authority The Secretary shall recognize eligible institutions that offer outstanding support services and other programs tailored to the needs of foster care youth and homeless youth. (b) Designation An eligible institution recognized by the Secretary under subsection (a) shall be designated as Foster and Homeless Youth Friendly . (c) Application To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, each application shall include a detailed description of the programs and services available for, and that serve, foster care youth and homeless youth that are offered by the institution, which may include programs and services such as— (1) mentorship programs that formally match foster care youth and homeless youth with a peer or adult mentor; (2) academic support services to supplement or complement the classroom instruction provided to foster care youth and homeless youth; (3) housing assistance programs under which the institution provides— (A) on-campus or off-campus housing directly to foster care youth and homeless youth; or (B) financial support to cover the housing costs of foster care youth and homeless youth; (4) life and workforce skills development programs that teach or enhance the skills that foster care youth and homeless youth may require to be successful in their personal and professional lives; (5) financial aid or scholarships available exclusively to foster care youth and homeless youth; (6) counseling or mental health services provided by a licensed professional with expertise in serving foster care youth and homeless youth; (7) case management services and efforts to facilitate participation in other Federal assistance programs for which students may be eligible; (8) an institutional point of contact for such students; and (9) such other programs and services as the Secretary determines to be appropriate in consultation with the individuals and entities described in subsection (e). (d) Selection process (1) General requirements (A) Annual, merit-based selection On an annual basis, the Secretary shall select eligible institutions for recognition under subsection (a) from among institutions that submit applications to the Secretary under subsection (c). The Secretary shall select such institutions on a competitive basis, based solely on merit. (B) Geographic diversity not required The Secretary shall not consider geographic diversity among the States as a factor in the selection of eligible institutions for recognition under subsection (a). (2) Criteria and procedures Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). The guidelines shall be developed and implemented as follows: (A) Draft guidelines Not later than 180 days after the date of the enactment of this section, the Secretary shall issue draft guidelines, which shall be made available for public comment for a period of not less than 90 days. (B) Revised guidelines Not later than 90 days after the end of the public comment period specified in subparagraph (A), the Secretary shall issue revised guidelines, which shall be made available for public comment for a period of not less than 30 days. (C) Final guidelines Not later than 30 days after the end of the public comment period specified in subparagraph (B), the Secretary shall publish and implement the final guidelines. (e) Consultation In carrying out the program under this section, the Secretary shall consult with appropriate individuals and entities outside the Department of Education, which may include— (1) other Federal agencies; (2) State agencies; (3) institutions of higher education; (4) nonprofit and advocacy organizations; (5) current and former foster care youth; and (6) students who have experienced homelessness. (f) Information sharing On an annual basis, the Secretary shall publish, on a publicly accessible website of the Department of Education— (1) a profile of each institution recognized under subsection (a) in the most recent year; and (2) a comprehensive list of all institutions previously recognized under subsection (a). (g) Ensuring continuity of quality programs and services for foster and homeless youth (1) Institutional review (A) In general Not less frequently than once every 5 years, the Secretary shall review each institution recognized under subsection (a) to determine whether the programs and services provided by the institution continue to meet the criteria required for such recognition. (B) Notice If the Secretary determines under subparagraph (A) that an institution no longer meets the criteria for recognition under subsection (a), the Secretary shall transmit written notice of such determination to the institution. (C) Revocation After transmitting the notice required under subparagraph (B), the Secretary shall— (i) revoke the institution’s recognition under subsection (a); and (ii) remove the profile established for the institution under subsection (f)(1) from the website of the Department of Education. (D) Reapplication An institution that loses recognition under subsection (a) may reapply for such recognition in a subsequent application year. (2) Briefing Not later than 3 years after the date of enactment of this section, and not less frequently than once every 2 years thereafter, the Secretary shall provide to Congress a briefing that identifies— (A) strategies used by institutions that proved effective in meeting the needs of foster care youth and homeless youth; and (B) recommendations on how to improve programs and services for foster care youth and homeless youth. 899A. Training, evaluation, and information center (a) In general Not later than 2 years after the date of enactment of this section, the Secretary shall establish a Center for Fostering Postsecondary Success for Foster and Homeless Youth (referred to in this section as the Center ). (b) Duties The duties of the Center shall be to assist institutions of higher education in establishing and maintaining programs for foster care youth and homeless youth, including by— (1) providing technical assistance; (2) collecting, evaluating, and delivering information on best practices for such programs; and (3) maintaining resources to help foster care youth and homeless youth navigate postsecondary education. (c) Cooperative agreement For the purpose of carrying out this section, the Secretary may enter into cooperative agreements with one or more organizations with expertise in support services and other programs tailored to the needs of foster care youth and homeless youth, including— (1) nonprofit nongovernmental organizations; (2) Federal and State government agencies; (3) institutions of higher education, including public, private, and land-grant colleges and universities, and minority-serving institutions; and (4) such other organizations as the Secretary determines to be appropriate. (d) Priority In entering into agreements with organizations under subsection (c), Secretary shall give priority to organizations that— (1) are capable of engaging with foster care youth and homeless youth and programs that serve such youth and demonstrate expertise in understanding the unique needs of such youth; (2) demonstrate the capacity to effectively implement outreach, training, and coordination functions; (3) are capable of producing resources and materials that can easily be replicated and distributed to institutions of higher education in multiple formats; (4) have working partnerships with— (A) nonprofit and private sector organizations; and (B) local, State, and Tribal governments; (5) have the ability to work in underserved communities; and (6) have an organizational mission aligned with goals of the program under this part. (e) Rule of construction Nothing in this section shall be construed to provide the Center with the authority to issue mandates to, or impose requirements on, any institution of higher education. (f) Limitation on use of funds (1) Limitation on use of funds for establishment Of the funds made available to carry out this part for each of fiscal years 2022 and 2023, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. (2) Limitation on use of funds for operation Of the funds made available to carry out this part for each fiscal year beginning after fiscal year 2023, the Secretary may use not more than $1,000,000 in each fiscal year to support the operations of the Center. 899B. Definitions In this part: (1) Eligible institution The term eligible institution means— (A) an institution of higher education (as defined in section 101); or (B) a postsecondary educational institution operated or controlled by the Bureau of Indian Education. (2) Foster care youth The term foster care youth means an individual whose care and placement is the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. ; 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of such Act ( 42 U.S.C. 672 ) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. (3) Homeless youth The term homeless youth has the meaning given the term homeless children and youths in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). (4) Minority-serving institution The term minority-serving institution means an eligible institution described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). . | https://www.govinfo.gov/content/pkg/BILLS-117s4795is/xml/BILLS-117s4795is.xml |
117-s-4796 | II 117th CONGRESS 2d Session S. 4796 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To repeal the limitations on multiple ownership of radio and television stations imposed by the Federal Communications Commission, to prohibit the Federal Communications Commission from limiting common ownership of daily newspapers and full-power broadcast stations, and for other purposes.
1. Short title This Act may be cited as the Local News and Broadcast Media Preservation Act of 2022 . 2. Regulation of broadcast ownership by the Federal Communications Commission (a) Repeal of multiple broadcast station ownership rules (1) In general The Federal Communications Commission may not impose any limitation on the number of radio or television stations— (A) that a person or entity may directly or indirectly own, operate, or control; or (B) in which a person or entity may have a cognizable interest. (2) Regulations In accordance with paragraph (1), the Federal Communications Commission shall repeal section 73.3555 of title 47, Code of Federal Regulations. (3) Technical and conforming amendment Section 202 of the Telecommunications Act of 1996 ( Public Law 104–104 ; 110 Stat. 108) is amended by striking subsections (a) through (d) and (h). (b) Prohibition on limitation of newspaper and broadcast station cross-Ownership The Federal Communications Commission may not impose any limitation on the ability of a person or entity to own 1 or more daily newspapers and 1 or more full-power broadcast stations. 3. Clayton Act Section 7 of the Clayton Act ( 15 U.S.C. 18 ) is amended by adding at the end the following: For purposes of an acquisition described in this section, the market share in any geographic market of the television broadcasting market, the radio broadcasting market, or the daily newspaper publication market (or any relevant product market within such markets) of the acquiring person as a result of the acquisition shall not be considered to substantially lessen competition or to tend to create a monopoly. . 4. Safe harbor for certain collective negotiations (a) Definitions In this section: (1) Antitrust laws The term antitrust laws — (A) has the meaning given the term in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12 ); and (B) includes— (i) section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that section applies to unfair methods of competition; and (ii) any State law (including regulations) that prohibits or penalizes the conduct described in, or is otherwise inconsistent with, subsection (b). (2) News content creator The term news content creator means— (A) any print, broadcast, or digital news organization that— (i) has a dedicated professional editorial staff that creates and distributes original news and related content concerning local, national, or international matters of public interest on at least a weekly basis; and (ii) is commercially marketed through subscriptions, advertising, or sponsorship; and (B) (i) provides original news and related content, with the editorial content consisting of not less than 25 percent current news and related content; or (ii) broadcasts original news and related content pursuant to a license granted by the Federal Communications Commission under title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ). (3) Online content distributor The term online content distributor means any entity that— (A) operates a website or other online service that displays, distributes, or directs users to news articles, works of journalism, or other content on the internet that is generated by third-party news content creators; and (B) has not fewer than 1,000,000,000 monthly active users, in the aggregate, of all of its websites or online services worldwide. (b) Limitation of liability A news content creator may not be held liable under the antitrust laws for engaging in negotiations with any other news content creator during the 4-year period beginning on the date of enactment of this Act to collectively withhold content from, or negotiate with, an online content distributor regarding the terms on which the news content of the news content creator may be distributed by the online content distributor, if— (1) the negotiations with the online content distributor— (A) are not limited to price; (B) are nondiscriminatory as to similarly situated news content creators; (C) directly relate to the quality, accuracy, attribution or branding, and interoperability of news; and (D) pertain to terms that would be available to all news content creators; (2) the coordination between the news content creators is directly related to and reasonably necessary for negotiations with an online content distributor that are otherwise consistent with this Act; and (3) the negotiations do not involve any person that is not a news content creator or an online content distributor. (c) Rule of construction Except as provided in this Act, this Act shall not be construed to modify, impair, or supersede the operation of the antitrust laws. | https://www.govinfo.gov/content/pkg/BILLS-117s4796is/xml/BILLS-117s4796is.xml |
117-s-4797 | II 117th CONGRESS 2d Session S. 4797 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Young (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To designate the clinic of the Department of Veterans Affairs in Mishawaka, Indiana, as the Jackie Walorski VA Clinic .
1. Findings Congress finds the following: (1) Jackie Walorski was born August 17, 1963, in South Bend, Indiana. (2) Jackie Walorski grew up in South Bend raised by her parents, Martha, who worked at a local grocery store, and Raymond, an Air Force veteran and firefighter who owned an appliance store. (3) Jackie Walorski graduated from James Whitcomb Riley High School in 1981 and is an alumna of Taylor University. (4) Upon her graduation, Jackie Walorski worked as a reporter for a television station in South Bend and later worked for local chapters of the Humane Society and Chamber of Commerce as well as served as a development officer for area universities. (5) In 2000, she and her husband Dean Swihart moved to Romania and founded Impact International, a nonprofit foundation that provided medical supplies and attention to impoverished children while they served as missionaries there for four years. (6) In 2004, she was elected to the Indiana House of Representatives and subsequently reelected to that office every two years where she served three full terms in office. (7) In 2012, she was elected to the United States House of Representatives and subsequently reelected to that office until her death in a tragic car accident in 2022. (8) During her service in the United States House of Representatives, she was a passionate advocate for all her constituents, but especially veterans in the area. (9) During her service in the United States House of Representatives, she served on the Committee on Veterans’ Affairs for two terms, during that time authoring the Veterans Mobility Safety Act of 2016 ( Public Law 114–256 ). (10) In 2017, through her persistent advocacy for area veterans, the Department of Veterans Affairs completed construction of a medical clinic in St. Joseph County, Indiana, to meet the needs of Michiana area veterans. 2. Designation of Jackie Walorski Department of Veterans Affairs Clinic (a) Designation The clinic of the Department of Veterans Affairs located in Mishawaka, Indiana, shall after the date of the enactment of this Act be known and designated as the Jackie Walorski VA Clinic . (b) References Any reference in any law, regulation, map, document, paper, or other record of the United States to the clinic referred to in subsection (a) shall be considered to be a reference to the Jackie Walorski VA Clinic . | https://www.govinfo.gov/content/pkg/BILLS-117s4797is/xml/BILLS-117s4797is.xml |
117-s-4798 | II 117th CONGRESS 2d Session S. 4798 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To rescind certain funding provided to the Internal Revenue Service under section 10301 of Public Law 117–169 .
1. Rescission of certain funds for enhanced Internal Revenue Service resources Effective on the date of enactment of this Act, the unobligated balances of the amounts made available under the following provisions of Public Law 117–169 are rescinded: (1) Internal Revenue Service enforcement funds Section 10301(1)(A)(ii). (2) Internal Revenue Service operations support Section 10301(1)(A)(iii). | https://www.govinfo.gov/content/pkg/BILLS-117s4798is/xml/BILLS-117s4798is.xml |
117-s-4799 | II 117th CONGRESS 2d Session S. 4799 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Rubio (for himself, Mr. Risch , Mr. Crapo , Mrs. Capito , Mr. Wicker , Mr. Scott of Florida , Ms. Collins , Mr. Cornyn , and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To simplify the grant process for nonurbanized areas, and for other purposes.
1. Short title This Act may be cited as the Simplifying Grants Act of 2022 . 2. Definitions In this Act: (1) Agency The term agency means an Executive department or independent establishment, as such terms are defined in sections 101 and 104 of title 5, United States Code, respectively. (2) Covered local government The term covered local government means a local government located in an area of which the population is less than the population required to be an urbanized area. (3) Director The term Director means the Director of the Office of Management and Budget. (4) Local government The term local government means a county, municipality, city, town, township, or other general purpose political subdivision of a State. (5) State The term State means any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (6) Urbanized area The term urbanized area means an urbanized area, as determined by the Bureau of the Census for purposes of the most recent decennial census of population. 3. Grant process simplification (a) Existing grant programs For each grant program of an agency in existence on the date of enactment of this Act under which covered local governments are eligible to receive grants, not later than 180 days after the date of enactment of this Act— (1) the Director shall— (A) conduct a review of the complexity of the requirements for a covered local government to receive funds under a grant under the program; and (B) provide to the head of the agency instructions on how to simplify such requirements; and (2) the head of the agency, in consultation with the Director, shall simplify such requirements. (b) New grant programs For each grant program of an agency established after the date of enactment of this Act under which covered local governments are eligible to receive grants, before the application for grants under the program becomes available— (1) the Director shall— (A) conduct a review of the complexity of the proposed requirements for a covered local government to receive funds under a grant under the program; and (B) provide to the head of the agency instructions on how to simplify such requirements; and (2) the head of each agency, in consultation with the Director, shall simplify such requirements. (c) Checklists (1) In general In accordance with paragraph (2), the head of each agency shall make publicly available a checklist for covered local governments with respect to each grant program of the agency for which covered local governments are otherwise eligible that includes each requirement for each step of the grant process for a grant under the grant program. (2) Deadline The head of an agency shall make publicly available a checklist under paragraph (1)— (A) with respect to a grant program in existence on the date of enactment of this Act, not later than 180 days after the date of enactment of this Act; and (B) with respect to a grant program established after the date of enactment of this Act, on the date on which the application for the grant program becomes available. 4. Reporting (a) One-Time report Not later than 270 days after the date of enactment of this Act, the Director shall submit to Congress a report evaluating, as of the date of submission of the report— (1) the extent to which agencies have simplified the requirements for covered local governments under section 3(a); and (2) the extent to which agencies made available checklists under section 3(c)(1) for each grant program in existence on the date of enactment of this Act. (b) Ongoing report Not later than April 1 of the first year after the year during which this Act is enacted, and every April 1 thereafter, the Director shall submit to Congress a report evaluating— (1) the amount of technical assistance provided to covered local governments during the previous fiscal year by agencies relating to the preaward, award, implementation, and closeout stages of grants awarded by the agencies; and (2) the amount of funds that were awarded by agencies during the previous fiscal year to— (A) covered local governments; and (B) local governments that are not covered local governments. | https://www.govinfo.gov/content/pkg/BILLS-117s4799is/xml/BILLS-117s4799is.xml |
117-s-4800 | II 117th CONGRESS 2d Session S. 4800 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Hickenlooper (for himself, Mr. Scott of South Carolina , Mr. Ossoff , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid-career professionals to study nonviolent movements to establish and protect civil rights around the world.
1. Short title This Act may be cited as the John Lewis Civil Rights Fellowship Act of 2022 . 2. John Lewis Civil Rights Fellowship Program The Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. ) is amended by adding at the end the following: 115. John Lewis Civil Rights Fellowship Program (a) Establishment There is established the John Lewis Civil Rights Fellowship Program (referred to in this section as the Fellowship Program ) within the J. William Fulbright Educational Exchange Program. (b) Purposes The purposes of the Fellowship Program are— (1) to honor the legacy of Representative John Lewis by promoting a greater understanding of the history and tenets of nonviolent civil rights movements; and (2) to promote studies, research, and international exchange in the subject of nonviolent movements that established and protected civil rights around the world. (c) Administration The Bureau of Educational and Cultural Affairs (referred to in this section as the Bureau ) shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. (d) Selection of fellows (1) In general The Board shall annually select qualified individuals to participate in the Fellowship Program. The Board may determine the number of fellows selected each year, which shall be not fewer than 25 whenever feasible. (2) Outreach (A) In general The Bureau should conduct outreach at organizations described in subparagraph (B)— (i) to broaden the pool of qualified applicants; and (ii) to facilitate, to the extent practicable, diversity within each cohort of fellows. (B) Organizations described The organizations described in this subparagraph are— (i) minority serving institutions, including historically Black colleges and universities; and (ii) other appropriate institutions, as determined by the Board. (C) Definitions In this paragraph: (i) Diversity The term diversity means diversity of individuals based on factors including race, color, religion, sex, pregnancy, gender identity, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, or military service. (ii) Historically Black college and university The term historically Black college and university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (iii) Minority serving institution The term minority-serving institution means an eligible institution under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (e) Fellowship orientation Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall— (1) be held in Washington, DC, or at another location selected by the Bureau; and (2) include programming to honor the legacy of Representative John Lewis. (f) Structure (1) Work plan To carry out the purposes described in subsection (b)(2)— (A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement— (i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and (ii) in a country with an operational Fulbright U.S. Student Program; and (B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. (2) Conferences; presentations Each fellow shall— (A) before commencing the fellowship, attend a fellowship orientation organized and administered by the Bureau under subsection (e); (B) not later than the date that is 1 year after the end of the fellowship period, attend a fellowship summit organized and administered by the Bureau, which shall be held in Atlanta, Georgia, or at another location of importance to the civil rights movement in the United States and selected by the Bureau; and (C) at such summit, give a presentation on lessons learned during the period of fellowship. (3) Fellowship period Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. (g) Fellowship award The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for— (1) the reasonable costs of the fellow during the fellowship period; and (2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). (h) Briefing Not later than 1 year after the date of the selection of the initial cohort of fellows under subsection (d), and annually thereafter, the Secretary of State shall brief Congress on the state of the Fellowship Program, including— (1) a description of the demographics of the cohort of fellows that completed a fellowship during the preceding 1-year period; (2) an analysis of the diversity of fellows based on the demographics of each cohort of fellows that completed a fellowship as of the date of the briefing; and (3) an analysis of trends relating to the diversity of each cohort of fellows over the course of the Fellowship Program. . 3. Technical and conforming amendments to the Mutual Educational and Cultural Exchange Act of 1961 Section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2460(a) ) is amended— (1) in paragraph (8), by striking ; and and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting ; and ; and (3) by adding at the end the following: (10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries. . | https://www.govinfo.gov/content/pkg/BILLS-117s4800is/xml/BILLS-117s4800is.xml |
117-s-4801 | II 117th CONGRESS 2d Session S. 4801 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize Counter-UAS activities on and off commercial service airport property, and for other purposes.
1. Short title This Act may be cited as the Stopping Harmful Incidents to Enforce Lawful Drone Use Act or the SHIELD U Act . 2. Definitions In this Act: (1) Commercial service airport The term commercial service airport has the meaning given that term in paragraph (7) of section 47102 of title 49, United States Code, and includes the area of navigable airspace necessary to ensure safety in the takeoff and landing of aircraft at the airport. (2) Covered air carrier The term covered air carrier means an air carrier or a foreign air carrier as those terms are defined in section 40102 of title 49, United States Code. (3) Counter-UAS activities The term Counter-UAS activities means the following: (A) Detecting, identifying, monitoring, and tracking an unmanned aircraft or unmanned aircraft system, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft or unmanned aircraft system. (B) Warning an operator of an unmanned aircraft or unmanned aircraft system, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means. (C) Disrupting control of an unmanned aircraft or unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft or unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft or unmanned aircraft system. (D) Seizing or exercising control of an unmanned aircraft or unmanned aircraft system. (E) Seizing or otherwise confiscating an unmanned aircraft or unmanned aircraft system. (F) Using reasonable force to disable, damage, or destroy an unmanned aircraft or unmanned aircraft system. (4) Navigable airspace The term navigable airspace has the meaning given that term in paragraph (32) of section 40102 of title 49, United States Code. (5) Non-kinetic equipment The term non-kinetic equipment means equipment that is used to— (A) intercept or otherwise access a wire communication, an oral communication, an electronic communication, or a radio communication used to control an unmanned aircraft or unmanned aircraft system; and (B) disrupt control of the unmanned aircraft or unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft or unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications that are used to control the unmanned aircraft or unmanned aircraft system. (6) Threats posed by an unmanned aircraft or unmanned aircraft system The term threats posed by an unmanned aircraft or unmanned aircraft system means an unauthorized activity of an unmanned aircraft or unmanned aircraft system that is reasonably believed to— (A) create the potential for bodily harm to, or loss of human life of, a person within property under the jurisdiction of— (i) a commercial service airport; or (ii) a State or locality; or (B) have the potential to cause severe economic damage to— (i) property of a commercial service airport; or (ii) property under the jurisdiction of a State or locality. (7) Unmanned aircraft, unmanned aircraft system The terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49, United States Code. 3. Counter-UAS activities on commercial service airport property (a) Counter-UAS activities (1) In general Notwithstanding any other provision of law and subject to paragraph (3), with respect to a commercial service airport, the following departments and agencies may, in a manner consistent with the Fourth Amendment to the Constitution of the United States, carry out Counter-UAS activities for purposes of detecting, identifying, and mitigating the threats posed by an unmanned aircraft or unmanned aircraft system to the safety or security of the airport: (A) The Department of Homeland Security. (B) The State and local law enforcement agencies in the State in which the airport is located. (C) The law enforcement agency of the airport. (2) Testing authority Subject to paragraphs (3) and (4), the Secretary of Homeland Security, the heads of the State or local law enforcement agencies of the State in which a commercial service airport is located, or the law enforcement agency of the commercial service airport, may research, test, provide training on, and evaluate any equipment, including any electronic equipment, to determine the capability and utility of the equipment to carry out Counter-UAS activities to detect, identify, and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system to the safety or security of the airport. (3) Airport operator consent required Activities permitted under paragraph (1) or (2) shall only be carried out with the consent of, in consultation with, and with the participation of, the airport operator. (4) Consultation requirement for testing of non-kinetic equipment Any testing of non-kinetic equipment carried out under the authority of this subsection shall be done in consultation with the Federal Communications Commission and the National Telecommunications and Information Administration. (b) Non-Kinetic equipment (1) In general Before adopting any standard operating procedures within a tactical response plan for use of non-kinetic equipment to carry out a Counter-UAS activity under the authority of this section, the Secretary of Homeland Security and the heads of the State, local, or airport law enforcement agencies of the State in which a commercial service airport is located, shall do the following: (A) Consult with the Federal Communications Commission and the National Telecommunications and Information Administration about the use of non-kinetic equipment to carry out a Counter-UAS activity consistent with the tactical response plan updates required under subsection (c). (B) Jointly, with the Federal Communications Commission and the National Telecommunications and Information Administration, create a process for an authorized designee of the commercial service airport to, consistent with procedures outlined in the tactical response plan (as updated under subsection (c)), notify the Commission when non-kinetic equipment has been used to carry out a Counter-UAS activity. (2) FCC and NTIA duties The Federal Communications Commission and the National Telecommunications and Information Administration shall— (A) not later than 30 days after the date of enactment of this Act, assign to an office of the Commission and to an office of the Administration, respectively, responsibility for carrying out the consultation regarding the use of non-kinetic equipment to carry out Counter-UAS activities required by paragraph (1)(A) and the consultation regarding the testing of non-kinetic equipment required by subsection (a)(4); and (B) not later than 180 days after the responsibility described in subparagraph (A) is assigned to each such office— (i) publicly designate an office of the Commission and an office of the Administration, respectively, to receive the notifications from commercial service airports required under paragraph (1)(B); and (ii) make publicly available the process for the Commission and the Administration to carry out any follow up consultation, if necessary. (3) Nonduplication To the greatest extent practicable, the Federal Communications Commission and the National Telecommunications and Information Administration shall coordinate with respect to the consultations, process creation, follow up consultations, and other requirements of this subsection and subsection (a)(4) so as to minimize duplication of requirements, efforts, and expenditures. (c) Tactical response plan updates (1) Task force Not later than 2 years after the date of enactment of this Act, the airport director of each commercial service airport shall convene a task force for purposes of establishing or modifying the emergency action preparedness plan for the airport to include a tactical response plan for the detection, identification, and mitigation of threats posed by an unmanned aircraft or unmanned aircraft system. (2) Required coordination Each task force convened under paragraph (1) shall coordinate the establishing or modifying of the airport's emergency action preparedness plan with representatives of the following: (A) The Department of Transportation. (B) The Federal Aviation Administration. (C) The Department of Homeland Security. (D) The State and local law enforcement agencies in the State in which the airport is located. (E) The law enforcement agency of the airport. (F) The covered air carriers operating at the airport. (G) Representatives of general aviation operators at the airport. (H) Representatives of providers of telecommunications and broadband service with a service area that covers the airport property or the navigable airspace necessary to ensure safety in the takeoff and landing of aircraft at such airport. (3) Duties As part of the inclusion of a tactical response plan in the emergency action preparedness plan for a commercial service airport, each task force convened under paragraph (1) shall do the following: (A) Create and define the various threat levels posed by an unmanned aircraft or unmanned aircraft system to the airport. (B) Create the standard operating procedures for responding to each threat level defined under subparagraph (A) that include a requirement to minimize collateral damage. (C) Define and assign to each entity specified in paragraph (2), the role and responsibilities of the entity in carrying out the standard operating procedures for responding to a specified threat posed by an unmanned aircraft or unmanned aircraft system to the airport. (D) Designate the applicable State and local law enforcement agencies, or the law enforcement agency of the airport, in coordination with the Department of Homeland Security, as the first responders to any specified threat posed by an unmanned aircraft or unmanned aircraft system to the airport. (E) Narrowly tailor the use of non-kinetic Counter-UAS equipment (if applicable under the standard operating procedures) to only temporary activities necessary to mitigate an immediate threat posed by an unmanned aircraft or unmanned aircraft system to the airport. (F) Incorporate any existing Federal guidance for updating airport emergency plans for responding to unauthorized unmanned aircraft system operations into 1 tactical response plan for addressing threats posed by an unmanned aircraft or unmanned aircraft system. (4) Rule of construction Nothing in this subsection shall be construed to require multiple tactical response plans or emergency action preparedness plans for addressing the threats posed by an unmanned aircraft, an unmanned aircraft system, or unauthorized unmanned aircraft system operations. (d) Airport improvement program eligibility Notwithstanding section 47102 of title 49, United States Code, the definition of the term airport development under that section shall include the purchase of equipment necessary to carry out Counter-UAS activities at commercial service airports. (e) Best practices (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration and the Administrator of the Transportation Security Administration acting jointly and in collaboration with airport directors of commercial service airports, shall— (A) publish guidance regarding best practices for use of Counter-UAS Activities at commercial service airports; and (B) make such guidance available to the airport director for each commercial service airport in the United States. (2) Annual updates The guidance issued under this subsection shall be annually updated to incorporate the most recent results and conclusions regarding best practices for the use of Counter-UAS activities at commercial service airports. 4. Counter-UAS activities off commercial service airport property (a) In general Notwithstanding any other provision of law, with respect to a State, the State and local law enforcement agencies in the State may, in a manner consistent with the Fourth Amendment to the Constitution of the United States, carry out Counter-UAS activities for purposes of detecting, identifying, and mitigating the threats posed by an unmanned aircraft or unmanned aircraft system within the jurisdiction of the State or locality. (b) Testing authority (1) In general (A) States and localities Subject to paragraphs (2) and (3), any State or locality of a State may establish testing areas for purposes of researching, testing, providing training on, and evaluating of any equipment, including any electronic equipment, to determine the capability and utility of the equipment to carry out Counter-UAS activities to detect, identify, and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system within the jurisdiction of the State or locality. (B) Private sector entities Subject to paragraphs (2) and (3), any private sector entity may establish testing areas for purposes of researching, testing, providing training on, and evaluating of any equipment, including any electronic equipment, to determine the capability and utility of the equipment to carry out Counter-UAS activities to detect, identify, and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system, so long as such activities are carried out in accordance with applicable State and local laws. (2) FAA cooperation The Federal Aviation Administration shall cooperate with any action by a State, a locality of a State, or a private sector entity to designate airspace to be used for testing under paragraph (1) unless the State, locality, or entity designates an area of airspace that would create a significant safety hazard to airport operations, air navigation facilities, air traffic control systems, or other components of the national airspace system that facilitate the safe and efficient operation of manned civil, commercial, or military aircraft within the United States. (3) Consultation requirement for testing of non-kinetic equipment Any testing of non-kinetic equipment carried out under the authority of this subsection shall be done in consultation with the Federal Communications Commission and the National Telecommunications and Information Administration. (c) Non-Kinetic equipment (1) In general Before adopting any standard operating procedures for using any non-kinetic equipment to carry out a Counter-UAS activity under the authority of this section, a State or local law enforcement agency shall do the following: (A) Consult with the Federal Communications Commission and the National Telecommunications and Information Administration about the use of non-kinetic equipment to carry out a Counter-UAS activity and the standard operating procedures that the State or local law enforcement agency will follow for use of such equipment. (B) Jointly, with the Federal Communications Commission and the National Telecommunications and Information Administration create a process for an authorized designee of the State or local law enforcement agency to notify the Commission when non-kinetic equipment has been used to carry out a Counter-UAS activity. (2) FCC and NTIA duties The Federal Communications Commission shall— (A) not later than 30 days after the date of enactment of this Act, assign to an office of the Commission and to an office of the Administration, respectively, responsibility for carrying out the consultation regarding the use of non-kinetic equipment to carry out Counter-UAS activities required under paragraph (1)(A) and the consultation regarding the testing of non-kinetic equipment required by subsection (b)(3); and (B) not later than 180 days after the responsibility described in subparagraph (A) is assigned to each such office— (i) publicly designate an office of the Commission and an office of the Administration, respectively, to receive the notifications from State or local law enforcement agencies required under paragraph (1)(B); and (ii) make publicly available the process for the Commission and the Administration to carry out any follow up consultation, if necessary. (3) Nonduplication To the greatest extent practicable, the Federal Communications Commission and the National Telecommunications and Information Administration shall coordinate with respect to the consultations, process creation, follow up consultations, and other requirements of this subsection and subsection (a)(4) so as to minimize duplication of requirements, efforts, and expenditures. (d) Coordination with the FAA Section 376 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44802 note) is amended— (1) in subsection (b), by adding at the end the following: (4) Permit a process for an applicable State or local law enforcement agency to notify and coordinate with the Federal Aviation Administration on actions being taken by the State or local law enforcement agency to exercise the Counter-UAS activities authority established under section 4(a) of the SHIELD U Act . ; and (2) in subsection (c)— (A) in paragraph (3)(G), by striking and after the semicolon; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (5) establish a process that allows for collaboration and coordination between the Federal Aviation Administration and the law enforcement of a State or local government with respect to the use of the Counter-UAS activities authority established under section 4(a) of the SHIELD U Act . . (e) Interim notification plan (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a process under which— (A) the law enforcement agency of a State or local government may notify the Administrator of an active threat posed by an unmanned aircraft or unmanned aircraft system within the jurisdiction of the State or local law enforcement agency and the intent of the agency to facilitate Counter-UAS activities; (B) the Administrator, based on notice made pursuant to subparagraph (A), shall issue immediate warnings to operators of both manned and unmanned aircraft operating within the area of airspace where the law enforcement agency’s Counter-UAS activities are taking place; and (C) the Administrator and the State and local law enforcement agency notify UAS operators and manned operators in the area that an area of airspace is clear once the State and local law enforcement have concluded the Counter-UAS activities to mitigate the threat. (2) Sunset The process established under paragraph (1) shall terminate on the date on which the unmanned aircraft systems traffic management system required under section 376 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44802 note) is fully implemented. 5. Authority to enter into contracts to protect facilities from unmanned aircraft (a) Authority The following Federal departments are authorized to enter into contracts to carry out the following authorities: (1) The Department of Defense for the purpose of carrying out activities under section 130i of title 10, United States Code. (2) The Department of Homeland Security for the purpose of carrying out activities under section 210G of the Homeland Security Act of 2002 ( 6 U.S.C. 124n ). (3) The Department of Justice for the purpose of carrying out activities under section 210G of the Homeland Security Act of 2002 ( 6 U.S.C. 124n ). (4) The Department of Energy for the purpose of carrying out activities under section 4510 of the Atomic Energy Defense Act ( 50 U.S.C. 2661 ). (b) Federal Acquisition Regulation Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to implement the authority provided under subsection (a). (c) Annual publication of recommended vendors and equipment (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget, in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Attorney General, the Secretary of Energy, the Secretary of Transportation, and the heads of such other Federal departments or agencies as determined appropriate by the Director of the Office of Management and Budget, shall publish and make available to State and local governments the following: (A) A list of vendors that are eligible under the Federal Acquisition Regulation to enter into contracts with the Federal Government to carry out Counter-UAS activities. (B) A list of Counter-UAS equipment that is recommended by the Federal Government to carry out Counter-UAS activities. (2) Annual risk assessment The Director of the Office of Management and Budget, in consultation with the heads of the applicable Federal departments and agencies, shall review and reassess the vendors and equipment specified on the lists required to be published and made available under paragraph (1) based on a risk assessment that is jointly considered by the applicable agencies as part of each annual update of such lists. 6. Federal law enforcement training Section 884(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 464(c) ) is amended— (1) in paragraph (9), by striking and at the end; (2) by redesignating paragraph (10) as paragraph (11); and (3) by inserting after paragraph (9) the following: (10) develop and implement homeland security and law enforcement training curricula related to the use of Counter-UAS activities (as defined in section 2 of the SHIELD U Act ) to protect against a threat from an unmanned aircraft or unmanned aircraft system (as such terms are defined in section 210G), which shall— (A) include— (i) training on the use of both kinetic and non-kinetic equipment; (ii) training on the tactics used to detect, identify, and mitigate a threat from an unmanned aircraft or unmanned aircraft system; and (iii) such other curricula or training the Director believes necessary; and (B) be made available to Federal, State, local, Tribal, and territorial law enforcement and security agencies and private sector security agencies; and . 7. Authorized use of jamming technology Title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended— (1) in section 301 ( 47 U.S.C. 301 )— (A) by striking It is and inserting the following: (a) In general It is ; and (B) by adding at the end the following: (b) Exception for an unmanned aircraft and unmanned aircraft system (1) Definitions In this subsection— (A) the term covered equipment means equipment that is used to— (i) intercept or otherwise access a wire communication, an oral communication, an electronic communication, or a radio communication used to control an unmanned aircraft or unmanned aircraft system; and (ii) disrupt control of an unmanned aircraft or unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft or unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications that are used to control the unmanned aircraft or unmanned aircraft system; and (B) the terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49, United States Code. (2) Exception Subsection (a) shall not apply with respect to actions taken by State or local law enforcement or the law enforcement agency of a commercial service airport using covered equipment in consultation with the Commission to detect, identify, or mitigate a threat posed by an unmanned aircraft or unmanned aircraft system. ; (2) in section 302 ( 47 U.S.C. 302a ), by adding at the end the following: (g) Exception for an unmanned aircraft and unmanned aircraft system (1) Definitions In this subsection, the terms covered equipment , unmanned aircraft , and unmanned aircraft system have the meanings given those terms in section 301. (2) Exception The provisions of this section shall not apply with respect to actions taken by State or local law enforcement or the law enforcement agency of a commercial service airport using covered equipment in consultation with the Commission to detect, identify, or mitigate a threat posed by an unmanned aircraft or unmanned aircraft system. ; and (3) in section 333 ( 47 U.S.C. 333 )— (A) by striking No person and inserting the following: (a) In general No person ; and (B) by adding at the end the following: (b) Exception for an unmanned aircraft and unmanned aircraft system (1) Definitions In this subsection, the terms covered equipment , unmanned aircraft , and unmanned aircraft system have the meanings given those terms in section 301(b). (2) Exception Subsection (a) shall not apply with respect to actions taken by State or local law enforcement or the law enforcement agency of a commercial service airport using covered equipment in consultation with the Commission to detect, identify, or mitigate a threat posed by an unmanned aircraft or unmanned aircraft system. . 8. No abrogation of traditional police powers Nothing in this Act or the amendments made by this Act shall be construed to abrogate the inherent authority of a State government or subdivision thereof from using their traditional police powers, including (but not limited to) the authority to counter an imminent threat to public health or safety. | https://www.govinfo.gov/content/pkg/BILLS-117s4801is/xml/BILLS-117s4801is.xml |
117-s-4802 | II 117th CONGRESS 2d Session S. 4802 IN THE SENATE OF THE UNITED STATES September 8, 2022 Ms. Cantwell (for herself, Mr. Wicker , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize appropriations for the Coast Guard, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Coast Guard Authorization Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Commandant. TITLE I—Authorizations Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military strength and training. Sec. 103. Authorization for shoreside infrastructure and facilities. Sec. 104. Authorization for acquisition of vessels. Sec. 105. Authorization for the childcare subsidy program. TITLE II—Coast Guard Subtitle A—Infrastructure and assets Sec. 201. Report on shoreside infrastructure and facilities needs. Sec. 202. Fleet mix analysis and shore infrastructure investment plan. Sec. 203. Acquisition life-cycle cost estimates. Sec. 204. Report and briefing on resourcing strategy for Western Pacific Region. Sec. 205. Study and report on national security and drug trafficking threats in the Florida Straits and Caribbean region, including Cuba. Sec. 206. Coast Guard Yard. Sec. 207. Authority to enter into transactions other than contracts and grants to procure cost-effective technology for mission needs. Sec. 208. Improvements to infrastructure and operations planning. Subtitle B—Great Lakes Sec. 211. Great Lakes winter commerce. Sec. 212. Database on icebreaking operations in the Great Lakes. Sec. 213. Great Lakes snowmobile acquisition plan. Sec. 214. Great Lakes barge inspection exemption. Sec. 215. Study on sufficiency of Coast Guard aviation assets to meet mission demands. Subtitle C—Arctic Sec. 221. Establishment of the Arctic Security Cutter Program Office. Sec. 222. Arctic activities. Sec. 223. Study on Arctic operations and infrastructure. Subtitle D—Maritime cyber and artificial intelligence Sec. 231. Enhancing maritime cybersecurity. Sec. 232. Establishment of unmanned system program and autonomous control and computer vision technology project. Sec. 233. Artificial intelligence strategy. Sec. 234. Review of artificial intelligence applications and establishment of performance metrics. Sec. 235. Cyber data management. Sec. 236. Data management. Sec. 237. Study on cyber threats to the United States marine transportation system. Subtitle E—Aviation Sec. 241. Space-available travel on Coast Guard aircraft: program authorization and eligible recipients. Sec. 242. Report on Coast Guard Air Station Barbers Point hangar. Sec. 243. Study on the operational availability of Coast Guard aircraft and strategy for Coast Guard aviation. Subtitle F—Workforce readiness Sec. 251. Authorized strength. Sec. 252. Number and distribution of officers on active duty promotion list. Sec. 253. Continuation on active duty of officers with critical skills. Sec. 254. Career incentive pay for marine inspectors. Sec. 255. Expansion of the ability for selection board to recommend officers of particular merit for promotion. Sec. 256. Pay and allowances for certain members of the Coast Guard during funding gap. Sec. 257. Modification to education loan repayment program. Sec. 258. Retirement of Vice Commandant. Sec. 259. Report on resignation and retirement processing times and denial. Sec. 260. Calculation of active service. Sec. 261. Physical disability evaluation system procedure review. Sec. 262. Expansion of authority for multirater assessments of certain personnel. Sec. 263. Promotion parity. Sec. 264. Partnership program to diversify the Coast Guard. Sec. 265. Expansion of Coast Guard Junior Reserve Officers’ Training Corps. Sec. 266. Improving representation of women and racial and ethnic minorities among Coast Guard active-duty members. Sec. 267. Strategy to enhance diversity through recruitment and accession. Sec. 268. Support for Coast Guard Academy. Sec. 269. Training for congressional affairs personnel. Sec. 270. Strategy for retention of cuttermen. Sec. 271. Study on extremism in the Coast Guard. Sec. 272. Study on performance of Coast Guard Force Readiness Command. Sec. 273. Study on frequency of weapons training for Coast Guard personnel. Subtitle G—Miscellaneous provisions Sec. 281. Budgeting of Coast Guard relating to certain operations. Sec. 282. Coast Guard assistance to United States Secret Service. Sec. 283. Conveyance of Coast Guard vessels for public purposes. Sec. 284. Coast Guard intelligence activities and emergency and extraordinary expenses. Sec. 285. Transfer and conveyance. Sec. 286. Transparency and oversight. Sec. 287. Study on safety inspection program for containers and facilities. TITLE III—Environment Sec. 301. Definition of Secretary. Subtitle A—Marine mammals Sec. 311. Definitions. Sec. 312. Assistance to ports to reduce the impacts of vessel traffic and port operations on marine mammals. Sec. 313. Near real-time monitoring and mitigation program for large cetaceans. Sec. 314. Pilot program to establish a Cetacean Desk for Puget Sound region. Sec. 315. Monitoring ocean soundscapes. Subtitle B—Oil spills Sec. 321. Improving oil spill preparedness. Sec. 322. Western Alaska oil spill planning criteria. Sec. 323. Accident and incident notification relating to pipelines. Sec. 324. Coast Guard claims processing costs. Sec. 325. Calculation of interest on debt owed to the national pollution fund. Sec. 326. Per-incident limitation. Sec. 327. Access to the Oil Spill Liability Trust Fund. Sec. 328. Cost-reimbursable agreements. Sec. 329. Oil spill response review. Sec. 330. Review and report on limited indemnity provisions in standby oil spill response contracts. Sec. 331. Additional exceptions to regulations for towing vessels. Subtitle C—Environmental compliance Sec. 341. Review of anchorage regulations. Sec. 342. Study on impacts on shipping and commercial, Tribal, and recreational fisheries from the development of renewable energy on the West Coast. Subtitle D—Environmental issues Sec. 351. Modifications to the Sport Fish Restoration and Boating Trust Fund administration. Sec. 352. Improvements to Coast Guard communication with North Pacific maritime and fishing industry. Sec. 353. Fishing safety training grants program. Sec. 354. Load lines. Subtitle E—Illegal fishing and forced labor prevention Sec. 361. Definitions. Chapter 1—Combating Human Trafficking Through Seafood Import Monitoring Sec. 362. Enhancement of Seafood Import Monitoring Program Automated Commercial Environment Message Set. Sec. 363. Data sharing and aggregation. Sec. 364. Import audits. Sec. 365. Availability of fisheries information. Sec. 366. Authority to hold fish products. Sec. 367. Report on Seafood Import Monitoring Program. Sec. 368. Authorization of appropriations. Chapter 2—Strengthening international fisheries management To combat human trafficking Sec. 370. Denial of port privileges. Sec. 371. Identification and certification criteria. Sec. 372. Equivalent conservation measures. Sec. 373. Capacity building in foreign fisheries. Sec. 374. Training of United States observers. Sec. 375. Regulations. TITLE IV—Support for Coast Guard workforce Subtitle A—Support for Coast Guard members and families Sec. 401. Coast Guard child care improvements. Sec. 402. Armed Forces access to Coast Guard child care facilities. Sec. 403. Cadet pregnancy policy improvements. Sec. 404. Pilot program for fertility treatments. Sec. 405. Combat-related special compensation. Sec. 406. Restoration of amounts improperly withheld for tax purposes from severance payments to veterans of the Coast Guard with combat-related injuries. Sec. 407. Modification of basic needs allowance for members of the Coast Guard. Sec. 408. Study on food security. Subtitle B—Healthcare Sec. 421. Development of medical staffing standards for the Coast Guard. Sec. 422. Healthcare system review and strategic plan. Sec. 423. Data collection and access to care. Sec. 424. Behavioral health policy. Sec. 425. Members asserting post-traumatic stress disorder or traumatic brain injury. Sec. 426. Improvements to the Physical Disability Evaluation System and transition program. Sec. 427. Expansion of access to counseling. Sec. 428. Expansion of postgraduate opportunities for members of the Coast Guard in medical and related fields. Sec. 429. Study on Coast Guard telemedicine program. Sec. 430. Study on Coast Guard medical facilities needs. Subtitle C—Housing Sec. 441. Strategy to improve quality of life at remote units. Sec. 442. Study on Coast Guard housing access, cost, and challenges. Subtitle D—Other matters Sec. 451. Report on availability of emergency supplies for Coast Guard personnel. TITLE V—Maritime Subtitle A—Vessel safety Sec. 501. Abandoned Seafarer Fund amendments. Sec. 502. Receipts; international agreements for ice patrol services. Sec. 503. Passenger vessel security and safety requirements. Sec. 504. At-sea recovery operations pilot program. Sec. 505. Exoneration and limitation of liability for small passenger vessels. Sec. 506. Moratorium on towing vessel inspection user fees. Sec. 507. Certain historic passenger vessels. Sec. 508. Coast Guard digital registration. Sec. 509. Responses to safety recommendations. Sec. 510. Comptroller General of the United States study and report on the Coast Guard’s oversight of third-party organizations. Subtitle B—Other matters Sec. 521. Definition of a stateless vessel. Sec. 522. Report on enforcement of coastwise laws. Sec. 523. Study on multi-level supply chain security strategy of the Department of Homeland Security. Sec. 524. Study to modernize the merchant mariner licensing and documentation system. Sec. 525. Study and report on development and maintenance of mariner records database. TITLE VI—Sexual assault and sexual harassment prevention and response Sec. 601. Definitions. Sec. 602. Convicted sex offender as grounds for denial. Sec. 603. Accommodation; notices. Sec. 604. Protection against discrimination. Sec. 605. Alcohol at sea. Sec. 606. Sexual harassment or sexual assault as grounds for suspension and revocation. Sec. 607. Surveillance requirements. Sec. 608. Master key control. Sec. 609. Safety management systems. Sec. 610. Requirement to report sexual assault and harassment. Sec. 611. Civil actions for personal injury or death of seamen. Sec. 612. Administration of sexual assault forensic examination kits. Sec. 613. Reports to Congress. Sec. 614. Policy on requests for permanent changes of station or unit transfers by persons who report being the victim of sexual assault. Sec. 615. Sex offenses and personnel records. Sec. 616. Study on Coast Guard oversight and investigations. Sec. 617. Study on Special Victims' Counsel program. TITLE VII—National Oceanic and Atmospheric Administration Subtitle A—National Oceanic and Atmospheric Administration Commissioned Officer Corps Sec. 701. Definitions. Sec. 702. Requirement for appointments. Sec. 703. Repeal of requirement to promote ensigns after 3 years of service. Sec. 704. Authority to provide awards and decorations. Sec. 705. Retirement and separation. Sec. 706. Licensure of health-care professionals. Sec. 707. Improving professional mariner staffing. Sec. 708. Legal assistance. Sec. 709. Acquisition of aircraft for extreme weather reconnaissance. Sec. 710. Report on professional mariner staffing models. Subtitle B—Other Matters Sec. 711. Conveyance of certain property of the National Oceanic and Atmospheric Administration in Juneau, Alaska. TITLE VIII—Technical, conforming, and clarifying amendments Sec. 801. Technical corrections. Sec. 802. Reinstatement. Sec. 803. Terms and vacancies. 2. Definition of Commandant In this Act, the term Commandant means the Commandant of the Coast Guard. I Authorizations 101. Authorization of appropriations Section 4902 of title 14, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking fiscal years 2020 and 2021 and inserting fiscal years 2022 and 2023 ; (2) in paragraph (1)— (A) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: (i) $10,000,000,000 for fiscal year 2022; and (ii) $10,750,000,000 for fiscal year 2023. ; (B) in subparagraph (B), by striking $17,035,000 and inserting $23,456,000 ; and (C) in subparagraph (C), by striking , (A)(ii) $17,376,000 and inserting (A)(ii), $24,353,000 ; (3) in paragraph (2)— (A) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: (i) $2,459,100,000 for fiscal year 2022; and (ii) $3,477,600,000 for fiscal year 2023. ; and (B) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following: (i) $20,400,000 for fiscal year 2022; and (ii) $20,808,000 for fiscal year 2023. ; (4) in paragraph (3), by striking subparagraphs (A) and (B) and inserting the following: (A) $7,476,000 for fiscal year 2022; and (B) $14,681,084 for fiscal year 2023. ; and (5) in paragraph (4), by striking subparagraphs (A) and (B) and inserting the following: (A) $240,577,000 for fiscal year 2022; and (B) $252,887,000 for fiscal year 2023. . 102. Authorized levels of military strength and training Section 4904 of title 14, United States Code, is amended— (1) in subsection (a), by striking fiscal years 2020 and 2021 and inserting fiscal years 2022 and 2023 ; and (2) in subsection (b), in the matter preceding paragraph (1), by striking fiscal years 2020 and 2021 and inserting fiscal years 2022 and 2023 . 103. Authorization for shoreside infrastructure and facilities (a) In general In addition to the amounts authorized to be appropriated under section 4902(2)(A) of title 14, United States Code, as amended by section 101 of this Act, for fiscal years 2023 through 2028— (1) $3,000,000,000 is authorized to fund maintenance, new construction, and repairs needed for Coast Guard shoreside infrastructure; (2) $160,000,000 is authorized to fund phase two of the recapitalization project at Coast Guard Training Center Cape May in Cape May, New Jersey, to improve recruitment and training of a diverse Coast Guard workforce; and (3) $80,000,000 is authorized for the construction of additional new childcare development centers not constructed using funds authorized by the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 429). (b) Coast Guard Yard resilient infrastructure and construction improvement In addition to the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 101 of this Act— (1) $400,000,000 is authorized for fiscal years 2023 through 2028 for the Secretary of the department in which the Coast Guard is operating for the purposes of improvements to facilities of the Yard; and (2) $236,000,000 is authorized for the acquisition of a new floating drydock, to remain available until expended. 104. Authorization for acquisition of vessels In addition to the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 101 of this Act, for fiscal years 2023 through 2028— (1) $350,000,000 is authorized for the acquisition of a Great Lakes icebreaker that is at least as capable as Coast Guard cutter Mackinaw (WLBB–30); (2) $172,500,000 is authorized for the program management, design, and acquisition of 12 Pacific Northwest heavy weather boats that are at least as capable as the Coast Guard 52-foot motor surfboat; (3) $841,000,000 is authorized for the third Polar Security Cutter; (4) $20,000,000 is authorized for initiation of activities to support acquisition of the Arctic Security Cutter class, including program planning and requirements development to include the establishment of an Arctic Security Cutter Program Office; (5) $650,000,000 is authorized for the continued acquisition of Offshore Patrol Cutters; and (6) $650,000,000 is authorized for a twelfth National Security Cutter. 105. Authorization for the childcare subsidy program In addition to the amounts authorized to be appropriated under section 4902(1)(A) of title 14, United States Code, $25,000,000 is authorized to the Commandant for each of fiscal years 2023 and 2024 for the childcare subsidy program. II Coast Guard A Infrastructure and assets 201. Report on shoreside infrastructure and facilities needs Not less frequently than annually, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) a detailed list of shoreside infrastructure needs for all Coast Guard facilities located within each Coast Guard District in the order of priority, including recapitalization, maintenance needs in excess of $25,000, and other shoreside infrastructure needs of the Coast Guard; (2) the estimated cost of projects to fulfill such needs, to the extent available; and (3) a general description of the state of planning for each such project. 202. Fleet mix analysis and shore infrastructure investment plan (a) Fleet mix analysis (1) In general The Commandant shall conduct an updated fleet mix analysis that provides for a fleet mix sufficient, as determined by the Commandant— (A) to carry out— (i) the missions of the Coast Guard; and (ii) emerging mission requirements; and (B) to address— (i) national security threats; and (ii) the global deployment of the Coast Guard to counter great power competitors. (2) Report Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to Congress a report on the results of the updated fleet mix analysis required by paragraph (1). (b) Shore infrastructure investment plan (1) In general The Commandant shall develop an updated shore infrastructure investment plan that includes— (A) the construction of additional facilities to accommodate the updated fleet mix described in subsection (a)(1); (B) improvements necessary to ensure that existing facilities meet requirements and remain operational for the lifespan of such fleet mix, including necessary improvements to information technology infrastructure; (C) a timeline for the construction and improvement of the facilities described in subparagraphs (A) and (B); and (D) a cost estimate for construction and life-cycle support of such facilities, including for necessary personnel. (2) Report Not later than 1 year after the date on which the report under subsection (a)(2) is submitted, the Commandant shall submit to Congress a report on the plan required by paragraph (1). 203. Acquisition life-cycle cost estimates Section 1132(e) of title 14, United States Code, is amended by striking paragraphs (2) and (3) and inserting the following: (2) Types of estimates For each Level 1 or Level 2 acquisition project or program, in addition to life-cycle cost estimates developed under paragraph (1), the Commandant shall require— (A) such life-cycle cost estimates to be updated before— (i) each milestone decision is concluded; and (ii) the project or program enters a new acquisition phase; and (B) an independent cost estimate or independent cost assessment, as appropriate, to be developed to validate such life-cycle cost estimates. . 204. Report and briefing on resourcing strategy for Western Pacific Region (a) Report (1) In general Not later than 1 year after the date of the enactment of this Act, the Commandant, in consultation with the Coast Guard Commander of the Pacific Area, the Commander of United States Indo-Pacific Command, and the Under Secretary of Commerce for Oceans and Atmosphere, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report outlining the Coast Guard’s resourcing needs to achieve optimum operations in the Western Pacific region. (2) Elements The report required under paragraph (1) shall include the following: (A) An assessment of the risks and associated needs— (i) to United States strategic maritime interests, in particular such interests in areas west of the International Date Line, including risks to bilateral maritime partners of the United States, posed by not fully staffing and equipping Coast Guard operations in the Western Pacific region; (ii) to the Coast Guard mission and force posed by not fully staffing and equipping Coast Guard operations in the Western Pacific region; and (iii) to support the call of the President, as set forth in the Indo-Pacific Strategy, to expand Coast Guard presence and cooperation in Southeast Asia, South Asia, and the Pacific Islands, with a focus on advising, training, deployment, and capacity-building. (B) A description of the additional resources, including shoreside resources, required to fully implement the needs described in subparagraph (A), including the United States commitment to bilateral fisheries law enforcement in the Pacific Ocean. (C) A description of the operational and personnel assets required and a dispersal plan for available and projected future Coast Guard cutters and aviation forces to conduct optimum operations in the Western Pacific region. (D) An analysis with respect to whether a national security cutter or fast response cutter located at a United States military installation in a foreign country in the Western Pacific Region would enhance United States national security, partner country capacity building, and prevention and effective response to illegal, unreported, and unregulated fishing. (E) An assessment of the benefits and associated costs involved in— (i) increasing staffing of Coast Guard personnel within the command elements of United States Indo-Pacific Command or subordinate commands; and (ii) designating a Coast Guard patrol force under the direct authority of the Commander of the United States Indo-Pacific Command with associated forward-based assets and personnel. (F) An identification of any additional authority necessary, including proposals for legislative change, to meet the needs identified in accordance with subparagraphs (A) through (E) and any other mission requirement in the Western Pacific region. (3) Form The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex. (b) Briefing Not later than 60 days after the date on which the Commandant submits the report under subsection (a), the Commandant, or a designated individual, shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the findings and conclusions of such report. 205. Study and report on national security and drug trafficking threats in the Florida Straits and Caribbean region, including Cuba (a) In general The Commandant shall conduct a study on national security, drug trafficking, and other relevant threats as the Commandant considers appropriate, in the Florida Straits and Caribbean region, including Cuba. (b) Elements The study required by subsection (a) shall include the following: (1) An assessment of— (A) new technology and evasive maneuvers used by transnational criminal organizations to evade detection and interdiction by Coast Guard law enforcement units and interagency partners; and (B) capability gaps of the Coast Guard with respect to— (i) the detection and interdiction of illicit drugs in the Florida Straits and Caribbean region, including Cuba; and (ii) the detection of national security threats in such region. (2) An identification of— (A) the critical technological advancements required for the Coast Guard to meet current and anticipated threats in such region; (B) the capabilities required to enhance information sharing and coordination between the Coast Guard and interagency partners, foreign governments, and related civilian entities; and (C) any significant new or developing threat to the United States posed by illicit actors in such region. (c) Report Not later than 2 years after the date of the enactment of this Act, the Commandant shall submit to 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 subsection (a). 206. Coast Guard Yard (a) In general With respect to the Coast Guard Yard, the purposes of the authorization under section 103(b) are— (1) to improve resilience and capacity; (2) to maintain and expand Coast Guard organic manufacturing capacity; (3) to expand training and recruitment; (4) to enhance safety; (5) to improve environmental compliance; and (6) to ensure that the Coast Guard Yard is prepared to meet the growing needs of the modern Coast Guard fleet. (b) Inclusions The Secretary of the department in which the Coast Guard is operating shall ensure that the Coast Guard Yard receives improvements that include the following: (1) Facilities upgrades needed to improve resilience of the shipyard, its facilities, and associated infrastructure. (2) Acquisition of a large-capacity drydock. (3) Improvements to piers and wharves, drydocks, and capital equipment utilities. (4) Environmental remediation. (5) Construction of a new warehouse and paint facility. (6) Acquisition of a new travel lift. (7) Dredging necessary to facilitate access to the Coast Guard Yard. (c) Workforce development plan Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a workforce development plan that— (1) outlines the workforce needs of the Coast Guard Yard with respect to civilian employees and active duty members of the Coast Guard, including engineers, individuals engaged in trades, cyber specialists, and other personnel necessary to meet the evolving mission set of the Coast Guard Yard; and (2) includes recommendations for Congress with respect to the authorities, training, funding, and civilian and active-duty recruitment, including the recruitment of women and underrepresented minorities, necessary to meet workforce needs of the Coast Guard Yard for the 10-year period beginning on the date of submission of the plan. 207. Authority to enter into transactions other than contracts and grants to procure cost-effective technology for mission needs (a) In general Subchapter III of chapter 11 of title 14, United States Code, is amended by adding at the end the following: 1158. Authority to enter into transactions other than contracts and grants to procure cost-effective, advanced technology for mission-critical needs (a) In general Subject to subsections (b) and (c), the Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) to develop prototypes for, and to operate and procure, cost-effective technology for the purpose of meeting the mission needs of the Coast Guard. (b) Procurement and acquisition Procurement or acquisition of technologies under subsection (a) shall be— (1) carried out in accordance with this title and Coast Guard policies and guidance; and (2) consistent with the operational requirements of the Coast Guard. (c) Limitations (1) In general The Commandant may not enter into a transaction under subsection (a) with respect to a technology that— (A) does not comply with the cybersecurity standards of the Coast Guard; or (B) is sourced from an entity domiciled in the People’s Republic of China, unless the Commandant determines that the prototype, operation, or procurement of such a technology is for the purpose of— (i) counter-UAS operations, surrogate testing, or training; or (ii) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training. (2) Waiver The Commandant may waive the application under paragraph (1) on a case-by-case basis by certifying in writing to the Secretary of Homeland Security and the appropriate committees of Congress that the prototype, operation, or procurement of the applicable technology is in the national interests of the United States. (d) Education and training The Commandant shall ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section, or other innovative forms of contracting, are provided opportunities for adequate education and training with respect to the authority under this section. (e) Report (1) In general Not later than 5 years after the date of the enactment of this section, the Commandant shall submit to the appropriate committees of Congress a report that— (A) describes the use of the authority pursuant to this section; and (B) assesses the mission and operational benefits of such authority. (2) Appropriate committees of congress defined In this subsection, the term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (f) Regulations The Commandant shall prescribe regulations as necessary to carry out this section. (g) Definitions of unmanned aircraft, unmanned aircraft system, and counter-UAS In this section, the terms unmanned aircraft , unmanned aircraft system , and counter-UAS have the meanings given such terms in section 44801 of title 49, United States Code. . (b) Clerical amendment The analysis for subchapter II of chapter 11 of title 14, United States Code, is amended by adding at the end the following: 1158. Authority to enter into transactions other than contracts and grants to procure cost-effective technology for mission needs. . 208. Improvements to infrastructure and operations planning (a) In general Not later than 1 year after the date of the enactment of this Act, the Commandant shall incorporate the most recent oceanic and atmospheric data relating to the increasing rates of extreme weather, including flooding, into planning scenarios for Coast Guard infrastructure and mission deployments with respect to all Coast Guard Missions. (b) Coordination with National Oceanic and Atmospheric Administration In carrying out subsection (a), the Commandant shall— (1) coordinate with the Under Secretary of Commerce for Oceans and Atmosphere to ensure the incorporation of the most recent environmental and climatic data; and (2) request technical assistance and advice from the Under Secretary in planning scenarios, as appropriate. (c) Briefing Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the manner in which the best-available science from the National Oceanic and Atmospheric Administration has been incorporated into at least 1 key mission area of the Coast Guard, and the lessons learned from so doing. B Great Lakes 211. Great Lakes winter commerce (a) In general Subchapter IV of chapter 5 of title 14, United States Code, is amended by adding at the end the following: 564. Great Lakes icebreaking operations (a) GAO report (1) In general Not later than 1 year after the date of the enactment of this section, the Comptroller General of the United States shall submit to 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 Coast Guard Great Lakes icebreaking program. (2) Elements The report required under paragraph (1) shall include the following: (A) An evaluation of the economic impact of vessel delays or cancellations associated with ice coverage on the Great Lakes. (B) An evaluation of mission needs of the Coast Guard Great Lakes icebreaking program. (C) An evaluation of the impact that the proposed standards described in subsection (b) would have on— (i) Coast Guard operations in the Great Lakes; (ii) Northeast icebreaking missions; and (iii) inland waterway operations. (D) A fleet mix analysis for meeting such proposed standards. (E) A description of the resources necessary to support the fleet mix resulting from such fleet mix analysis, including for crew and operating costs. (F) Recommendations to the Commandant for improvements to the Great Lakes icebreaking program, including with respect to facilitating commerce and meeting all Coast Guard mission needs. (b) Proposed standards for icebreaking operations The proposed standards described in this subsection are the following: (1) Except as provided in paragraph (2), the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation during not less than 90 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways. (2) In a year in which the Great Lakes are not open to navigation because of ice of a thickness that occurs on average only once every 10 years, the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation during not less than 70 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways. (c) Report by commandant Not later than 90 days after the date on which the Comptroller General submits the report under subsection (a), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes the following: (1) A plan for Coast Guard implementation of any recommendation made by the Comptroller General under subparagraph (F) of subsection (a)(2) the Commandant considers appropriate. (2) With respect to any recommendation made under such subparagraph that the Commandant declines to implement, a justification for such decision. (3) A review of, and a proposed implementation plan for, the results of the fleet mix analysis under subparagraph (D) of that subsection. (4) Any proposed modifications to the standards for icebreaking operations in the Great Lakes. (d) Definitions In this section: (1) Commercial vessel The term commercial vessel means any privately owned cargo vessel operating in the Great Lakes during the winter season of at least 500 tons, as measured under section 14502 of title 46, or an alternate tonnage measured under section 14302 of such title, as prescribed by the Secretary under section 14104 of such title. (2) Great Lakes The term Great Lakes means the United States waters of Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake Ontario, their connecting waterways, and their adjacent harbors. (3) Ice-covered waterway The term ice-covered waterway means any portion of the Great Lakes in which commercial vessels or ferries operate that is 70 percent or greater covered by ice, but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions. (4) Open to navigation The term open to navigation means navigable to the extent necessary, in no particular order of priority— (A) to extricate vessels and individuals from danger; (B) to prevent damage due to flooding; (C) to meet the reasonable demands of commerce; (D) to minimize delays to passenger ferries; and (E) to conduct other Coast Guard missions as required. (5) Reasonable demands of commerce The term reasonable demands of commerce means the safe movement of commercial vessels and ferries transiting ice-covered waterways in the Great Lakes, regardless of type of cargo, at a speed consistent with the design capability of Coast Guard icebreakers operating in the Great Lakes and appropriate to the ice capability of the commercial vessel. . (b) Clerical amendment The analysis for chapter 5 of title 14, United States Code, is amended by adding at the end the following: 564. Great Lakes icebreaking operations. . 212. Database on icebreaking operations in the Great Lakes (a) In general The Commandant shall establish and maintain a database for collecting, archiving, and disseminating data on icebreaking operations and commercial vessel and ferry transit in the Great Lakes during ice season. (b) Elements The database required under subsection (a) shall include the following: (1) Attempts by commercial vessels and ferries to transit ice-covered waterways in the Great Lakes that are unsuccessful because of inadequate icebreaking. (2) The period of time that each commercial vessel or ferry was unsuccessful at so transiting due to inadequate icebreaking. (3) The amount of time elapsed before each such commercial vessel or ferry was successfully broken out of the ice and whether it was accomplished by the Coast Guard or by commercial icebreaking assets. (4) Relevant communications of each such commercial vessel or ferry with the Coast Guard and with commercial icebreaking services during such period. (5) A description of any mitigating circumstance, such as Coast Guard icebreaker diversions to higher priority missions, that may have contributed to the amount of time described in paragraph (3). (c) Voluntary reporting Any reporting by operators of commercial vessels or ferries under this section shall be voluntary. (d) Public availability The Commandant shall make the database available to the public on a publicly accessible internet website of the Coast Guard. (e) Consultation with industry With respect to the Great Lakes icebreaking operations of the Coast Guard and the development of the database required under subsection (a), the Commandant shall consult operators of commercial vessels and ferries. (f) Definitions In this section: (1) Commercial vessel The term commercial vessel means any privately owned cargo vessel operating in the Great Lakes during the winter season of at least 500 tons, as measured under section 14502 of title 46, United States Code, or an alternate tonnage measured under section 14302 of such title, as prescribed by the Secretary of the department in which the Coast Guard is operating under section 14104 of such title. (2) Great lakes The term Great Lakes means the United States waters of Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake Ontario, their connecting waterways, and their adjacent harbors. (3) Ice-covered waterway The term ice-covered waterway means any portion of the Great Lakes in which commercial vessels or ferries operate that is 70 percent or greater covered by ice, but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions. (4) Open to navigation The term open to navigation means navigable to the extent necessary, in no particular order of priority— (A) to extricate vessels and individuals from danger; (B) to prevent damage due to flooding; (C) to meet the reasonable demands of commerce; (D) to minimize delays to passenger ferries; and (E) to conduct other Coast Guard missions as required. (5) Reasonable demands of commerce The term reasonable demands of commerce means the safe movement of commercial vessels and ferries transiting ice-covered waterways in the Great Lakes, regardless of type of cargo, at a speed consistent with the design capability of Coast Guard icebreakers operating in the Great Lakes and appropriate to the ice capability of the commercial vessel. (g) Public report Not later than July 1 after the first winter in which the Commandant is subject to the requirements of section 564 of title 14, United States Code, the Commandant shall publish on a publicly accessible internet website of the Coast Guard a report on the cost to the Coast Guard of meeting the requirements of that section. 213. Great Lakes snowmobile acquisition plan (a) In general The Commandant shall develop a plan to expand snowmobile procurement for Coast Guard units at which snowmobiles may improve ice rescue response times while maintaining the safety of Coast Guard personnel engaged in search and rescue. The plan must include consideration of input from Officers in Charge, Commanding Officers, and Commanders of impacted units. (b) Elements The plan required by subsection (a) shall include— (1) a consideration of input from officers in charge, commanding officers, and commanders of affected Coast Guard units; (2) a detailed description of the estimated costs of procuring, maintaining, and training members of the Coast Guard at affected units to use snowmobiles; and (3) an assessment of— (A) the degree to which snowmobiles may improve ice rescue response times while maintaining the safety of Coast Guard personnel engaged in search and rescue; (B) the operational capabilities of a snowmobile, as compared to an airboat, and a force laydown assessment with respect to the assets needed for effective operations at Coast Guard units conducting ice rescue activities; and (C) the potential risks to members of the Coast Guard and members of the public posed by the use of snowmobiles by members of the Coast Guard for ice rescue activities. (c) Public availability Not later than 1 year after the date of the enactment of this Act, the Commandant shall finalize the plan required by subsection (a) and make the plan available on a publicly accessible internet website of the Coast Guard. 214. Great Lakes barge inspection exemption Section 3302(m) of title 46, United States Code, is amended— (1) in the matter preceding paragraph (1), by inserting or a Great Lakes barge after seagoing barge ; and (2) by striking section 3301(6) of this title and inserting paragraph (6) or (13) of section 3301 of this title . 215. Study on sufficiency of Coast Guard aviation assets to meet mission demands (a) In general Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to 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— (1) the force laydown of Coast Guard aviation assets; and (2) any geographic gaps in coverage by Coast Guard assets in areas in which the Coast Guard has search and rescue responsibilities. (b) Elements The report required by subsection (a) shall include the following: (1) The distance, time, and weather challenges that MH–65 and MH–60 units may face in reaching the outermost limits of the area of operation of Coast Guard District 9 for which such units are responsible. (2) An assessment of the advantages that Coast Guard fixed-wing assets, or an alternate rotary wing asset, would offer to the outermost limits of any area of operation for purposes of search and rescue, law enforcement, ice operations, and logistical missions. (3) A comparison of advantages and disadvantages of the manner in which each of the Coast Guard fixed-wing aircraft would operate in the outermost limits of any area of operation. (4) A specific assessment of the coverage gaps, including gaps in fixed-wing coverage, and potential solutions to address such gaps in the area of operation of Coast Guard District 9, including the eastern region of such area of operation. C Arctic 221. Establishment of the Arctic Security Cutter Program Office (a) In general Not later than 90 days after the date of the enactment of this Act, the Commandant shall establish a program office for the acquisition of the Arctic Security Cutter to expedite the evaluation of requirements and initiate design of a vessel class critical to the national security of the United States. (b) Design phase Not later than 270 days after the date of the enactment of this Act, the Commandant shall initiate the design phase of the Arctic Security Cutter vessel class. (c) Quarterly briefings Not less frequently than quarterly until the date on which the contract for acquisition of the Arctic Security Cutter is awarded, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the status of requirements evaluations, design of the vessel, and schedule of the program. 222. Arctic activities (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (2) Arctic The term Arctic has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 ). (b) Arctic operational implementation report Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit a report to the appropriate committees of Congress that describes the ability and timeline to conduct a transit of the Northern Sea Route and periodic transits of the Northwest Passage. 223. Study on Arctic operations and infrastructure (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the Arctic operations and infrastructure of the Coast Guard. (b) Elements The study required under subsection (a) shall assess the following: (1) The extent of the collaboration between the Coast Guard and the Department of Defense to assess, manage, and mitigate security risks in the Arctic region. (2) Actions taken by the Coast Guard to manage risks to Coast Guard operations, infrastructure, and workforce planning in the Arctic. (3) The plans the Coast Guard has in place for managing and mitigating the risks to commercial maritime operations and the environment in the Arctic region. (c) Report Not later than 1 year after commencing the study required under subsection (a), the Comptroller General shall submit to 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 findings of the study. D Maritime cyber and artificial intelligence 231. Enhancing maritime cybersecurity (a) Definitions In this section: (1) Cyber incident The term cyber incident — (A) means an event occurring on or conducted through a computer network that actually or imminently jeopardizes the integrity, confidentiality, or availability of computers, information or communications systems or networks, physical or virtual infrastructure controlled by computers or information systems, or information resident thereon; and (B) includes a vulnerability in an information system, system security procedures, internal controls, or implementation that could be exploited by a threat source. (2) Maritime operators The term maritime operators means the owners or operators of vessels engaged in commercial service, the owners or operators of port facilities, and port authorities. (3) Significant cyber incident The term significant cyber incident means a cyber incident that the Secretary of Homeland Security determines is (or group of related cyber incidents that together are) likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to public confidence, civil liberties, or public health and safety of the people of the United States. (4) Port facilities The term port facilities has the meaning given the term facility in section 70101 of title 46. (b) Public availability of cybersecurity tools and resources (1) In general Not later than 2 years after the date of the enactment of this Act, the Commandant, in coordination with the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology, shall identify and make available to the public a list of tools and resources, including the resources of the Coast Guard and the Cybersecurity and Infrastructure Security Agency, designed to assist maritime operators in identifying, detecting, protecting against, responding to, and recovering from significant cyber incidents. (2) Identification In carrying out paragraph (1), the Commandant, the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology shall identify tools and resources that— (A) comply with the cybersecurity framework for improving critical infrastructure established by the National Institute of Standards and Technology; or (B) use the guidelines on maritime cyber risk management issued by the International Maritime Organization on July 5, 2017 (or successor guidelines). (3) Consultation (A) In general The Commandant, the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology may consult with maritime operators, other Federal agencies, industry stakeholders, and cybersecurity experts to identify tools and resources for purposes of this section. (B) Inapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the consultation described in subparagraph (A) or to any other action in support of the implementation of this section. 232. Establishment of unmanned system program and autonomous control and computer vision technology project (a) In general Section 319 of title 14, United States Code, is amended to read as follows: 319. Unmanned system program and autonomous control and computer vision technology project (a) Unmanned system program The Secretary shall establish, under the control of the Commandant, an unmanned system program for the use by the Coast Guard of land-based, cutter-based, and aircraft-based unmanned systems for the purpose of increasing effectiveness and efficiency of mission execution. (b) Autonomous control and computer vision technology project (1) In general The Commandant shall conduct a project to retrofit 2 or more existing Coast Guard small boats deployed at operational units with— (A) commercially available autonomous control and computer vision technology; and (B) such sensors and methods of communication as are necessary to control, and technology to assist in conducting, search and rescue, surveillance, and interdiction missions. (2) Data collection As part of the project required by paragraph (1), the Commandant shall collect and evaluate field-collected operational data from the retrofit described in that paragraph so as to inform future requirements. (3) Briefing Not later than 180 days after the date on which the project required under paragraph (1) is completed, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the project that includes an evaluation of the data collected from the project. (c) Unmanned system defined In this section, the term unmanned system means— (1) an unmanned aircraft system (as defined in section 331 of the Federal Aviation Administration Modernization and Reform Act of 2012 ( Public Law 112–95 ; 49 U.S.C. 44802 note)); (2) an unmanned marine surface system; and (3) an unmanned marine subsurface system. (d) Cost assessment Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to Congress an estimate of the costs associated with implementing the amendments made by this section. . (b) Clerical amendment The analysis for chapter 3 of title 14, United States Code, is amended by striking the item relating to section 319 and inserting the following: 319. Unmanned system program and autonomous control and computer vision technology project. . 233. Artificial intelligence strategy (a) Establishment of activities (1) In general The Commandant shall establish a set of activities to coordinate the efforts of the Coast Guard to develop and mature artificial intelligence technologies and transition such technologies into operational use where appropriate. (2) Emphasis The set of activities established under paragraph (1) shall— (A) apply artificial intelligence and machine-learning solutions to operational and mission-support problems; and (B) coordinate activities involving artificial intelligence and artificial intelligence-enabled capabilities within the Coast Guard. (b) Designated official (1) In general Not later than 1 year after the date of the enactment of this Act, the Commandant shall designate a senior official of the Coast Guard (referred to in this section as the designated official ) with the principal responsibility for the coordination of activities relating to the development and demonstration of artificial intelligence and machine learning for the Coast Guard. (2) Duties (A) Strategic plan (i) In general The designated official shall develop a detailed strategic plan to develop, mature, adopt, and transition artificial intelligence technologies into operational use where appropriate. (ii) Elements The plan required by clause (i) shall include the following: (I) A strategic roadmap for the identification and coordination of the development and fielding of artificial intelligence technologies and key enabling capabilities. (II) The continuous evaluation and adaptation of relevant artificial intelligence capabilities developed by the Coast Guard and by other organizations for military missions and business operations. (iii) Coordination In developing the plan required by clause (i), the designated official shall coordinate and engage with the Secretary of Defense and the Joint Artificial Intelligence Center. (iv) Submission to Commandant Not later than 2 years after the date of the enactment of this Act, the designated official shall submit to the Commandant the plan developed under clause (i). (B) Governance and oversight of artificial intelligence and machine learning policy The designated official shall regularly convene appropriate officials of the Coast Guard— (i) to integrate the functional activities of the Coast Guard with respect to artificial intelligence and machine learning; (ii) to ensure that there are efficient and effective artificial intelligence and machine-learning capabilities throughout the Coast Guard; and (iii) to develop and continuously improve research, innovation, policy, joint processes, and procedures to facilitate the development, acquisition, integration, advancement, oversight, and sustainment of artificial intelligence and machine learning throughout the Coast Guard. (c) Acceleration of development and fielding of artificial intelligence To the extent practicable, the Commandant, in conjunction with the Secretary of Defense and the Joint Artificial Intelligence Center, shall— (1) use the flexibility of regulations, personnel, acquisition, partnerships with industry and academia, or other relevant policies of the Coast Guard to accelerate the development and fielding of artificial intelligence capabilities; (2) ensure engagement with defense and private industries, research universities, and unaffiliated, nonprofit research institutions; (3) provide technical advice and support to entities in the Coast Guard to optimize the use of artificial intelligence and machine-learning technologies to meet Coast Guard missions; (4) support the development of requirements for artificial intelligence capabilities that address the highest priority capability gaps of the Coast Guard and technical feasibility; (5) develop and support capabilities for technical analysis and assessment of threat capabilities based on artificial intelligence; (6) identify the workforce and capabilities needed to support the artificial intelligence capabilities and requirements of the Coast Guard; (7) develop classification guidance for all artificial intelligence-related activities of the Coast Guard; (8) work with appropriate officials to develop appropriate ethical, legal, and other policies for the Coast Guard governing the development and use of artificial intelligence-enabled systems and technologies in operational situations; and (9) ensure— (A) that artificial intelligence programs of the Coast Guard are consistent with this section; and (B) appropriate coordination of artificial intelligence activities of the Coast Guard with interagency, industry, and international efforts relating to artificial intelligence, including relevant participation in standards-setting bodies. (d) Strategic plan (1) In general The Commandant shall develop a strategic plan to develop, mature, adopt, and transition artificial intelligence technologies into operational use where appropriate, that is informed by the plan developed by the designated official under subsection (b)(2)(A). (2) Elements The plan required by paragraph (1) shall include the following: (A) Each element described in clause (ii) of subsection (b)(2)(A). (B) A consideration of the identification, adoption, and procurement of artificial intelligence technologies for use in operational and mission support activities. (3) Coordination In developing the plan required by paragraph (1), the Commandant shall coordinate and engage with the Secretary of Defense, the Chief Digital and Artificial Intelligence Office, defense and private industries, research universities, and unaffiliated, nonprofit research institutions. (4) Submission to Congress Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the plan developed under paragraph (1). 234. Review of artificial intelligence applications and establishment of performance metrics (a) In general Not later than 2 years after the date of the enactment of this Act, the Commandant shall— (1) review the potential applications of artificial intelligence and digital technology to the platforms, processes, and operations of the Coast Guard; (2) identify the resources necessary to improve the use of artificial intelligence and digital technology in such platforms, processes, and operations; and (3) establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations. (b) Performance objectives and accompanying metrics (1) Skill gaps In carrying out subsection (a), the Commandant shall— (A) conduct a comprehensive review and assessment of— (i) skill gaps in the fields of software development, software engineering, data science, and artificial intelligence; (ii) the qualifications of civilian personnel needed for both management and specialist tracks in such fields; and (iii) the qualifications of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and (B) establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Coast Guard for skilled personnel. (2) AI modernization activities In carrying out subsection (a), the Commandant, with support from the Director of the Joint Artificial Intelligence Center, shall— (A) assess investment by the Coast Guard in artificial intelligence innovation, science and technology, and research and development; (B) assess investment by the Coast Guard in test and evaluation of artificial intelligence capabilities; (C) assess the integration of, and the resources necessary to better use artificial intelligence in wargames, exercises, and experimentation; (D) assess the application of, and the resources necessary to better use, artificial intelligence in logistics and sustainment systems; (E) assess the integration of, and the resources necessary to better use, artificial intelligence for administrative functions; (F) establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Coast Guard; and (G) identify the resources necessary to effectively use artificial intelligence to carry out the missions of the Coast Guard. (c) Report to Congress Not later than 180 days after the completion of the review required by subsection (a)(1), the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report on— (1) the findings of the Commandant with respect to such review and any action taken or proposed to be taken by the Commandant, and the resources necessary to address such findings; (2) the performance objectives and accompanying metrics established under subsections (a)(3) and (b)(1)(B); and (3) any recommendation with respect to proposals for legislative change necessary to successfully implement artificial intelligence applications within the Coast Guard. 235. Cyber data management (a) In general The Commandant, in coordination with the Commander of United States Cyber Command, and the Director of the Cybersecurity and Infrastructure Security Agency, shall— (1) develop policies, processes, and operating procedures governing— (A) access to and the ingestion, structure, storage, and analysis of information and data relevant to the Coast Guard Cyber Mission, including— (i) intelligence data relevant to Coast Guard missions; (ii) internet traffic, topology, and activity data relevant to such missions; and (iii) cyber threat information relevant to such missions; and (B) data management and analytic platforms relating to such missions; and (2) evaluate data management platforms referred to in paragraph (1)(B) to ensure that such platforms operate consistently with the Coast Guard Data Strategy. (b) Report Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) an assessment of the progress on the activities required by subsection (a); and (2) any recommendation with respect to funding or additional authorities necessary, including proposals for legislative change, to improve Coast Guard cyber data management. 236. Data management The Commandant shall develop data workflows and processes for the leveraging of mission-relevant data by the Coast Guard to enhance operational effectiveness and efficiency. 237. Study on cyber threats to the United States marine transportation system (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on cyber threats to the United States marine transportation system. (b) Elements The study required by paragraph (1) shall assess the following: (1) The extent to which the Coast Guard, in collaboration with other Federal agencies, sets standards for the cybersecurity of facilities and vessels regulated under part 104, 105, or 106 of title 33 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act. (2) The manner in which the Coast Guard ensures cybersecurity standards are followed by port, vessel, and facility owners and operators. (3) The extent to which maritime sector-specific planning addresses cybersecurity, particularly for vessels and offshore platforms. (4) The manner in which the Coast Guard, other Federal agencies, and vessel and offshore platform operators exchange information regarding cyber risks. (5) The extent to which the Coast Guard is developing and deploying cybersecurity specialists in port and vessel systems and collaborating with the private sector to increase the expertise of the Coast Guard with respect to cybersecurity. (6) The cyber resource and workforce needs of the Coast Guard necessary to meet future mission demands. (c) Report Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit a report on the findings of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (d) Definition of facility In this section the term facility has the meaning given the term in section 70101 of title 46, United States Code. E Aviation 241. Space-available travel on Coast Guard aircraft: program authorization and eligible recipients (a) In general Subchapter I of chapter 5 of title 14, United States Code, is amended by adding at the end the following: 509. Space-available travel on Coast Guard aircraft (a) (1) The Coast Guard may establish a program to provide transportation on Coast Guard aircraft on a space-available basis to the categories of eligible individuals described in subsection (c) (in this section referred to as the program ). (2) Not later than 1 year after the date on which the program is established, the Commandant shall develop a policy for its operation. (b) (1) The Commandant shall operate the program in a budget-neutral manner. (2) (A) Except as provided in subparagraph (B), no additional funds may be used, or flight hours performed, for the purpose of providing transportation under the program. (B) The Commandant may make de minimis expenditures of resources required for the administrative aspects of the program. (3) Eligible individuals described in subsection (c) shall not be required to reimburse the Coast Guard for travel provided under this section. (c) Subject to subsection (d), the categories of eligible individuals described in this subsection are the following: (1) Members of the armed forces on active duty. (2) Members of the Selected Reserve who hold a valid Uniformed Services Identification and Privilege Card. (3) Retired members of a regular or reserve component of the armed forces, including retired members of reserve components who, but for being under the eligibility age applicable under section 12731 of title 10, would be eligible for retired pay under chapter 1223 of title 10. (4) Subject to subsection (f), veterans with a permanent service-connected disability rated as total. (5) Such categories of dependents of individuals described in paragraphs (1) through (3) as the Commandant shall specify in the policy under subsection (a)(2), under such conditions and circumstances as the Commandant shall specify in such policy. (6) Such other categories of individuals as the Commandant, in the discretion of the Commandant, considers appropriate. (d) In operating the program, the Commandant shall— (1) in the sole discretion of the Commandant, establish an order of priority for transportation for categories of eligible individuals that is based on considerations of military necessity, humanitarian concerns, and enhancement of morale; (2) give priority in consideration of transportation to the demands of members of the armed forces in the regular components and in the reserve components on active duty and to the need to provide such members, and their dependents, a means of respite from such demands; and (3) implement policies aimed at ensuring cost control (as required by subsection (b)) and the safety, security, and efficient processing of travelers, including limiting the benefit under the program to 1 or more categories of otherwise eligible individuals, as the Commandant considers necessary. (e) (1) Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the program, the Commandant shall provide transportation for an individual described in paragraph (2), and a single dependent of the individual if needed to accompany the individual, at a priority level in the same category as the priority level for an unaccompanied dependent over the age of 18 years traveling on environmental and morale leave. (2) Subject to paragraph (3), paragraph (1) applies with respect to an individual described in subsection (c)(3) who— (A) resides in or is located in a Commonwealth or possession of the United States; and (B) is referred by a military or civilian primary care provider located in that Commonwealth or possession to a specialty care provider for services to be provided outside of that Commonwealth or possession. (3) If an individual described in subsection (c)(3) is a retired member of a reserve component who is ineligible for retired pay under chapter 1223 of title 10 by reason of being under the eligibility age applicable under section 12731 of title 10, paragraph (1) applies to the individual only if the individual is also enrolled in the TRICARE program for certain members of the Retired Reserve authorized under section 1076e of title 10. (4) The priority for space-available transportation required by this subsection applies with respect to— (A) the travel from the Commonwealth or possession of the United States to receive the specialty care services; and (B) the return travel. (5) In this subsection, the terms primary care provider and specialty care provider refer to a medical or dental professional who provides health care services under chapter 55 of title 10. (f) (1) Travel may not be provided under this section to a veteran eligible for travel pursuant to paragraph (4) of subsection (c) in priority over any member eligible for travel under paragraph (1) of that subsection or any dependent of such a member eligible for travel under this section. (2) Subsection (c)(4) may not be construed as— (A) affecting or in any way imposing on the Coast Guard, any armed force, or any commercial entity with which the Coast Guard or an armed force contracts, an obligation or expectation that the Coast Guard or such armed force will retrofit or alter, in any way, military aircraft or commercial aircraft, or related equipment or facilities, used or leased by the Coast Guard or such armed force to accommodate passengers provided travel under such authority on account of disability; or (B) preempting the authority of an aircraft commander to determine who boards the aircraft and any other matters in connection with safe operation of the aircraft. (g) The authority to provide transportation under the program is in addition to any other authority under law to provide transportation on Coast Guard aircraft on a space-available basis. . (b) Clerical amendment The analysis for subchapter I of chapter 5 of title 14, United States Code, is amended by adding at the end the following: 509. Space-available travel on Coast Guard aircraft. . 242. Report on Coast Guard Air Station Barbers Point hangar (a) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report on facilities requirements for constructing a hangar at Coast Guard Air Station Barbers Point at Oahu, Hawaii. (b) Elements The report required by subsection (a) shall include the following: (1) A description of the $45,000,000 phase one design for the hangar at Coast Guard Air Station Barbers Point funded by the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 1132). (2) An evaluation of the full facilities requirements for such hangar to house, maintain, and operate the MH–65 and HC–130J, including— (A) storage and provision of fuel; and (B) maintenance and parts storage facilities. (3) An evaluation of facilities growth requirements for possible future basing of the MH–60 with the C–130J at Coast Guard Air Station Barbers Point. (4) A description of and cost estimate for each project phase for the construction of such hangar. (5) A description of the plan for sheltering in the hangar during extreme weather events aircraft of the Coast Guard and partner agencies, such as the National Oceanic and Atmospheric Administration. (6) A description of the risks posed to operations at Coast Guard Air Station Barbers Point if future project phases for the construction of such hangar are not funded. 243. Study on the operational availability of Coast Guard aircraft and strategy for Coast Guard aviation (a) Study (1) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the operational availability of Coast Guard aircraft. (2) Elements The study required by paragraph (1) shall include the following: (A) An assessment of— (i) the extent to which the fixed-wing and rotary-wing aircraft of the Coast Guard have met annual operational availability targets in recent years; (ii) the challenges the Coast Guard may face with respect to such aircraft meeting operational availability targets, and the effects of such challenges on the Coast Guard’s ability to meet mission requirements; and (iii) the status of Coast Guard efforts to upgrade or recapitalize its fleet of such aircraft to meet growth in future mission demands globally, such as in the Western Hemisphere, the Arctic region, and the Western Pacific region. (B) Any recommendation with respect to the operational availability of Coast Guard aircraft. (C) The resource and workforce requirements necessary for Coast Guard Aviation to meet future mission demands. (3) Report On completion of the study required by paragraph (1), the Comptroller General shall submit to the Secretary of the department in which the Coast Guard is operating a report on the findings of the study. (b) Coast Guard aviation strategy (1) In general Not later than 180 days after the date on which the study under subsection (a) is completed, the Secretary of the department in which the Coast Guard is operating shall develop a comprehensive strategy for Coast Guard Aviation that is informed by the relevant recommendations and findings of the study. (2) Elements The strategy required by paragraph (1) shall include the following: (A) With respect to aircraft of the Coast Guard, an analysis of the current and future operations and future resource needs. (B) The projected number of aviation assets, the locations at which such assets are to be stationed, the cost of operation and maintenance of such assets, and an assessment of the capabilities of such assets as compared to the missions they are expected to execute, at the completion of major procurement and modernization plans. (C) A procurement plan, including an estimated timetable and the estimated appropriations necessary for all platforms, including unmanned aircraft. (D) A training plan for pilots and aircrew that addresses— (i) the use of simulators owned and operated by the Coast Guard, and simulators that are not owned or operated by the Coast Guard, including any such simulators based outside the United States; and (ii) the costs associated with attending training courses. (E) Current and future requirements for cutter and land-based deployment of aviation assets globally, including in the Arctic, the Eastern Pacific, the Western Pacific, the Caribbean, the Atlantic Basin, and any other area the Commandant considers appropriate. (F) A description of the feasibility of and resource requirements necessary to deploy rotary-winged assets onboard all future Arctic cutter patrols. (G) An evaluation of current and future facilities needs for Coast Guard aviation units. (H) An evaluation of pilot and aircrew training and retention needs, including aviation career incentive pay, retention bonuses, and any other workforce tools the Commandant considers necessary. (3) Briefing Not later than 180 days after the date on which the strategy required by paragraph (1) is completed, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the strategy. F Workforce readiness 251. Authorized strength Section 3702 of title 14, United States Code, is amended by adding at the end the following: (c) The Secretary may vary the authorized end strength of the Selected Reserve of the Coast Guard Reserve for a fiscal year by a number equal to not more than 3 percent of such end strength upon a determination by the Secretary that such a variation is in the national interest. (d) The Commandant may increase the authorized end strength of the Selected Reserve of the Coast Guard Reserve by a number equal to not more than 2 percent of such authorized end strength upon a determination by the Commandant that such an increase would enhance manning and readiness in essential units or in critical specialties or ratings. . 252. Number and distribution of officers on active duty promotion list (a) Maximum number of officers Section 2103(a) of title 14, United States Code, is amended to read as follows: (a) Maximum total number (1) In general The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 7,400. (2) Temporary increase Notwithstanding paragraph (1), the Commandant may temporarily increase the total number of commissioned officers permitted under that paragraph by up to 4 percent for not more than 60 days after the date of the commissioning of a Coast Guard Academy class. (3) Notification If the Commandant increases pursuant to paragraph (2) the total number of commissioned officers permitted under paragraph (1), the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the number of officers on the active duty promotion list on the last day of the preceding 30-day period— (A) not later than 30 days after such increase; and (B) every 30 days thereafter until the total number of commissioned officers no longer exceeds the total number of commissioned officers permitted under paragraph (1). . (b) Officers not on active duty promotion list (1) In general Chapter 51 of title 14, United States Code, is amended by adding at the end the following: 5113. Officers not on active duty promotion list Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105(a) of title 31, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the number of Coast Guard officers who are serving at other Federal agencies on a reimbursable basis, and the number of Coast Guard officers who are serving at other Federal agencies on a non-reimbursable basis but are not on the active duty promotion list. . (2) Clerical amendment The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following: 5113. Officers not on active duty promotion list. . 253. Continuation on active duty of officers with critical skills (a) In general Subchapter II of chapter 21 of title 14, United States Code, is amended by adding at the end the following: 2166. Continuation on active duty of officers with critical skills (a) In general The Commandant may authorize an officer in any grade above grade O–2 to remain on active duty after the date otherwise provided for the retirement of the officer in section 2154 of this title if the officer possesses a critical skill or specialty or is in a career field designated pursuant to subsection (b). (b) Critical skill, specialty, or career field The Commandant shall designate 1 or more critical skills, specialties, or career fields for purposes of subsection (a). (c) Duration of continuation An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service. (d) Policy The Commandant shall carry out this section by prescribing policy that specifies the criteria to be used in designating any critical skill, specialty, or career field for purposes of subsection (b). . (b) Clerical amendment The analysis for subchapter II of chapter 21 of title 14, United States Code, is amended by adding at the end the following: 2166. Continuation on active duty of officers with critical skills. . 254. Career incentive pay for marine inspectors (a) Authority To provide assignment pay or special duty pay The Secretary of the department in which the Coast Guard is operating may provide assignment pay or special duty pay under section 352 of title 37, United States Code, to a member of the Coast Guard serving in a prevention position and assigned as a marine inspector or marine investigator pursuant to section 312 of title 14, United States Code. (b) Annual briefing (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on any uses of the authority under subsection (a) during the preceding year. (2) Elements Each briefing required by paragraph (1) shall include the following: (A) The number of members of the Coast Guard serving as marine inspectors or marine investigators pursuant to section 312 of title 14, United States Code, who are receiving assignment pay or special duty pay under section 352 of title 37, United States Code. (B) An assessment of the impact of the use of the authority under this section on the effectiveness and efficiency of the Coast Guard in administering the laws and regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States. (C) An assessment of the effects of assignment pay and special duty pay on retention of marine inspectors and investigators. (D) If the authority provided in subsection (a) is not exercised, a detailed justification for not exercising such authority, including an explanation of the efforts the Secretary of the department in which the Coast Guard is operating is taking to ensure that the Coast Guard workforce contains an adequate number of qualified marine inspectors. (c) Study (1) In general Not later than 2 years after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in coordination with the Director of the National Institute for Occupational Safety and Health, shall conduct a study on the health of marine inspectors and marine investigators who have served in such positions for a period of not less than least 10 years. (2) Elements The study required by paragraph (1) shall include the following: (A) An evaluation of— (i) the daily vessel inspection duties of marine inspectors and marine investigators, including the examination of internal cargo tanks and voids and new construction activities; (ii) major incidents to which marine inspectors and marine investigators have had to respond, and any other significant incident, such as a vessel casualty, that has resulted in the exposure of marine inspectors and marine investigators to hazardous chemicals or substances; and (iii) the types of hazardous chemicals or substances to which marine inspectors and marine investigators have been exposed relative to the effects such chemicals or substances have had on marine inspectors and marine investigators. (B) A review and analysis of the current Coast Guard health and safety monitoring systems, and recommendations for improving such systems, specifically with respect to the exposure of members of the Coast Guard to hazardous substances while carrying out inspections and investigation duties. (C) Any other element the Secretary of the department in which the Coast Guard is operating considers appropriate. (3) Report On completion of the study required by paragraph (1), the Secretary of the department in which the Coast Guard is operating shall submit to 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 findings of the study and recommendations for actions the Commandant should take to improve the health and exposure of marine inspectors and marine investigators. (d) Termination The authority provided by subsection (a) shall terminate on December 31, 2027, unless the study required by subsection (c) is completed and submitted as required by that subsection. 255. Expansion of the ability for selection board to recommend officers of particular merit for promotion Section 2116(c)(1) of title 14, United States Code, is amended, in the second sentence, by inserting three times after may not exceed . 256. Pay and allowances for certain members of the Coast Guard during funding gap (a) In general During a funding gap, the Secretary of the Treasury shall make available to the Secretary of Homeland Security, out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the Secretary of Homeland Security determines to be necessary to continue to provide, without interruption, during the funding gap such sums as are necessary for— (1) pay and allowances to members of the Coast Guard, including reserve components thereof, who perform active service; (2) the payment of a death gratuity under sections 1475 through 1477 and 1489 of title 10, United States Code, with respect to members of the Coast Guard; (3) the payment or reimbursement of authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services under section 481f of title 37, United States Code, with respect to members of the Coast Guard; and (4) the temporary continuation of a basic allowance of housing for dependents of members of the Coast Guard dying on active duty, as authorized by section 403(l) of title 37, United States Code. (b) Funding gap defined In this section, the term funding gap means any period after the beginning of a fiscal year for which interim or full-year appropriations for the personnel accounts of the Coast Guard have not been enacted. 257. Modification to education loan repayment program (a) In general Section 2772 of title 14, United States Code, is amended to read as follows: 2772. Education loan repayment program: members on active duty in specified military specialties (a) (1) Subject to the provisions of this section, the Secretary may repay— (A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. ); (B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq. ); (C) any loan made under part E of such title ( 20 U.S.C. 1087aa et seq. ); or (D) any loan incurred for educational purposes made by a lender that is— (i) an agency or instrumentality of a State; (ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State; (iii) a pension fund approved by the Secretary for purposes of this section; or (iv) a nonprofit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section. (2) Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower. (3) The Secretary may repay loans described in paragraph (1) in the case of any person for service performed on active duty as a member in an officer program or military specialty specified by the Secretary. (b) The portion or amount of a loan that may be repaid under subsection (a) is 33 1/3 percent or $1,500, whichever is greater, for each year of service. (c) If a portion of a loan is repaid under this section for any year, interest on the remainder of such loan shall accrue and be paid in the same manner as is otherwise required. (d) Nothing in this section shall be construed to authorize refunding any repayment of a loan. (e) A person who transfers from service making the person eligible for repayment of loans under this section (as described in subsection (a)(3)) to service making the person eligible for repayment of loans under section 16301 of title 10 (as described in subsection (a)(2) or (g) of that section) during a year shall be eligible to have repaid a portion of such loan determined by giving appropriate fractional credit for each portion of the year so served, in accordance with regulations of the Secretary concerned. (f) The Secretary shall prescribe a schedule for the allocation of funds made available to carry out the provisions of this section and section 16301 of title 10 during any year for which funds are not sufficient to pay the sum of the amounts eligible for repayment under subsection (a) and section 16301(a) of title 10. (g) Except a person described in subsection (e) who transfers to service making the person eligible for repayment of loans under section 16301 of title 10, a member of the Coast Guard who fails to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions of section 303a(e) or 373 of title 37. (h) The Secretary may prescribe procedures for implementing this section, including standards for qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include exceptions that would allow for the payment as a lump sum of any loan repayment due to a member under a written agreement that existed at the time of a member’s death or disability. . (b) Clerical amendment The analysis for subchapter III of chapter 27 of title 14, United States Code, is amended to read as follows: 2772. Education loan repayment program: members on active duty in specified military specialties. . 258. Retirement of Vice Commandant Section 303 of title 14, United States Code, is amended— (1) by amending subsection (a)(2) to read as follows: (2) A Vice Commandant who is retired while serving as Vice Commandant, after serving not less than 2 years as Vice Commandant, shall be retired with the grade of admiral, except as provided in section 306(d). ; and (2) in subsection (c), by striking or Vice Commandant and inserting or as an officer serving as Vice Commandant who has served less than 2 years as Vice Commandant . 259. Report on resignation and retirement processing times and denial (a) In general Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report that evaluates resignation and retirement processing timelines. (b) Elements The report required by subsection (a) shall include the following for the preceding calendar year— (1) statistics on the number of resignations, retirements, and other separations that occurred; (2) the processing time for each action described in paragraph (1); (3) the percentage of requests for such actions that had a command endorsement; (4) the percentage of requests for such actions that did not have a command endorsement; and (5) for each denial of a request for a command endorsement and each failure to take action on such a request, a detailed description of the rationale for such denial or failure to take such action. 260. Calculation of active service Any service described in writing, including by electronic communication, before the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3388), by a representative of the Coast Guard Personnel Service Center, as service that counts toward total active service for the purpose of retirement under section 2152 of title 14, United States Code, shall be considered by the President as active service for purposes of applying such section with respect to the determination of the retirement qualification for any officer to whom a description was provided. 261. Physical disability evaluation system procedure review (a) 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 complete a study on the Coast Guard Physical Disability Evaluation System and medical retirement procedures. (2) Elements The study required by paragraph (1) shall review, and provide recommendations to address, the following: (A) Coast Guard compliance with all applicable laws, regulations, and policies relating to the Physical Disability Evaluation System and the Medical Evaluation Board. (B) Coast Guard compliance with timelines set forth in— (i) the instruction of the Commandant entitled Physical Disability Evaluation System issued on May 19, 2006 (COMDTNST M1850.2D); and (ii) the Physical Disability Evaluation System Transparency Initiative (ALCGPSC 030/20). (C) An evaluation of Coast Guard processes in place to ensure the availability, consistency, and effectiveness of counsel appointed by the Coast Guard Office of the Judge Advocate General to represent members of the Coast Guard undergoing an evaluation under the Physical Disability Evaluation System. (D) The extent to which the Coast Guard has and uses processes to ensure that such counsel may perform their functions in a manner that is impartial, including being able to perform their functions without undue pressure or interference by the command of the affected member of the Coast Guard, the Personnel Service Center, and the United States Coast Guard Office of the Judge Advocate General. (E) The frequency with which members of the Coast Guard seek private counsel in lieu of counsel appointed by the Coast Guard Office of the Judge Advocate General, and the frequency of so doing at each member pay grade. (F) The timeliness of determinations, guidance, and access to medical evaluations necessary for retirement or rating determinations and overall well-being of the affected member of the Coast Guard. (G) The guidance, formal or otherwise, provided by the Personnel Service Center and the Coast Guard Office of the Judge Advocate General, other than the counsel directly representing affected members of the Coast Guard, in communication with medical personnel examining members. (H) The guidance, formal or otherwise, provided by the medical professionals reviewing cases within the Physical Disability Evaluation System to affected members of the Coast Guard, and the extent to which such guidance is disclosed to the commanders, commanding officers, or other members of the Coast Guard in the chain of command of such affected members. (I) The feasibility of establishing a program to allow members of the Coast Guard to select an expedited review to ensure completion of the Medical Evaluation Board report not later than 180 days after the date on which such review was initiated. (b) Report The Comptroller General shall submit to 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 findings of the study conducted under subsection (a) and recommendations for improving the physical disability evaluation system process. (c) Updated policy guidance (1) In general Not later than 180 days after the date on which the report under subsection (b) is submitted, the Commandant shall issue updated policy guidance in response to the findings and recommendations contained in the report. (2) Elements The updated policy guidance required by paragraph (1) shall include the following: (A) A requirement that a member of the Coast Guard, or the counsel of such a member, shall be informed of the contents of, and afforded the option to be present for, any communication between the member’s command and the Personnel Service Center, or other Coast Guard entity, with respect to the duty status of the member. (B) An exception to the requirement described in subparagraph (A) that such a member or the counsel of the member is not required to be informed of the contents of such a communication if it is demonstrated that there is a legitimate health and safety need for the member to be excluded from such communications, supported by a medical opinion that such exclusion is necessary for the health or safety of the member, command, or any other individual. (C) An option to allow a member of the Coast Guard to initiate an evaluation by a Medical Evaluation Board if a Coast Guard healthcare provider, or other military healthcare provider, has raised a concern about the ability of the member to continue serving in the Coast Guard, in accordance with existing medical and physical disability policy. (D) An updated policy to remove the command endorsement requirement for retirement or separation unless absolutely necessary for the benefit of the United States. 262. Expansion of authority for multirater assessments of certain personnel (a) In general Section 2182(a) of title 14, United States Code, is amended by striking paragraph (2) and inserting the following: (2) Officers Each officer of the Coast Guard shall undergo a multirater assessment before promotion to— (A) the grade of O–4; (B) the grade of O–5; and (C) the grade of O–6. (3) Enlisted members Each enlisted member of the Coast Guard shall undergo a multirater assessment before advancement to— (A) the grade of E–7; (B) the grade of E–8; (C) the grade of E–9; and (D) the grade of E–10. (4) Selection A reviewee shall not be permitted to select the peers and subordinates who provide opinions for his or her multirater assessment. (5) Post-assessment elements (A) In general Following an assessment of an individual pursuant to paragraphs (1) through (3), the individual shall be provided appropriate post-assessment counseling and leadership coaching. (B) Availability of results The supervisor of the individual assessed shall be provided with the results of the multirater assessment. . (b) Cost assessment (1) In general Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the appropriate committees of Congress an estimate of the costs associated with implementing the amendment made by this section. (2) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and (B) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. 263. Promotion parity (a) Information To be furnished Section 2115(a) of title 14, United States Code, is amended— (1) in paragraph (1), by striking ; and 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) in the case of an eligible officer considered for promotion to a rank above lieutenant, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry and any information placed in the personnel service record of the officer under section 1745(a) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 1561 note), shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary. . (b) Special selection review boards (1) In general Subchapter I of chapter 21 of title 14, United States Code, is amended by inserting after section 2120 the following: 2120a. Special selection review boards (a) In general (1) If the Secretary determines that a person recommended by a promotion board for promotion to a grade at or below the grade of rear admiral is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in section 2115(a)(3) of this title that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained. (2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person— (A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and (B) shall not be forwarded to the President or the Senate, as applicable, or included on a promotion list under section 2121 of this title. (b) Convening (1) Any special selection review board convened under this section shall be convened in accordance with the provisions of section 2120(c) of this title. (2) Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary shall specify in convening such special selection review board. (c) Information considered (1) In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following: (A) The record and information concerning the person furnished in accordance with section 2115 of this title to the promotion board that recommended the person for promotion. (B) Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in section 2115(a)(3) of this title. (2) The furnishing of information to a special selection review board under paragraph (1)(B) shall be governed by the standards and procedures referred to in section 2115 of this title. (3) (A) Before information on a person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary shall ensure that— (i) such information is made available to the person; and (ii) subject to subparagraphs (C) and (D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section. (B) If information on a person described in paragraph (1)(B) is not made available to the person as otherwise required by subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the person's authorization for access to classified information. (C) (i) An opportunity to submit comments on information is not required for a person under subparagraph (A)(ii) if— (I) such information was made available to the person in connection with the furnishing of such information under section 2115(a) of this title to the promotion board that recommended the promotion of the person subject to review under this section; and (II) the person submitted comments on such information to that promotion board. (ii) The comments on information of a person described in clause (i)(II) shall be furnished to the special selection review board. (D) A person may waive either or both of the following: (i) The right to submit comments to a special selection review board under subparagraph (A)(ii). (ii) The furnishing of comments to a special selection review board under subparagraph (C)(ii). (d) Consideration (1) In considering the record and information on a person under this section, the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers who were recommended for promotion by the promotion board that recommended the person for promotion, and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board. (2) Records and information shall be presented to a special selection review board for purposes of paragraph (1) in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened. (3) In considering whether the recommendation for promotion of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply standards used by the promotion board that recommended the person for promotion. (4) The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person— (A) ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned; and (B) is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board. (5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board. (6) If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for promotion. (e) Reports (1) Each special selection review board convened under this section shall submit to the Secretary a written report, signed by each member of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it. (2) The provisions of sections 2117(a) of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under section 2106 of this title. (f) Appointment of Persons (1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that grade in accordance with section 2121 of this title. (2) A person who is appointed to the next higher grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned. (g) Regulations The Secretary shall prescribe regulations to carry out this section. (h) Promotion board defined In this section, the term promotion board means a selection board convened by the Secretary under section 2106 of this title. . (2) Clerical amendment The analysis for subchapter I of chapter 21 of title 14, United States Code, is amended by inserting after the item relating to section 2120 the following: 2120a. Special selection review boards . (c) Availability of information Section 2118 of title 14, United States Code, is amended by adding at the end the following: (e) If the Secretary makes a recommendation under this section that the name of an officer be removed from a report of a selection board and the recommendation is accompanied by information that was not presented to that selection board, that information shall be made available to that officer. The officer shall then be afforded a reasonable opportunity to submit comments on that information to the officials making the recommendation and the officials reviewing the recommendation. If an eligible officer cannot be given access to such information because of its classification status, the officer shall, to the maximum extent practicable, be provided with an appropriate summary of the information. . (d) Delay of promotion Section 2121(f) of title 14, United States Code, is amended to read as follows: (f) (1) The promotion of an officer may be delayed without prejudice if any of the following applies: (A) The officer is under investigation or proceedings of a court-martial or a board of officers are pending against the officer. (B) A criminal proceeding in a Federal or State court is pending against the officer. (C) The Secretary determines that credible information of an adverse nature, including a substantiated adverse finding or conclusion described in section 2115(a)(3), with respect to the officer will result in the convening of a special selection review board under section 2120a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained. (2) (A) Subject to subparagraph (B), a promotion may be delayed under this subsection until, as applicable— (i) the completion of the investigation or proceedings described in subparagraph (A); (ii) a final decision in the proceeding described in subparagraph (B) is issued; or (iii) the special selection review board convened under section 2120a of this title issues recommendations with respect to the officer. (B) Unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. (3) An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed. . 264. Partnership program to diversify the Coast Guard (a) Establishment The Commandant shall establish a program for the purpose of increasing the number of underrepresented minorities in the enlisted ranks of the Coast Guard. (b) Partnerships In carrying out the program established under subsection (a), the Commandant shall— (1) seek to enter into 1 or more partnerships with eligible entities— (A) to increase the visibility of Coast Guard careers; (B) to promote curriculum development— (i) to enable acceptance into the Coast Guard; and (ii) to improve success on relevant exams, such as the Armed Services Vocational Aptitude Battery; and (C) to provide mentoring for students entering and beginning Coast Guard careers; and (2) enter into a partnership with an existing Junior Reserve Officers’ Training Corps for the purpose of promoting Coast Guard careers. (c) Eligible institution defined In this section, the term eligible institution means— (1) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); (2) an institution that provides a level of educational attainment that is less than a bachelor’s degree; (3) a part B institution (as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )); (4) a Tribal College or University (as defined in section 316(b) of that Act ( 20 U.S.C. 1059c(b) )); (5) a Hispanic-serving institution (as defined in section 502 of that Act ( 20 U.S.C. 1101a )); (6) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (7) a Predominantly Black institution (as defined in section 371(c) of that Act ( 20 U.S.C. 1071q(c) )); (8) an Asian American and Native American Pacific Islander-serving institution (as defined in such section); and (9) a Native American-serving nontribal institution (as defined in such section). 265. Expansion of Coast Guard Junior Reserve Officers’ Training Corps (a) In general Section 320 of title 14, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); (2) in subsection (b), by striking subsection (c) and inserting subsection (d) ; and (3) by inserting after subsection (b) the following: (c) Scope Beginning on December 31, 2025, the Secretary of the department in which the Coast Guard is operating shall maintain at all times a Junior Reserve Officers’ Training Corps program with not fewer than 1 such program established in each Coast Guard district. . (b) Cost assessment Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall provide to Congress an estimate of the costs associated with implementing the amendments made by this section. 266. Improving representation of women and racial and ethnic minorities among Coast Guard active-duty members (a) In general Not later than 180 days after the date of the enactment of this Act, in consultation with the Advisory Board on Women at the Coast Guard Academy established under section 1904 of title 14, United States Code, and the minority outreach team program established by section 1905 of such title, the Commandant shall— (1) determine which recommendations in the RAND representation report may practicably be implemented to promote improved representation in the Coast Guard of— (A) women; and (B) racial and ethnic minorities; and (2) submit to 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 actions the Commandant has taken, or plans to take, to implement such recommendations. (b) Curriculum and training In the case of any action the Commandant plans to take to implement recommendations described in subsection (a)(1) that relate to modification or development of curriculum and training, such modified curriculum and trainings shall be provided at officer and accession points and at leadership courses managed by the Coast Guard Leadership Development Center. (c) Definition of RAND representation report In this section, the term RAND representation report means the report of the Homeland Security Operational Analysis Center of the RAND Corporation entitled Improving the Representation of Women and Racial/Ethnic Minorities Among U.S. Coast Guard Active-Duty Members issued on August 11, 2021. 267. Strategy to enhance diversity through recruitment and accession (a) In general The Commandant shall develop a 10-year strategy to enhance Coast Guard diversity through recruitment and accession— (1) at educational institutions at the high school and higher education levels; and (2) for the officer and enlisted ranks. (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to 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 strategy developed under subsection (a). (2) Elements The report required by paragraph (1) shall include the following: (A) A description of existing Coast Guard recruitment and accession programs at educational institutions at the high school and higher education levels. (B) An explanation of the manner in which the strategy supports the Coast Guard’s overall diversity and inclusion action plan. (C) A description of the manner in which existing programs and partnerships will be modified or expanded to enhance diversity in recruiting and accession at the high school and higher education levels. 268. Support for Coast Guard Academy (a) In general Subchapter II of chapter 9 of title 14, United States Code, is amended by adding at the end the following: 953. Support for Coast Guard Academy (a) Authority (1) Contracts and cooperative agreements (A) The Commandant may enter contract and cooperative agreements with 1 or more qualified organizations for the purpose of supporting the athletic programs of the Coast Guard Academy. (B) Notwithstanding section 2304(k) of title 10, the Commandant may enter into such contracts and cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of title 10. (C) Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Coast Guard Academy. (2) Financial controls (A) Before entering into a contract or cooperative agreement under paragraph (1), the Commandant shall ensure that the contract or agreement includes appropriate financial controls to account for the resources of the Coast Guard Academy and the qualified organization concerned in accordance with accepted accounting principles. (B) Any such contract or cooperative agreement shall contain a provision that allows the Commandant to review, as the Commandant considers necessary, the financial accounts of the qualified organization to determine whether the operations of the qualified organization— (i) are consistent with the terms of the contract or cooperative agreement; and (ii) would compromise the integrity or appearance of integrity of any program of the Department of Homeland Security. (3) Leases For the purpose of supporting the athletic programs of the Coast Guard Academy, the Commandant may, consistent with section 504(a)(13), rent or lease real property located at the Coast Guard Academy to a qualified organization, except that proceeds from such a lease shall be retained and expended in accordance with subsection (f). (b) Support services (1) Authority To the extent required by a contract or cooperative agreement under subsection (a), the Commandant may provide support services to a qualified organization while the qualified organization conducts its support activities at the Coast Guard Academy only if the Commandant determines that the provision of such services is essential for the support of the athletic programs of the Coast Guard Academy. (2) No liability of the United States Support services may only be provided without any liability of the United States to a qualified organization. (3) Support services defined In this subsection, the term support services includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems, in conjunction with the leasing or licensing of property. (c) Transfers from nonappropriated fund operation (1) Except as provided in paragraph (2), the Commandant may, subject to the acceptance of the qualified organization concerned, transfer to the qualified organization all title to and ownership of the assets and liabilities of the Coast Guard nonappropriated fund instrumentality, the function of which includes providing support for the athletic programs of the Coast Guard Academy, including bank accounts and financial reserves in the accounts of such fund instrumentality, equipment, supplies, and other personal property. (2) The Commandant may not transfer under paragraph (1) any interest in real property. (d) Acceptance of support from qualified organization (1) In general Notwithstanding section 1342 of title 31, the Commandant may accept from a qualified organization funds, supplies, and services for the support of the athletic programs of the Coast Guard Academy. (2) Employees of qualified organization For purposes of this section, employees or personnel of the qualified organization may not be considered to be employees of the United States. (3) Funds received from NCAA The Commandant may accept funds from the National Collegiate Athletic Association to support the athletic programs of the Coast Guard Academy. (4) Limitation The Commandant shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (f)— (A) do not reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces (as defined in section 101(a) of title 10) to carry out any responsibility or duty in a fair and objective manner; or (B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program. (e) Trademarks and service marks (1) Licensing, marketing, and sponsorship agreements An agreement under subsection (a) may, consistent with section 2260 of title 10 (other than subsection (d) of such section), authorize a qualified organization to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Coast Guard Academy, subject to the approval of the Commandant. (2) Limitations A licensing, marketing, or sponsorship agreement may not be entered into under paragraph (1) if— (A) such agreement would reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or (B) the Commandant determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Coast Guard or any individual involved in such a program. (f) Retention and use of funds Funds received by the Commandant under this section may be retained for use to support the athletic programs of the Coast Guard Academy and shall remain available until expended. (g) Service on qualified organization board of directors A qualified organization is a designated entity for which authorization under sections 1033(a) and 1589(a) of title 10, may be provided. (h) Conditions The authority provided in this section with respect to a qualified organization is available only so long as the qualified organization continues— (1) to qualify as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and operates in accordance with this section, the law of the State of Connecticut, and the constitution and bylaws of the qualified organization; and (2) to operate exclusively to support the athletic programs of the Coast Guard Academy. (i) Qualified organization defined In this section, the term qualified organization means an organization— (1) described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986 and exempt from taxation under subsection (a) of that section; and (2) established by the Coast Guard Academy Alumni Association solely for the purpose of supporting Coast Guard athletics. 954. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds (a) Authority In the case of a Coast Guard Academy mixed-funded athletic or recreational extracurricular program, the Commandant may designate funds appropriated to the Coast Guard and available for that program to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended. (b) Covered programs In this section, the term Coast Guard Academy mixed-funded athletic or recreational extracurricular program means an athletic or recreational extracurricular program of the Coast Guard Academy to which each of the following applies: (1) The program is not considered a morale, welfare, or recreation program. (2) The program is supported through appropriated funds. (3) The program is supported by a nonappropriated fund instrumentality. (4) The program is not a private organization and is not operated by a private organization. . (b) Clerical amendment The analysis for subchapter II of chapter 9 title 14 United States Code, is amended by adding at the end the following: 953. Support for Coast Guard Academy. 954. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds. . 269. Training for congressional affairs personnel (a) In general Section 315 of title 14, United States Code, is amended to read as follows: 315. Training for congressional affairs personnel (a) In general The Commandant shall develop a training course, which shall be administered in person, on the workings of Congress for any member of the Coast Guard selected for a position as a fellow, liaison, counsel, administrative staff for the Coast Guard Office of Congressional and Governmental Affairs, or any Coast Guard district or area governmental affairs officer. (b) Course subject matter (1) In general The training course required by this section shall provide an overview and introduction to Congress and the Federal legislative process, including— (A) the congressional budget process; (B) the congressional appropriations process; (C) the congressional authorization process; (D) the Senate advice and consent process for Presidential nominees; (E) the Senate advice and consent process for treaty ratification; (F) the roles of Members of Congress and congressional staff in the legislative process; (G) the concept and underlying purposes of congressional oversight within the governance framework of separation of powers; (H) the roles of Coast Guard fellows, liaisons, counsels, governmental affairs officers, the Coast Guard Office of Program Review, the Coast Guard Headquarters program offices, and any other entity the Commandant considers relevant; and (I) the roles and responsibilities of Coast Guard public affairs and external communications personnel with respect to Members of Congress and their staff necessary to enhance communication between Coast Guard units, sectors, and districts and Member offices and committees of jurisdiction so as to ensure visibility of Coast Guard activities. (2) Detail within Coast Guard Office of Budget and Programs (A) In general At the written request of the receiving congressional office, the training course required by this section shall include a multi-day detail within the Coast Guard Office of Budget and Programs to ensure adequate exposure to Coast Guard policy, oversight, and requests from Congress. (B) Nonconsecutive detail permitted A detail under this paragraph is not required to be consecutive with the balance of the training. (c) Completion of required training A member of the Coast Guard selected for a position described in subsection (a) shall complete the training required by this section before the date on which such member reports for duty for such position. . 270. Strategy for retention of cuttermen (a) In general Not later than 180 days after the date of enactment of this Act, the Commandant shall publish a strategy to improve incentives to attract and retain a diverse workforce serving on Coast Guard cutters. (b) Elements The strategy required by subsection (a) shall include the following: (1) Policies to improve flexibility in the afloat career path, including a policy that enables members of the Coast Guard serving on Coast Guard cutters to transition between operations afloat and operations ashore assignments without detriment to their career progression. (2) A review of current officer requirements for afloat positions at each pay grade, and an assessment as to whether such requirements are appropriate or present undue limitations. (3) Strategies to improve crew comfort afloat, such as berthing modifications to accommodate mixed-gender crew and gender-nonconforming crew. (4) Actionable steps to improve access to highspeed internet capable of video conference for the purposes of medical, educational, and personal use by members of the Coast Guard serving on Coast Guard cutters. (5) An assessment of the effectiveness of bonuses to attract members to serve at sea and retain talented members of the Coast Guard serving on Coast Guard cutters to serve as leaders in senior enlisted positions, department head positions, and command positions. (6) Policies to ensure that high-performing members of the Coast Guard serving on Coast Guard cutters are competitive for special assignments, postgraduate education, senior service schools, and other career-enhancing positions. 271. Study on extremism in the Coast Guard (a) Study (1) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the presence of extremism within the workforce of the Coast Guard. (2) Elements The study required by paragraph (1) shall include the following: (A) An assessment of— (i) the extent to which extremist ideologies, including ideologies that encourage, or could lead to, violence, exists within the workforce of the Coast Guard; (ii) the unique challenges the Coast Guard faces in addressing such ideologies within the workforce of the Coast Guard; and (iii) the manner in which such ideologies are introduced into the workforce of the Coast Guard. (B) Recommendations on ways to address and eradicate any such ideologies within the workforce of the Coast Guard. (b) Report Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to 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 findings of the study, including a description of the recommendations under paragraph (2) of that subsection. (c) Briefing Not later than 90 days after the date on which the report is submitted under subsection (b), the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the recommendations described in the report. 272. Study on performance of Coast Guard Force Readiness Command (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the performance of the Coast Guard Force Readiness Command. (b) Elements The study required by subsection (a) shall include an assessment of the following: (1) The actions the Force Readiness Command has taken to develop and implement training for the Coast Guard workforce. (2) The extent to which the Force Readiness Command— (A) has assessed performance, policy, and training compliance across Force Readiness Command headquarters and field units, and the results of any such assessment; and (B) is modifying and expanding Coast Guard training to match the future demands of the Coast Guard with respect to growth in workforce numbers, modernization of assets and infrastructure, and increased global mission demands relating to the Arctic and Western Pacific regions and cyberspace. (c) Report Not later than 1 year after the study required by subsection (a) commences, the Comptroller General shall submit to 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 findings of the study. 273. Study on frequency of weapons training for Coast Guard personnel (a) In general The Commandant shall conduct a study to assess whether current weapons training required for Coast Guard law enforcement and other relevant personnel is sufficient. (b) Elements The study required by subsection (a) shall— (1) assess whether there is a need to improve weapons training for Coast Guard law enforcement and other relevant personnel; and (2) identify— (A) the frequency of such training most likely to ensure adequate weapons training, proficiency, and safety among such personnel; (B) Coast Guard law enforcement and other applicable personnel who should be prioritized to receive such improved training; and (C) any challenge posed by a transition to improving such training and offering such training more frequently, and the resources necessary to address such a challenge. (c) Report Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to 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 findings of the study conducted under subsection (a). G Miscellaneous provisions 281. Budgeting of Coast Guard relating to certain operations (a) In general Chapter 51 of title 14, United States Code, as amended by section 252(b), is further amended by adding at the end the following: 5114. Expenses of performing and executing defense readiness missions and other activities unrelated to Coast Guard missions The Commandant shall include in the annual budget submission of the President under section 1105(a) of title 31 a dedicated budget line item that adequately represents a calculation of the annual costs and expenditures of performing and executing all defense readiness mission activities, including— (1) all expenses related to the Coast Guard’s coordination, training, and execution of defense readiness mission activities in the Coast Guard’s capacity as an armed force (as such term is defined in section 101 of title 10) in support of Department of Defense national security operations and activities or for any other military department or Defense Agency (as such terms are defined in such section); (2) costs associated with Coast Guard detachments assigned in support of the Coast Guard’s defense readiness mission; and (3) any other related expenses, costs, or matters the Commandant considers appropriate or otherwise of interest to Congress. . (b) Clerical amendment The analysis for chapter 51 of title 14, United States Code, as amended by section 252(b), is further amended by adding at the end the following: 5114. Expenses of performing and executing defense readiness missions or other activities unrelated to Coast Guard missions. . 282. Coast Guard assistance to United States Secret Service Section 6 of the Presidential Protection Assistance Act of 1976 ( 18 U.S.C. 3056 note) is amended— (1) by striking Executive departments and inserting the following: (a) Except as provided in subsection (b), Executive departments ; (2) by striking Director; except that the Department of Defense and the Coast Guard shall provide such assistance and inserting the following: “Director. (b) (1) Subject to paragraph (2), the Department of Defense and the Coast Guard shall provide assistance described in subsection (a) ; and (3) by adding at the end the following: (2) (A) For fiscal year 2022, and each fiscal year thereafter, the total cost of assistance described in subsection (a) provided by the Coast Guard on a nonreimbursable basis shall not exceed $15,000,000. (B) The Coast Guard may provide assistance described in subsection (a) during a fiscal year in addition to the amount specified in subparagraph (A) on a reimbursable basis. . 283. Conveyance of Coast Guard vessels for public purposes (a) Transfer Section 914 of the Coast Guard Authorization Act of 2010 ( 14 U.S.C. 501 note; Public Law 111–281 ) is— (1) transferred to subchapter I of chapter 5 of title 14, United States Code; (2) added at the end so as to follow section 508 of such title; (3) redesignated as section 509 of such title; and (4) amended so that the enumerator, the section heading, typeface, and typestyle conform to those appearing in other sections of title 14, United States Code. (b) Clerical amendments (1) Coast Guard Authorization Act of 2010 The table of contents in section 1(b) of the Coast Guard Authorization Act of 2010 ( Public Law 111–281 ) is amended by striking the item relating to section 914. (2) Title 14 The analysis for subchapter I of chapter 5 of title 14, United States Code, is amended by adding at the end the following: 509. Conveyance of Coast Guard vessels for public purposes. . (c) Conveyance of Coast Guard vessels for public purposes Section 509 of title 14, United States Code, as transferred and redesignated by subsection (a), is amended— (1) by amending subsection (a) to read as follows: (a) In general On request by the Commandant, the Administrator of the General Services Administration may transfer ownership of a Coast Guard vessel or aircraft to an eligible entity for educational, cultural, historical, charitable, recreational, or other public purposes if such transfer is authorized by law. ; and (2) in subsection (b)— (A) in paragraph (1)— (i) by inserting as if the request were being processed after vessels ; and (ii) by inserting , as in effect on the date of the enactment of the Coast Guard Authorization Act of 2022 after Code of Federal Regulations ; (B) in paragraph (2) by inserting , as in effect on the date of the enactment of the Coast Guard Authorization Act of 2022 after such title ; and (C) in paragraph (3), by striking of the Coast Guard . 284. Coast Guard intelligence activities and emergency and extraordinary expenses (a) In general Subject to the limitations of subsection (b) and with sums made available to the Director of the Coast Guard Counterintelligence Service, the Commandant may expend funds for human intelligence and counterintelligence activities of any confidential, emergency, or extraordinary nature that cannot be anticipated or classified. The Commandant shall certify that such expenditure was made for an object of a confidential, emergency, or extraordinary nature and such a certification is final and conclusive upon the accounting officers of the United States. A written certification by the Commandant is sufficient voucher for the expenditure. (b) Limitations (1) Maximum annual amount For each fiscal year, the Commandant may not obligate or expend funds under subsection (a) in an amount that exceeds 5 percent of the funds made available to the Director of the Coast Guard Counterintelligence Service for such fiscal year until— (A) the Commandant has notified the appropriate committees of Congress of the intent to obligate or expend the funds in excess of such amount; and (B) 15 days have elapsed since the date of the notification in accordance with subparagraph (A). (2) Requirements for expenditures in excess of $25,000 The Commandant may not obligate or expend funds under subsection (a) for an expenditure in excess of $25,000 until— (A) the Commandant has notified the appropriate committees of Congress of the intent to obligate or expend the funds; and (B) 15 days have elapsed since the date of the notification in accordance with subparagraph (A). (c) Waiver Notwithstanding subsection (b), the Commandant may waive a requirement under such subsection if the Commandant determines that such a waiver is necessary due to extraordinary circumstances that affect the national security of the United States. If the Commandant issues a waiver under this subsection, the Commandant shall submit to the appropriate committees of Congress, by not later than 48 hours after issuing the waiver, written notice of and justification for the waiver. (d) Reports (1) In general Not less frequently than semiannually, the Commandant shall— (A) submit to the appropriate committees of Congress a report on all expenditures during the preceding semiannual period under subsection (a); and (B) provide a briefing to the appropriate committees of Congress on the report submitted under subparagraph (A). (2) Contents Each report submitted under paragraph (1)(A) shall include, for each individual expenditure covered by such report in an amount in excess of $25,000, the following: (A) A detailed description of the purpose of such expenditure. (B) The amount of such expenditure. (C) An identification of the approving authority for such expenditure. (D) A justification of why other authorities available to the Coast Guard could not be used for such expenditure. (E) Any other additional information as the Commandant considers appropriate. (e) Special rule The authority of this section shall be executed in a manner that does not contravene, and is consistent with, the responsibility and authority of the Director of National Intelligence as described in sections 3023 and 3024 of title 50, United States Code. (f) Appropriate committees of congress In this section, the term appropriate committees of Congress means— (1) the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Transportation and Infrastructure of the House of Representatives. 285. Transfer and conveyance (a) In general (1) Requirement The Commandant shall, without consideration, transfer in accordance with subsection (b) and convey in accordance with subsection (c) a parcel of the real property described in paragraph (2), including any improvements thereon, to free the Coast Guard of liability for any unforeseen environmental or remediation of substances unknown that may exist on, or emanate from, such parcel. (2) Property The property described in this paragraph is real property at Dauphin Island, Alabama, located at 100 Agassiz Street, and consisting of a total of approximately 35.63 acres. The exact acreage and legal description of the parcel of such property to be transferred or conveyed in accordance with subsection (b) or (c), respectively, shall be determined by a survey satisfactory to the Commandant. (b) To the Secretary of Health and Human Services The Commandant shall transfer, as described in subsection (a), to the Secretary of Health and Human Services (in this section referred to as the Secretary ), for use by the Food and Drug Administration, custody and control of a portion, consisting of approximately 4 acres, of the parcel of real property described in such subsection, to be identified by agreement between the Commandant and the Secretary. (c) To the State of Alabama The Commandant shall convey, as described in subsection (a), to the Marine Environmental Sciences Consortium, a unit of the government of the State of Alabama, located at Dauphin Island, Alabama, all rights, title, and interest of the United States in and to such portion of the parcel described in such subsection that is not transferred to the Secretary under subsection (b). (d) Payments and costs of transfer and conveyance (1) Payments (A) In general The Secretary shall pay costs to be incurred by the Coast Guard, or reimburse the Coast Guard for such costs incurred by the Coast Guard, to carry out the transfer and conveyance required by this section, including survey costs, appraisal costs, costs for environmental documentation related to the transfer and conveyance, and any other necessary administrative costs related to the transfer and conveyance. (B) Funds Notwithstanding section 780 of division B of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ), any amounts that are made available to the Secretary under such section and not obligated on the date of enactment of this Act shall be available to the Secretary for the purpose described in subparagraph (A). (2) Treatment of amounts received Amounts received by the Commandant as reimbursement under paragraph (1) shall be credited to the Coast Guard Housing Fund established under section 2946 of title 14, United States Code, or the account that was used to pay the costs incurred by the Coast Guard in carrying out the transfer or conveyance under this section, as determined by the Commandant, and shall be made available until expended. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. 286. Transparency and oversight (a) Notification (1) In general Subject to subsection (b), the Secretary of the department in which the Coast Guard is operating, or the designee of the Secretary, shall notify the appropriate committees of Congress and the Coast Guard Office of Congressional and Governmental Affairs not later than 3 full business days before— (A) making or awarding a grant allocation or grant in excess of $1,000,000; (B) making or awarding a contract, other transaction agreement, or task or delivery order on a Coast Guard multiple award contract, or issuing a letter of intent totaling more than $4,000,000; (C) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Coast Guard funds; (D) making a sole-source grant award; or (E) announcing publicly the intention to make or award an item described in subparagraph (A), (B), (C), or (D), including a contract covered by the Federal Acquisition Regulation. (2) Element A notification under this subsection shall include— (A) the amount of the award; (B) the fiscal year for which the funds for the award were appropriated; (C) the type of contract; (D) an identification of the entity awarded the contract, such as the name and location of the entity; and (E) the account from which the funds are to be drawn. (b) Exception If the Secretary of the department in which the Coast Guard is operating determines that compliance with subsection (a) would pose a substantial risk to human life, health, or safety, the Secretary— (1) may make an award or issue a letter described in that subsection without the notification required under that subsection; and (2) shall notify the appropriate committees of Congress not later than 5 full business days after such an award is made or letter issued. (c) Applicability Subsection (a) shall not apply to funds that are not available for obligation. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and (2) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. 287. Study on safety inspection program for containers and facilities (a) In general Not later than 1 year after the date of the enactment of this Act, the Commandant, in consultation with the Commissioner of U.S. Customs and Border Protection, shall complete a study on the safety inspection program for containers (as defined in section 80501 of title 46, United States Code) and designated waterfront facilities receiving containers. (b) Elements The study required by subsection (a) shall include the following: (1) An evaluation and review of such safety inspection program. (2) A determination of— (A) the number of container inspections conducted annually by the Coast Guard during the preceding 10-year period, as compared to the number of containers moved through United States ports annually during such period; and (B) the number of qualified Coast Guard container and facility inspectors, and an assessment as to whether, during the preceding 10-year period, there have been a sufficient number of such inspectors to carry out the mission of the Coast Guard. (3) An evaluation of the training programs available to such inspectors and the adequacy of such training programs during the preceding 10-year period. (4) An assessment as to whether such training programs adequately prepare future leaders for leadership positions in the Coast Guard. (5) An identification of areas of improvement for such program in the interest of commerce and national security, and the costs associated with such improvements. (c) Report to Congress Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to 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 findings of the study required by subsection (a), including the personnel and resource requirements necessary for such program. III Environment 301. Definition of Secretary Except as otherwise specifically provided, in this title, the term Secretary means the Secretary of the department in which the Coast Guard is operating. A Marine mammals 311. Definitions In this subtitle: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives. (2) Core foraging habitats The term core foraging habitats means areas— (A) with biological and physical oceanographic features that aggregate Calanus finmarchicus; and (B) where North Atlantic right whales foraging aggregations have been well documented. (3) Exclusive economic zone The term exclusive economic zone has the meaning given that term in section 107 of title 46, United States Code. (4) Institution of higher education The term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) Large cetacean The term large cetacean means all endangered or threatened species within— (A) the suborder Mysticeti; (B) the genera Physeter; or (C) the genera Orcinus. (6) Near real-time The term near real-time , with respect to monitoring of whales, means that visual, acoustic, or other detections of whales are transmitted and reported as soon as technically feasible after such detections have occurred. (7) Nonprofit organization The term nonprofit organization means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (8) Puget Sound region The term Puget Sound region means the Vessel Traffic Service Puget Sound area described in section 161.55 of title 33, Code of Federal Regulations (as of the date of the enactment of this Act). (9) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of the enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (10) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. 312. Assistance to ports to reduce the impacts of vessel traffic and port operations on marine mammals (a) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary, the Secretary of Defense, and the Administrator of the Maritime Administration, shall establish a grant program to provide assistance to eligible entities to develop and implement mitigation measures that will lead to a quantifiable reduction in threats to marine mammals from shipping activities and port operations. (b) Eligible entities An entity is an eligible entity for purposes of assistance awarded under subsection (a) if the entity is— (1) a port authority for a port; (2) a State, regional, local, or Tribal government, or an Alaska Native or Native Hawaiian entity that has jurisdiction over a maritime port authority or a port; (3) an academic institution, research institution, or nonprofit organization working in partnership with a port; or (4) a consortium of entities described in paragraphs (1), (2), and (3). (c) Eligible uses Assistance awarded under subsection (a) may be used to develop, assess, and carry out activities that reduce threats to marine mammals by— (1) reducing underwater stressors related to marine traffic; (2) reducing mortality and serious injury from vessel strikes and other physical disturbances; (3) monitoring sound; (4) reducing vessel interactions with marine mammals; (5) conducting other types of monitoring that are consistent with reducing the threats to, and enhancing the habitats of, marine mammals; or (6) supporting State agencies and Tribal governments in developing the capacity to receive assistance under this section through education, training, information sharing, and collaboration to participate in the grant program under this section. (d) Priority The Under Secretary shall prioritize assistance under subsection (a) for projects that— (1) are based on the best available science with respect to methods to reduce threats to marine mammals; (2) collect data on the reduction of such threats and the effects of such methods; (3) assist ports that pose a higher relative threat to marine mammals listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (4) are in close proximity to areas in which threatened or endangered cetaceans are known to experience other stressors; or (5) allow eligible entities to conduct risk assessments and to track progress toward threat reduction. (e) Outreach The Under Secretary, in coordination with the Secretary, the Administrator of the Maritime Administration, and the Director of the United States Fish and Wildlife Service, as appropriate, shall conduct coordinated outreach to ports to provide information with respect to— (1) how to apply for assistance under subsection (a); (2) the benefits of such assistance; and (3) facilitation of best practices and lessons, including the best practices and lessons learned from activities carried out using such assistance. (f) Report required Not less frequently than annually, the Under Secretary shall make available to the public on a publicly accessible internet website of the National Oceanic and Atmospheric Administration a report that includes the following information: (1) The name and location of each entity to which assistance was awarded under subsection (a) during the year preceding submission of the report. (2) The amount of each such award. (3) A description of the activities carried out with each such award. (4) An estimate of the likely impact of such activities on the reduction of threats to marine mammals. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to the Under Secretary to carry out this section $10,000,000 for each of fiscal years 2023 through 2028. (2) Availability Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) shall remain available until expended. (h) Savings clause An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States. 313. Near real-time monitoring and mitigation program for large cetaceans (a) Establishment The Under Secretary for Commerce for Oceans and Atmosphere, in coordination with the heads of other relevant Federal agencies, shall design and deploy a cost-effective, efficient, and results-oriented near real-time monitoring and mitigation program for endangered or threatened cetaceans (referred to in this section as the Program ). (b) Purpose The purpose of the Program shall be to reduce the risk to large cetaceans posed by vessel collisions, and to minimize other impacts on large cetaceans, through the use of near real-time location monitoring and location information. (c) Requirements The Program shall— (1) prioritize species of large cetaceans for which impacts from vessel collisions are of particular concern; (2) prioritize areas where such impacts are of particular concern; (3) be capable of detecting and alerting ocean users and enforcement agencies of the probable location of large cetaceans on an actionable real-time basis, including through real-time data whenever possible; (4) inform sector-specific mitigation protocols to effectively reduce takes (as defined in section 216.3 of title 50, Code of Federal Regulations, or successor regulations) of large cetaceans; (5) integrate technology improvements; and (6) be informed by technologies, monitoring methods, and mitigation protocols developed under the pilot project required by subsection (d). (d) Pilot project (1) Establishment In carrying out the Program, the Under Secretary shall first establish a pilot monitoring and mitigation project for North Atlantic right whales (referred to in this section as the pilot project ) for the purposes of informing the Program. (2) Requirements In designing and deploying the pilot project, the Under Secretary, in coordination with the heads of other relevant Federal agencies, shall, using the best available scientific information, identify and ensure coverage of— (A) core foraging habitats; and (B) important feeding, breeding, calving, rearing, or migratory habitats of North Atlantic right whales that co-occur with areas of high risk of mortality or serious injury of such whales from vessels, vessel strikes, or disturbance. (3) Components Not later than 3 years after the date of the enactment of this Act, the Under Secretary, in consultation with relevant Federal agencies and Tribal governments, and with input from affected stakeholders, shall design and deploy a near real-time monitoring system for North Atlantic right whales that— (A) comprises the best available detection power, spatial coverage, and survey effort to detect and localize North Atlantic right whales within core foraging habitats; (B) is capable of detecting North Atlantic right whales, including visually and acoustically; (C) uses dynamic habitat suitability models to inform the likelihood of North Atlantic right whale occurrence in core foraging habitat at any given time; (D) coordinates with the Integrated Ocean Observing System of the National Oceanic and Atmospheric Administration and Regional Ocean Partnerships to leverage monitoring assets; (E) integrates historical data; (F) integrates new near real-time monitoring methods and technologies as such methods and technologies become available; (G) accurately verifies and rapidly communicates detection data to appropriate ocean users; (H) creates standards for contributing, and allows ocean users to contribute, data to the monitoring system using comparable near real-time monitoring methods and technologies; (I) communicates the risks of injury to large cetaceans to ocean users in a manner that is most likely to result in informed decision-making regarding the mitigation of those risks; and (J) minimizes additional stressors to large cetaceans as a result of the information available to ocean users. (4) Reports (A) Preliminary report (i) In general Not later than 2 years after the date of the enactment of this Act, the Under Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives, and make available to the public, a preliminary report on the pilot project. (ii) Elements The report required by clause (i) shall include the following: (I) A description of the monitoring methods and technology in use or planned for deployment under the pilot project. (II) An analysis of the efficacy of the methods and technology in use or planned for deployment for detecting North Atlantic right whales. (III) An assessment of the manner in which the monitoring system designed and deployed under paragraph (3) is directly informing and improving the management, health, and survival of North Atlantic right whales. (IV) A prioritized identification of technology or research gaps. (V) A plan to communicate the risks of injury to large cetaceans to ocean users in a manner that is most likely to result in informed decision making regarding the mitigation of such risks. (VI) Any other information on the potential benefits and efficacy of the pilot project the Under Secretary considers appropriate. (B) Final report (i) In general Not later than 6 years after the date of the enactment of this Act, the Under Secretary, in coordination with the heads of other relevant Federal agencies, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives, and make available to the public, a final report on the pilot project. (ii) Elements The report required by clause (i) shall— (I) address the elements under subparagraph (A)(ii); and (II) include— (aa) an assessment of the benefits and efficacy of the pilot project; (bb) a strategic plan to expand the pilot project to provide near real-time monitoring and mitigation measures— (AA) to additional large cetaceans of concern for which such measures would reduce risk of serious injury or death; and (BB) in important feeding, breeding, calving, rearing, or migratory habitats of large cetaceans that co-occur with areas of high risk of mortality or serious injury from vessel strikes or disturbance; (cc) a budget and description of funds necessary to carry out such strategic plan; (dd) a prioritized plan for acquisition, deployment, and maintenance of monitoring technologies; and (ee) the locations or species to which such plan would apply. (e) Mitigation protocols The Under Secretary, in consultation with the Secretary, the Secretary of Defense, the Secretary of Transportation, and the Secretary of the Interior, and with input from affected stakeholders, shall develop and deploy mitigation protocols that make use of the monitoring system designed and deployed under subsection (d)(3) to direct sector-specific mitigation measures that avoid and significantly reduce risk of serious injury and mortality to North Atlantic right whales. (f) Access to data The Under Secretary shall provide access to data generated by the monitoring system designed and deployed under subsection (d)(3) for purposes of scientific research and evaluation and public awareness and education, including through the Right Whale Sighting Advisory System of the National Oceanic and Atmospheric Administration and WhaleMap or other successor public internet website portals, subject to review for national security considerations. (g) Additional authority The Under Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this section on such terms as the Under Secretary considers appropriate, consistent with the Federal Acquisition Regulation. (h) Savings clause An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States. (i) Authorization of appropriations There is authorized to be appropriated to the Under Secretary to support development, deployment, application, and ongoing maintenance of the Program $5,000,000 for each of fiscal years 2023 through 2027. 314. Pilot program to establish a Cetacean Desk for Puget Sound region (a) Establishment (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary, with the concurrence of the Under Secretary, shall establish a pilot program to establish a Cetacean Desk, which shall be— (A) located and manned within the Puget Sound Vessel Traffic Service; and (B) designed— (i) to improve coordination with the maritime industry to reduce the risk of vessel impacts to large cetaceans, including impacts from vessel strikes, disturbances, and other sources; and (ii) to monitor the presence and location of large cetaceans during the months during which such large cetaceans are present in Puget Sound, the Strait of Juan de Fuca, and the United States portion of the Salish Sea. (2) Duration and staffing The pilot program required by paragraph (1)— (A) shall— (i) be for a duration of 4 years; and (ii) require not more than 1 full-time equivalent position, who shall also contribute to other necessary Puget Sound Vessel Traffic Service duties and responsibilities as needed; and (B) may be supported by other existing Federal employees, as appropriate. (b) Engagement with vessel operators (1) In general Under the pilot program required by subsection (a), the Secretary shall require personnel of the Cetacean Desk to engage with vessel operators in areas where large cetaceans have been seen or could reasonably be present to ensure compliance with applicable laws, regulations, and voluntary guidance, to reduce the impact of vessel traffic on large cetaceans. (2) Contents In engaging with vessel operators as required by paragraph (1), personnel of the Cetacean Desk shall communicate where and when sightings of large cetaceans have occurred. (c) Memorandum of understanding The Secretary and the Under Secretary may enter into a memorandum of understanding to facilitate real-time sharing of data relating to large cetaceans between the Quiet Sound program of the State of Washington, the National Oceanic and Atmospheric Administration, and the Puget Sound Vessel Traffic Service, and other relevant entities, as appropriate. (d) Data The Under Secretary shall leverage existing data collection methods, the pilot project required by section 313, and public data to ensure accurate and timely information on the sighting of large cetaceans. (e) Consultations (1) In general In carrying out the pilot program required by subsection (a), the Secretary shall consult with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations. (2) Coordination with Canada When appropriate, the Secretary shall coordinate with the Government of Canada, consistent with policies and agreements relating to management of vessel traffic in Puget Sound. (f) Puget Sound Vessel Traffic Service local variance and policy The Secretary, with the concurrence of the Under Secretary and in consultation with the Captain of the Port for the Puget Sound region— (1) shall implement local variances, as authorized by subsection (c) of section 70001 of title 46, United States Code, to reduce the impact of vessel traffic on large cetaceans; and (2) may enter into cooperative agreements, in accordance with subsection (d) of that section, with Federal, State, and local officials to reduce the likelihood of vessel interactions with protected large cetaceans, which may include— (A) communicating marine mammal protection guidance to vessels; (B) training on requirements imposed by local, State, Tribal, and Federal laws and regulations and guidelines concerning— (i) vessel buffer zones; (ii) vessel speed; (iii) seasonal no-go zones for vessels; (iv) protected areas, including areas designated as critical habitat, as applicable to marine operations; and (v) any other activities to reduce the direct and indirect impact of vessel traffic on large cetaceans; (C) training to understand, utilize, and communicate large cetacean location data; and (D) training to understand and communicate basic large cetacean detection, identification, and behavior, including— (i) cues of the presence of large cetaceans such as spouts, water disturbances, breaches, or presence of prey; (ii) important feeding, breeding, calving, and rearing habitats that co-occur with areas of high risk of vessel strikes; (iii) seasonal large cetacean migration routes that co-occur with areas of high risk of vessel strikes; and (iv) areas designated as critical habitat for large cetaceans. (g) Report required Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter for the duration of the pilot program under this section, the Commandant, in coordination with the Under Secretary and the Administrator of the Maritime Administration, shall submit to the appropriate congressional committees a report that— (1) evaluates the functionality, utility, reliability, responsiveness, and operational status of the Cetacean Desk established under the pilot program required by subsection (a), including a quantification of reductions in vessel strikes to large cetaceans as a result of the pilot program; (2) assesses the efficacy of communication between the Cetacean Desk and the maritime industry and provides recommendations for improvements; (3) evaluates the integration and interoperability of existing data collection methods, as well as public data, into the Cetacean Desk operations; (4) assesses the efficacy of collaboration and stakeholder engagement with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations; and (5) evaluates the progress, performance, and implementation of guidance and training procedures for Puget Sound Vessel Traffic Service personnel, as required by subsection (f). 315. Monitoring ocean soundscapes (a) In general The Under Secretary shall maintain and expand an ocean soundscape development program— (1) to award grants to expand the deployment of Federal and non-Federal observing and data management systems capable of collecting measurements of underwater sound for purposes of monitoring and analyzing baselines and trends in the underwater soundscape to protect and manage marine life; (2) to continue to develop and apply standardized forms of measurements to assess sounds produced by marine animals, physical processes, and anthropogenic activities; and (3) after coordinating with the Secretary of Defense, to coordinate and make accessible to the public the datasets, modeling and analysis, and user-driven products and tools resulting from observations of underwater sound funded through grants awarded under paragraph (1). (b) Coordination The program described in subsection (a) shall— (1) include the Ocean Noise Reference Station Network of the National Oceanic and Atmospheric Administration and the National Park Service; (2) use and coordinate with the Integrated Ocean Observing System; and (3) coordinate with the Regional Ocean Partnerships and the Director of the United States Fish and Wildlife Service, as appropriate. (c) Priority In awarding grants under subsection (a), the Under Secretary shall consider the geographic diversity of the recipients of such grants. (d) Savings clause An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States. (e) Authorization of appropriations There is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2028 to carry out this section. B Oil spills 321. Improving oil spill preparedness The Under Secretary of Commerce for Oceans and Atmosphere shall include in the Automated Data Inquiry for Oil Spills database (or a successor database) used by National Oceanic and Atmospheric Administration oil weathering models new data, including peer-reviewed data, on properties of crude and refined oils, including data on diluted bitumen, as such data becomes publicly available. 322. Western Alaska oil spill planning criteria (a) Alaska Oil Spill Planning Criteria Program (1) In general Chapter 3 of title 14, United States Code, is amended by adding at the end the following: 323. Western Alaska Oil Spill Planning Criteria Program (a) Establishment There is established within the Coast Guard a Western Alaska Oil Spill Planning Criteria Program (referred to in this section as the Program ) to develop and administer the Western Alaska oil spill planning criteria. (b) Program manager (1) In general Not later than 1 year after the date of the enactment of this section, the Commandant shall select a permanent civilian career employee through a competitive search process for a term not less than 5 years to serve as the Western Alaska Oil Spill Criteria Program Manager (referred to in this section as the Program Manager )— (A) the primary duty of whom shall be to administer the Program; and (B) who shall not be subject to frequent or routine reassignment. (2) Conflicts of interest The individual selected to serve as the Program Manager shall not have conflicts of interest relating to entities regulated by the Coast Guard. (3) Duties (A) Development of guidance The Program Manager shall develop guidance for— (i) approval, drills, and testing relating to the Western Alaska oil spill planning criteria; and (ii) gathering input concerning such planning criteria from Federal agencies, State, local, and Tribal governments, and relevant industry and nongovernmental entities. (B) Assessments Not less frequently than once every 5 years, the Program Manager shall— (i) assess whether such existing planning criteria adequately meet the needs of vessels operating in the geographic area; and (ii) identify methods for advancing response capability so as to achieve, with respect to a vessel, compliance with national planning criteria. (C) Onsite verifications The Program Manager shall address the relatively small number and limited nature of verifications of response capabilities for vessel response plans by increasing, within the Seventeenth Coast Guard District, the quantity and frequency of onsite verifications of the providers identified in vessel response plans. (c) Training The Commandant shall enhance the knowledge and proficiency of Coast Guard personnel with respect to the Program by— (1) developing formalized training on the Program that, at a minimum— (A) provides in-depth analysis of— (i) the national planning criteria described in part 155 of title 33, Code of Federal Regulations (or successor regulations); (ii) alternative planning criteria; (iii) Western Alaska oil spill planning criteria; (iv) Captain of the Port and Federal On-Scene Coordinator authorities related to activation of a vessel response plan; (v) the responsibilities of vessel owners and operators in preparing a vessel response plan for submission; and (vi) responsibilities of the Area Committee, including risk analysis, response capability, and development of alternative planning criteria; (B) explains the approval processes of vessel response plans that involve alternative planning criteria or Western Alaska oil spill planning criteria; and (C) provides instruction on the processes involved in carrying out the actions described in paragraphs (9)(D) and (9)(F) of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ), including instruction on carrying out such actions— (i) in any geographic area in the United States; and (ii) specifically in the Seventeenth Coast Guard District; and (2) providing such training to all Coast Guard personnel involved in the Program. (d) Definitions In this section: (1) Alternative planning criteria The term alternative planning criteria means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (or successor regulations), for vessel response plans. (2) Tribal The term Tribal means of or pertaining to an Indian Tribe or a Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). (3) Vessel response plan The term vessel response plan means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under section 311(j)(5) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(5) ). (4) Western Alaska oil spill planning criteria The term Western Alaska oil spill planning criteria means the criteria required under paragraph (9) of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ). . (2) Clerical amendment The analysis for chapter 3 of title 14, United States Code, is amended by adding at the end the following: 323. Western Alaska Oil Spill Planning Criteria Program. . (b) Western Alaska oil spill planning criteria (1) Amendment Section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ) is amended by adding at the end the following: (9) Alternative planning criteria program (A) Definitions In this paragraph: (i) Alternative planning criteria The term alternative planning criteria means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (or successor regulations), for vessel response plans. (ii) Prince William Sound Captain of the Port Zone The term Prince William Sound Captain of the Port Zone means the area described in section 3.85–15(b) of title 33, Code of Federal Regulations (or successor regulations). (iii) Secretary The term Secretary means the Secretary of the Department in which the Coast Guard is operating. (iv) Tribal The term Tribal means of or pertaining to an Indian Tribe or a Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). (v) Vessel response plan The term vessel response plan means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under paragraph (5). (vi) Western Alaska Captain of the Port Zone The term Western Alaska Captain of the Port Zone means the area described in section 3.85–15(a) of title 33, Code of Federal Regulations (as in effect on the date of enactment of this paragraph). (B) Requirement Except as provided in subparagraph (I), for any part of the area of responsibility of the Western Alaska Captain of the Port Zone or the Prince William Sound Captain of the Port Zone in which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in that area, a response plan required under paragraph (5) with respect to a discharge of oil for such a vessel shall comply with the planning criteria established under subparagraph (D)(i). (C) Relation to national planning criteria The planning criteria established under subparagraph (D)(i) shall, with respect to a discharge of oil from a vessel described in subparagraph (B), apply in lieu of any alternative planning criteria accepted for vessels operating in that area prior to the date on which the planning criteria under subparagraph (D)(i) are established. (D) Establishment of planning criteria The President, acting through the Commandant in consultation with the Western Alaska Oil Spill Criteria Program Manager established under section 323 of title 14, United States Code, shall establish— (i) Alaska oil spill planning criteria for a worst case discharge of oil, and a substantial threat of such a discharge, within any part of the area of responsibility of the Western Alaska Captain of the Port Zone or Prince William Sound Captain of the Port Zone in which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in that area; and (ii) standardized submission, review, approval, and compliance verification processes for the planning criteria established under clause (i), including the quantity and frequency of drills and on-site verifications of vessel response plans accepted pursuant to those planning criteria. (E) Inclusions (i) In general The Western Alaska oil spill planning criteria established under subparagraph (D)(i) shall include planning criteria for the following: (I) Mechanical oil spill response resources that are required to be located within that area. (II) Response times for mobilization of oil spill response resources and arrival on the scene of a worst case discharge of oil, or substantial threat of such a discharge, occurring within that area. (III) Pre-identified vessels for oil spill response that are capable of operating in the ocean environment. (IV) Ensuring the availability of at least 1 oil spill removal organization that is classified by the Coast Guard and that— (aa) is capable of responding in all operating environments in that area; (bb) controls oil spill response resources of dedicated and nondedicated resources within that area, through ownership, contracts, agreements, or other means approved by the President, sufficient— (AA) to mobilize and sustain a response to a worst case discharge of oil; and (BB) to contain, recover, and temporarily store discharged oil; (cc) has pre-positioned oil spill response resources in strategic locations throughout that area in a manner that ensures the ability to support response personnel, marine operations, air cargo, or other related logistics infrastructure; (dd) has temporary storage capability using both dedicated and non-dedicated assets located within that area; (ee) has non-mechanical oil spill response resources, to be available under contracts, agreements, or other means approved by the President, capable of responding to a discharge of persistent oil and a discharge of nonpersistent oil, whether the discharged oil was carried by a vessel as fuel or cargo; and (ff) considers availability of wildlife response resources for primary, secondary, and tertiary responses to support carcass collection, sampling, deterrence, rescue, and rehabilitation of birds, sea turtles, marine mammals, fishery resources, and other wildlife. (V) With respect to tank barges carrying nonpersistent oil in bulk as cargo, oil spill response resources that are required to be carried on board. (VI) Specifying a minimum length of time that approval of a response plan under this paragraph is valid. (VII) Managing wildlife protection and rehabilitation, including identified wildlife protection and rehabilitation resources in that area. (ii) Additional considerations The Commandant may consider criteria regarding— (I) vessel routing measures consistent with international routing measure deviation protocols; and (II) maintenance of real-time continuous vessel tracking, monitoring, and engagement protocols with the ability to detect and address vessel operation anomalies. (F) Requirement for approval The President may approve a response plan for a vessel under this paragraph only if the owner or operator of the vessel demonstrates the availability of the oil spill response resources required to be included in the response plan under the planning criteria established under subparagraph (D)(i). (G) Periodic audits The Secretary shall conduct periodic audits to ensure compliance of vessel response plans and oil spill removal organizations within the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone with the planning criteria under subparagraph (D)(i). (H) Review of determination Not less frequently than once every 5 years, the Secretary shall review each determination of the Secretary under subparagraph (B) that the national planning criteria are inappropriate for a vessel operating in the area of responsibility of the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone. (I) Savings provisions Nothing in this paragraph affects— (i) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Western Alaska Captain of the Port Zone; (ii) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Prince William Sound Captain of the Port Zone under section 5005 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2735 ); or (iii) the authority of a Federal On-Scene Coordinator to use any available resources when responding to an oil spill. . (2) Establishment of Alaska oil spill planning criteria (A) Deadline Not later than 2 years after the date of the enactment of this Act, the President shall establish the planning criteria required to be established under paragraph (9)(D)(i) of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ). (B) Consultation In establishing the planning criteria described in subparagraph (B), the President shall consult with the Federal, State, local, and Tribal agencies, and the owners and operators, that would be subject to those planning criteria, oil spill removal organizations, Alaska Native organizations, and environmental nongovernmental organizations located within the State of Alaska. (C) Government-to-government consultation The Secretary shall conduct government-to-government consultation with federally recognized Indian Tribes, as requested and appropriate for activities authorized by this section. (D) Congressional report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report describing the status of implementation of paragraph (9) of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ). 323. Accident and incident notification relating to pipelines (a) Repeal Subsection (c) of section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 ( 49 U.S.C. 60117 note; Public Law 112–90 ) is repealed. (b) Application Section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 ( 49 U.S.C. 60117 note; Public Law 112–90 ) shall be applied and administered as if the subsection repealed by subsection (a) had never been enacted. 324. Coast Guard claims processing costs Section 1012(a)(4) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(4) ) is amended by striking damages; and inserting damages, including, in the case of a spill of national significance that results in extraordinary Coast Guard claims processing activities, the administrative and personnel costs of the Coast Guard to process those claims (including the costs of commercial claims processing, expert services, training, and technical services), subject to the condition that the Coast Guard shall submit to Congress a report describing the spill of national significance not later than 30 days after the date on which the Coast Guard determines it necessary to process those claims; . 325. Calculation of interest on debt owed to the national pollution fund Section 1005(b)(4) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2705(b)(4) ) is amended— (1) by striking The interest paid and inserting the following: (A) In general The interest paid for claims, other than Federal Government cost recovery claims, ; and (2) by adding at the end the following: (B) Federal cost recovery claims The interest paid for Federal Government cost recovery claims under this section shall be calculated in accordance with section 3717 of title 31, United States Code. . 326. Per-incident limitation Subparagraph (A) of section 9509(c)(2) of the Internal Revenue Code of 1986 is amended— (1) in clause (i), by striking $1,000,000,000 and inserting $1,500,000,000 ; (2) in clause (ii), by striking $500,000,000 and inserting $750,000,000 ; and (3) in the heading, by striking $1,000,000,000 and inserting $1,500,000,000 . 327. Access to the Oil Spill Liability Trust Fund Section 6002 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2752 ) is amended by striking subsection (b) and inserting the following: (b) Exceptions (1) In general Subsection (a) shall not apply to— (A) section 1006(f), 1012(a)(4), or 5006; or (B) an amount, which may not exceed $50,000,000 in any fiscal year, made available by the President from the Fund— (i) to carry out section 311(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(c) ); and (ii) to initiate the assessment of natural resources damages required under section 1006. (2) Fund advances (A) In general To the extent that the amount described in subparagraph (B) of paragraph (1) is not adequate to carry out the activities described in that subparagraph, the Coast Guard may obtain 1 or more advances from the Fund as may be necessary, up to a maximum of $100,000,000 for each advance, with the total amount of advances not to exceed the amounts available under section 9509(c)(2) of the Internal Revenue Code of 1986. (B) Notification to Congress Not later than 30 days after the date on which the Coast Guard obtains an advance under subparagraph (A), the Coast Guard shall notify Congress of— (i) the amount advanced; and (ii) the facts and circumstances that necessitated the advance. (C) Repayment Amounts advanced under this paragraph shall be repaid to the Fund when, and to the extent that, removal costs are recovered by the Coast Guard from responsible parties for the discharge or substantial threat of discharge. (3) Availability Amounts to which this subsection applies shall remain available until expended. . 328. Cost-reimbursable agreements Section 1012 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712 ) is amended— (1) in subsection (a)(1)(B), by striking by a Governor or designated State official and inserting by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement ; (2) by striking subsections (d) and (e) and inserting the following: (d) Cost-Reimbursable agreement (1) In general In carrying out section 311(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(c) ), the President may enter into cost-reimbursable agreements with a State, a political subdivision of a State, or an Indian tribe to obligate the Fund for the payment of removal costs consistent with the National Contingency Plan. (2) Inapplicability Neither section 1535 of title 31, United States Code, nor chapter 63 of that title shall apply to a cost-reimbursable agreement entered into under this subsection. ; and (3) by redesignating subsections (f), (h), (i), (j), (k), and (l) as subsections (e), (f), (g), (h), (i), and (j), respectively. 329. Oil spill response review (a) In general Subject to the availability of appropriations, the Commandant shall develop and carry out a program— (1) to increase collection and improve the quality of incident data on oil spill location and response capability by periodically evaluating the data, documentation, and analysis of— (A) Coast Guard-approved vessel response plans, including vessel response plan audits and assessments; (B) oil spill response drills conducted under section 311(j)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(7) ) that occur within the Marine Transportation System; and (C) responses to oil spill incidents that require mobilization of contracted response resources; (2) to update, not less frequently than annually, information contained in the Coast Guard Response Resource Inventory and other Coast Guard tools used to document the availability and status of oil spill response equipment, so as to ensure that such information remains current; and (3) subject to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), to make data collected under paragraph (1) available to the public. (b) Policy Not later than 1 year after the date of the enactment of this Act, the Commandant shall issue a policy— (1) to establish processes to maintain the program under subsection (a) and support Coast Guard oil spill prevention and response activities, including by incorporating oil spill incident data from after-action oil spill reports and data ascertained from vessel response plan exercises and audits into— (A) review and approval process standards and metrics; (B) Alternative Planning Criteria (APC) review processes; (C) Area Contingency Plan (ACP) development; and (D) risk assessments developed under section 70001 of title 46, United States Code, including lessons learned from reportable marine casualties; (2) to standardize and develop tools, training, and other relevant guidance that may be shared with vessel owners and operators to assist with accurately calculating and measuring the performance and viability of proposed alternatives to national planning criteria requirements and Area Contingency Plans under the jurisdiction of the Coast Guard; (3) to improve training of Coast Guard personnel to ensure continuity of planning activities under this section, including by identifying ways in which civilian staffing may improve the continuity of operations; and (4) to increase Federal Government engagement with State, local, and Tribal governments and stakeholders so as to strengthen coordination and efficiency of oil spill responses. (c) Periodic updates Not less frequently than every 5 years, the Commandant shall update the processes established under subsection (b)(1) to incorporate relevant analyses of— (1) incident data on oil spill location and response quality; (2) oil spill risk assessments; (3) oil spill response effectiveness and the affects of such response on the environment; (4) oil spill response drills conducted under section 311(j)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(7) ); (5) marine casualties reported to the Coast Guard; and (6) near miss incidents documented by a Vessel Traffic Service Center (as such terms are defined in sections 70001(m) of title 46, United States Code). (d) Report (1) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of ongoing and planned efforts to improve the effectiveness and oversight of the vessel response program. (2) Public availability The Commandant shall publish the report required by subparagraph (A) on a publicly accessible internet website of the Coast Guard. 330. Review and report on limited indemnity provisions in standby oil spill response contracts (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to 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 effects of removing limited indemnity provisions from Coast Guard oil spill response contracts entered into by the President (or a delegate) under section 311(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(c) ). (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the adequacy of contracts described in that subsection in meeting the needs of the United States to carry out oil spill clean-ups under the National Contingency Plan (as defined in section 311(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(a) )) during the period beginning in 1990 and ending in 2014 with respect to those contracts that included limited indemnity provisions for oil spill response organizations. (2) A review of the costs incurred by the Coast Guard, the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986, and the Federal Government to cover the indemnity provisions provided to oil spill response organizations during the period described in paragraph (1). (3) An assessment of the adequacy of contracts described in that subsection in meeting the needs of the United States to carry out oil spill clean-ups under the National Contingency Plan (as so defined) after limited indemnity provisions for oil spill response organizations were removed from those contracts in 2014. (4) An assessment of the impact that the removal of limited indemnity provisions described in paragraph (3) has had on the ability of oil spill response organizations to enter into contracts described in that subsection. (5) An assessment of the ability of the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986, to cover limited indemnity provided to a contractor for liabilities and expenses incidental to the containment or removal of oil arising out of the performance of a contract that is substantially identical to the terms contained in subsections (d)(2) through (h) of section H.4 of the contract offered by the Coast Guard in the solicitation numbered DTCG89–98–A–68F953 and dated November 17, 1998. 331. Additional exceptions to regulations for towing vessels (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall review existing Coast Guard policies with respect to exceptions to the applicability of subchapter M of chapter I of title 46, Code of Federal Regulations (or successor regulations), for— (1) an oil spill response vessel, or a vessel of opportunity, while such vessel is— (A) towing boom for oil spill response; or (B) participating in an oil response exercise; and (2) a fishing vessel while that vessel is operating as a vessel of opportunity. (b) Policy Not later than 180 days after the conclusion of the review required by subsection (a), the Secretary shall revise or issue any necessary policy to clarify the applicability of subchapter M of chapter I of title 46, Code of Federal Regulations (or successor regulations) to the vessels described in subsection (a). Such a policy shall ensure safe and effective operation of such vessels. (c) Definitions In this section: (1) Fishing vessel; oil spill response vessel The terms fishing vessel and oil spill response vessel have the meanings given such terms in section 2101 of title 46, United States Code. (2) Vessel of opportunity The term vessel of opportunity means a vessel engaged in spill response activities that is normally and substantially involved in activities other than spill response and not a vessel carrying oil as a primary cargo. C Environmental compliance 341. Review of anchorage regulations (a) Regulatory review Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a review of existing anchorage regulations or other rules and identify regulations or rules that may need modification in the interest of marine safety, security, and environmental concerns, taking into account undersea pipelines, cables, or other infrastructure. (b) Briefing Upon completion of the review under paragraph (1), but not later than 2 years after the date of enactment of this Act, the Secretary shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the review. 342. Study on impacts on shipping and commercial, Tribal, and recreational fisheries from the development of renewable energy on the West Coast (a) Definitions In this section: (1) Covered waters The term covered waters means Federal or State waters off of the Canadian border and out to the furthest extent of the exclusive economic zone. (2) Exclusive economic zone The term exclusive economic zone has the meaning given that term in section 107 of title 46, United States Code. (b) Study Not later than 180 days after the date of enactment of this Act, the Secretary, the Secretary of the Interior, and the Under Secretary of Commerce for Oceans and Atmosphere, shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall carry out a study to— (1) identify, document, and analyze— (A) historic and current, as of the date of the study, Tribal, commercial, and recreational fishing grounds, as well as areas where fish stocks are likely to shift in the future in all covered waters; (B) usual and accustomed fishing areas in all covered waters; (C) historic, current, and potential future shipping lanes, based on projected growth in shipping traffic in all covered waters; and (D) key data needed to properly site renewable energy sites on the West Coast; (2) analyze— (A) methods used to manage fishing, shipping, and other maritime activities; and (B) how those activities could be impacted by the placement of renewable energy infrastructure and the associated construction, maintenance, and operation such infrastructure; and (3) provide recommendations on appropriate areas for renewable energy sites and outline a comprehensive approach to include all impacted coastal communities, particularly Tribal governments and fisheries communities, in the decision-making process. (c) Submission Not later than 1 year after commencing the study under subsection (b), the Secretary shall— (1) submit the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, including all recommendations provided under subsection (b)(3); and (2) make the study publicly available. D Environmental issues 351. Modifications to the Sport Fish Restoration and Boating Trust Fund administration (a) Dingell-Johnson Sport Fish Restoration Act amendments (1) Available amounts Section 4(b)(1)(B)(i) of the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777c(b)(1)(B)(i) ) is amended by striking subclause (I) and inserting the following: (I) the product obtained by multiplying— (aa) $12,786,434; and (bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor; and . (2) Authorized expenses Section 9(a) of the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777h(a) ) is amended— (A) in paragraph (7), by striking full-time ; and (B) in paragraph (9), by striking on a full-time basis . (b) Pittman-Robertson Wildlife Restoration Act amendments (1) Available amounts Section 4(a)(1)(B)(i) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669c(a)(1)(B)(i) ) is amended by striking subclause (I) and inserting the following: (I) the product obtained by multiplying— (aa) $12,786,434; and (bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor; and . (2) Authorized expenses Section 9(a) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h(a) ) is amended— (A) in paragraph (7), by striking full-time ; and (B) in paragraph (9), by striking on a full-time basis . 352. Improvements to Coast Guard communication with North Pacific maritime and fishing industry (a) Rescue 21 system in Alaska (1) Upgrades The Commandant shall ensure the timely upgrade of the Rescue 21 system in Alaska so as to achieve, not later than August 30, 2023, 98 percent operational availability of remote fixed facility sites. (2) Plan to reduce outages (A) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall develop an operations and maintenance plan for the Rescue 21 system in Alaska that anticipates maintenance needs so as to reduce Rescue 21 system outages to the maximum extent practicable. (B) Public availability The plan required by subparagraph (A) shall be made available to the public on a publicly accessible internet website. (3) Report required Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (A) contains a plan for the Coast Guard to notify mariners of radio outages for towers owned and operated by the Seventeenth Coast Guard District; (B) addresses in such plan how the Seventeenth Coast Guard will— (i) disseminate updates regarding outages on social media not less frequently than every 48 hours; (ii) provide updates on a publicly accessible website not less frequently than every 48 hours; (iii) develop methods for notifying mariners in areas in which cellular connectivity does not exist; and (iv) develop and advertise a web-based communications update hub on AM/FM radio for mariners; and (C) identifies technology gaps necessary to implement the plan and provides a budgetary assessment necessary to implement the plan. (4) Contingency plan (A) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall, in collaboration with relevant Federal and State entities (including the North Pacific Fishery Management Council, the National Oceanic and Atmospheric Administration Weather Service, the National Oceanic and Atmospheric Administration Fisheries Service, agencies of the State of Alaska, local radio stations, and stakeholders), establish a contingency plan to ensure that notifications of an outage of the Rescue 21 system in Alaska are broadly disseminated in advance of such outage. (B) Elements The plan required by subparagraph (A) shall require Coast Guard— (i) to disseminate updates regarding outages on social media not less frequently than every 48 hours during an outage; (ii) to provide updates on a publicly accessible website not less frequently than every 48 hours during an outage; (iii) to notify mariners in areas in which cellular connectivity does not exist; (iv) to develop and advertise a web-based communications update hub on AM/FM radio for mariners; and (v) to identify technology gaps necessary to implement the plan and provides a budgetary assessment necessary to implement the plan. (b) Improvements to communication with the fishing industry and related stakeholders (1) In general The Commandant, in coordination with the National Commercial Fishing Safety Advisory Committee established by section 15102 of title 46, United States Code, shall develop a publicly accessible internet website that contains all information related to fishing industry activities, including vessel safety, inspections, enforcement, hazards, training, regulations (including proposed regulations), Rescue 21 system outages and similar outages, and any other fishing-related activities. (2) Automatic communications The Commandant shall provide methods for regular and automatic email communications with stakeholders who elect, through the internet website developed under paragraph (1), to receive such communications. (c) Advance notification of military or other exercises In consultation with the Secretary of Defense, the Secretary of State, and commercial fishing industry participants, the Commandant shall develop and publish on a publicly available internet website a plan for notifying United States mariners and the operators of United States fishing vessels in advance of— (1) military exercises in the exclusive economic zone of the United States (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 )); or (2) other military activities that will impact recreational or commercial activities. 353. Fishing safety training grants program Section 4502(i)(4) of title 46, United States Code, is amended by striking 2018 through 2021 and inserting 2023 through 2025 . 354. Load lines (a) Definition of covered fishing vessel In this section, the term covered fishing vessel means a vessel that operates exclusively in one, or both, of the Thirteenth and Seventeenth Coast Guard Districts and that— (1) was constructed, under construction, or under contract to be constructed as a fish tender vessel before January 1, 1980; (2) was converted for use as a fish tender vessel before January 1, 2022, and— (A) the vessel has a current stability letter issued in accordance with regulations prescribed under chapter 51 of title 46, United States Code; and (B) the hull and internal structure of the vessel has been verified as suitable for intended service as examined by a marine surveyor of an organization accepted by the Secretary 2 times in the 5 years preceding the date of the determination under this subsection, with no interval of more than 3 years between such examinations; or (3) operates part-time as a fish tender vessel for a period of less than 180 days. (b) Application to certain vessels During the period beginning on the date of enactment of this Act and ending on the date that is 3 years after the date on which the report required under subsection (c) is submitted, the load line requirements of chapter 51 of title 46, United States Code, shall not apply to covered fishing vessels. (c) GAO report (1) In general Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (A) a report on the safety and seaworthiness of vessels referenced in section 5102(b)(5) of title 46, United States Code; and (B) recommendations for exempting certain vessels from the load line requirements under chapter 51 of title 46 of such Code. (2) Elements The report required under paragraph (1) shall include the following: (A) An assessment of stability requirements of vessels referenced in section 5102(b)(5) of title 46, United States Code. (B) An analysis of vessel casualties, mishaps, or other safety information relevant to load line requirements when a vessel is operating part-time as a fish tender vessel. (C) An assessment of any other safety information as the Comptroller General determines appropriate. (D) A list of all vessels that, as of the date of the report— (i) are covered under section 5102(b)(5) of title 46, United States Code; (ii) are acting as part-time fish tender vessels; and (iii) are subject to any captain of the port zone subject to the oversight of the Commandant. (3) Consultation In preparing the report required under paragraph (1), the Comptroller General shall consider consultation with, at a minimum, the maritime industry, including— (A) relevant Federal, State, and tribal maritime associations and groups; and (B) relevant federally funded research institutions, nongovernmental organizations, and academia. (d) Applicability Nothing in this section shall limit any authority available, as of the date of enactment of this Act, to the captain of a port with respect to safety measures or any other authority as necessary for the safety of covered fishing vessels. E Illegal fishing and forced labor prevention 361. Definitions In this subtitle: (1) Forced labor The term forced labor means any labor or service provided for or obtained by any means described in section 1589(a) of title 18, United States Code. (2) Human trafficking The term human trafficking has the meaning given the term severe forms of trafficking in persons in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (3) Illegal, unreported, or unregulated fishing The term illegal, unreported, or unregulated fishing has the meaning given such term in the implementing regulations or any subsequent regulations issued pursuant to section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(e) ). (4) Oppressive child labor The term oppressive child labor has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (5) Seafood The term seafood means all marine animal and plant life meant for consumption as food other than marine mammals and birds, including fish, shellfish, shellfish products, and processed fish. (6) Seafood Import Monitoring Program The term Seafood Import Monitoring Program means the Seafood Traceability Program established in subpart Q of part 300 of title 50, Code of Federal Regulations (or any successor regulation). (7) Secretary The term Secretary means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. 1 Combating Human Trafficking Through Seafood Import Monitoring 362. Enhancement of Seafood Import Monitoring Program Automated Commercial Environment Message Set The Secretary, in coordination with the Commissioner of U.S. Customs and Border Protection, shall, not later than 6 months after the date of enactment of this Act, develop a strategy to improve the quality and verifiability of already collected Seafood Import Monitoring Program Message Set data elements in the Automated Commercial Environment system. Such strategy shall prioritize the use of enumerated data types, such as checkboxes, dropdown menus, or radio buttons, and any additional elements the Administrator of the National Oceanic and Atmospheric Administration finds appropriate. 363. Data sharing and aggregation (a) Interagency Working Group on Illegal, Unreported, or Unregulated Fishing Section 3551(c) of the Maritime SAFE Act ( 16 U.S.C. 8031(c) ) is amended— (1) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively; and (2) by inserting after paragraph (3) the following: (4) maximizing the utility of the import data collected by the members of the Working Group by harmonizing data standards and entry fields; . (b) Prohibition on aggregated catch data for certain species Beginning not later than 1 year after the date of enactment of this Act, for the purposes of compliance with respect to Northern red snapper under the Seafood Import Monitoring Program, the Secretary may not allow an aggregated harvest report of such species, regardless of vessel size. 364. Import audits (a) Audit procedures The Secretary shall, not later than 1 year after the date of enactment of this Act, implement procedures to audit information and supporting records of sufficient numbers of imports of seafood and seafood products subject to the Seafood Import Monitoring Program to support statistically robust conclusions that the samples audited are representative of all seafood imports with respect to a given year. (b) Expansion of marine forensics laboratory The Secretary shall, not later than 1 year after the date of enactment of this Act, begin the process of expanding the National Oceanic and Atmospheric Administration's Marine Forensics Laboratory, including by establishing sufficient capacity for the development and deployment of rapid, and follow-up, analysis of field-based tests focused on identifying Seafood Import Monitoring Program species, and prioritizing such species at high risk of illegal, unreported, or unregulated fishing and seafood fraud. (c) Annual revision In developing the procedures required in subsection (a), the Secretary shall use predictive analytics to inform whether to revise such procedures to prioritize for audit those imports originating from nations— (1) identified pursuant to section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(a) or 1826k(a)) that have not yet received a subsequent positive certification pursuant to section 609(d) or 610(c) of such Act, respectively; (2) identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other nations or regional fisheries management organizations as engaging in illegal, unreported, or unregulated fishing; (3) identified as having human trafficking or forced labor in any part of the seafood supply chain, including on vessels flagged in such nation, and including feed for cultured production, in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7101 et seq. ); (4) identified as producing goods that contain seafood using forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act ( 22 U.S.C. 7101 et seq. ); and (5) identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries by the report required under section 3563 of the Maritime SAFE Act ( Public Law 116–92 ). 365. Availability of fisheries information Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881a(b)(1) ) is amended— (1) in subparagraph (G), by striking or after the semicolon; (2) in subparagraph (H), by striking the period and inserting ; or ; and (3) by adding at the end the following: (I) to Federal agencies, to the extent necessary and appropriate, to administer Federal programs established to combat illegal, unreported, or unregulated fishing (as defined in section 361 of the Coast Guard Authorization Act of 2022 ) or forced labor (as defined in section 361 of the Coast Guard Authorization Act of 2022 ). . 366. Authority to hold fish products Section 311(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861(b)(1) ) is amended— (1) in subparagraph (B), by striking and after the semicolon; (2) in subparagraph (C), by striking the period and inserting ; and ; and (3) by adding at the end the following a new subparagraph: (D) detain, for a period of not more than 14 days, any shipment of fish or fish product imported into, landed on, introduced into, exported from, or transported within the jurisdiction of the United States, or, if such fish or fish product is determined to be perishable, sell and retain the proceeds therefrom for a period of not more than 21 days. . 367. Report on Seafood Import Monitoring Program (a) Report to Congress and public availability of reports The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report that summarizes the National Marine Fisheries Service’s efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the website of the National Oceanic and Atmospheric Administration. (b) Contents Each report submitted under subsection (a) shall include— (1) the volume and value of seafood species subject to the Seafood Import Monitoring Program, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year; (2) the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program; (3) the percentage of import shipments subject to the Seafood Import Monitoring Program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations; (4) the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program; (5) the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program; (6) the seafood species with respect to which violations described in paragraphs (4) and (5) were most prevalent; (7) the location of catch or harvest with respect to which violations described in paragraphs (4) and (5) were most prevalent; (8) the additional tools, such as high performance computing and associated costs, that the Secretary needs to improve the efficacy of the Seafood Import Monitoring Program; and (9) such other information as the Secretary considers appropriate with respect to monitoring and enforcing compliance with the Seafood Import Monitoring Program. 368. Authorization of appropriations There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection to carry out enforcement actions pursuant to section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ) $20,000,000 for each of fiscal years 2023 through 2027. 2 Strengthening international fisheries management to combat human trafficking 370. Denial of port privileges Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement Act ( 16 U.S.C. 1826a(a)(2) ) is amended to read as follows: (2) Denial of port privileges The Secretary of Homeland Security shall, in accordance with international law— (A) withhold or revoke the clearance required by section 60105 of title 46, United States Code, for any large-scale driftnet fishing vessel of a nation that receives a negative certification under section 609(d) or 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(d) or 1826k(c)), or fishing vessels of a nation that has been listed pursuant to section 609(b) or section 610(a) of such Act ( 16 U.S.C. 1826j(b) or 1826k(a)) in 2 or more consecutive reports for the same type of fisheries activity, as described under section 607 of such Act ( 16 U.S.C. 1826h ), until a positive certification has been received; (B) withhold or revoke the clearance required by section 60105 of title 46, United States Code, for fishing vessels of a nation that has been listed pursuant to section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(a) or 1826k(a)) in 2 or more consecutive reports as described under section 607 of such Act ( 16 U.S.C. 1826h ); and (C) deny entry of that vessel to any place in the United States and to the navigable waters of the United States, except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action. . 371. Identification and certification criteria (a) Denial of port privileges Section 609(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(a) ) is amended— (1) by striking paragraph (2) and inserting the following: (2) For actions of a nation The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated fishing. In determining which nations to list in such report, the Secretary shall consider the following: (A) Any nation that is violating, or has violated at any point during the 3 years preceding the date of the determination, conservation and management measures, including catch and other data reporting obligations and requirements, required under an international fishery management agreement to which the United States is a party. (B) Any nation that is failing, or has failed in the 3-year period preceding the date of the determination, to effectively address or regulate illegal, unreported, or unregulated fishing within its fleets in any areas where its vessels are fishing. (C) Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag, port, or coastal state to take action to prevent, deter, and eliminate illegal, unreported, or unregulated fishing. (D) Any nation that has been identified as producing for export to the United States seafood-related goods through forced labor or oppressive child labor (as those terms are defined in section 361 of the Coast Guard Authorization Act of 2022 ) in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7101 et seq. ). ; and (2) by adding at the end the following: (4) Timing The Secretary shall make an identification under paragraph (1) or (2) at any time that the Secretary has sufficient information to make such identification. . (b) Illegal, unreported, or unregulated certification determination Section 609 of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j ) is amended— (1) in subsection (d), by striking paragraph (3) and inserting the following: (3) Effect of certification determination (A) Effect of negative certification The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of section 101 of the High Seas Driftnet Fisheries Enforcement Act ( 16 U.S.C. 1826a(a) and (b)(3) and (4)) shall apply to any nation that, after being identified and notified under subsection (b) has failed to take the appropriate corrective actions for which the Secretary has issued a negative certification under this subsection. (B) Effect of positive certification The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of section 101 of the High Seas Driftnet Fisheries Enforcement Act ( 16 U.S.C. 1826a(a) and (b)(3) and (4)) shall not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection. ; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting after subsection (d) the following: (e) Recordkeeping requirements The Secretary shall ensure that seafood or seafood products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program described in part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulation). . 372. Equivalent conservation measures (a) Identification Section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(a) ) is amended to read as follows: (a) Identification (1) In general The Secretary shall identify and list in the report under section 607— (A) a nation if— (i) any fishing vessel of that nation is engaged, or has been engaged during the 3 years preceding the date of the determination, in fishing activities or practices on the high seas or within the exclusive economic zone of any nation, that have resulted in bycatch of a protected living marine resource; and (ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable in effectiveness to the regulatory program of the United States, taking into account differing conditions; and (B) a nation if— (i) any fishing vessel of that nation is engaged, or has engaged during the 3 years preceding the date of the determination, in fishing activities on the high seas or within the exclusive economic zone of another nation that target or incidentally catch sharks; and (ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port, that is comparable to that of the United States. (2) Timing The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification. . (b) Consultation and negotiation Section 610(b) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(b) ) is amended to read as follows: (b) Consultation and negotiation The Secretary of State, acting in conjunction with the Secretary, shall— (1) notify, as soon as practicable, the President and nations that are engaged in, or that have any fishing vessels engaged in, fishing activities or practices described in subsection (a), about the provisions of this Act; (2) initiate discussions as soon as practicable with all foreign nations that are engaged in, or a fishing vessel of which has engaged in, fishing activities described in subsection (a), for the purpose of entering into bilateral and multilateral treaties with such nations to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act; (3) seek agreements calling for international restrictions on fishing activities or practices described in subsection (a) through the United Nations, the Committee on Fisheries of the Food and Agriculture Organization of the United Nations, and appropriate international fishery management bodies; and (4) initiate the amendment of any existing international treaty for the protection and conservation of such species to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section. . (c) Conservation certification procedure Section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(c) ) is amended— (1) in paragraph (2), by inserting the public and after comment by ; (2) in paragraph (4)— (A) in subparagraph (A), by striking and after the semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) ensure that any such fish or fish products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program established in subpart Q of part 300 of title 50, Code of Federal Regulations (or any successor regulation). ; and (3) in paragraph (5), by striking (except to the extent that such provisions apply to sport fishing equipment or fish or fish products not caught by the vessels engaged in illegal, unreported, or unregulated fishing) . (d) Definition of protected living marine resource Section 610(e) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(e) ) is amended by striking paragraph (1) and inserting the following: (1) except as provided in paragraph (2), means nontarget fish, sea turtles, or marine mammals that are protected under United States law or international agreement, including— (A) the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (C) the Shark Finning Prohibition Act ( 16 U.S.C. 1822 note); and (D) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249); but . 373. Capacity building in foreign fisheries (a) In general The Secretary of Commerce, in consultation with the heads of other Federal agencies, as appropriate, shall develop and carry out with partner governments and civil society— (1) multi-year international environmental cooperation agreements and projects; and (2) multi-year capacity-building projects for implementing measures to address illegal, unreported, or unregulated fishing, fraud, forced labor, bycatch, and other conservation measures. (b) Capacity building Section 3543(d) of the Maritime SAFE Act ( 16 U.S.C. 8013(d) ) is amended— (1) in the matter preceding paragraph (1), by striking as appropriate, ; and (2) in paragraph (3), by striking as appropriate and inserting for all priority regions identified by the Working Group . (c) Reports Section 3553 of the Maritime SAFE Act ( 16 U.S.C. 8033 ) is amended— (1) in paragraph (7), by striking and after the semicolon; (2) in paragraph (8), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (9) the status of work with global enforcement partners. . 374. Training of United States observers Section 403(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881b(b) ) is amended— (1) in paragraph (3), by striking and after the semicolon; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: (4) ensure that each observer has received training to identify indicators of forced labor (as defined in section 361 of the Coast Guard Authorization Act of 2022 ) and human trafficking (as defined in section 361 of the Coast Guard Authorization Act of 2022 ) and refer this information to appropriate authorities; and . 375. Regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as may be necessary to carry out this title. IV Support for Coast Guard workforce A Support for Coast Guard members and families 401. Coast Guard child care improvements (a) Family discount for child development services Section 2922(b)(2) of title 14, United States Code, is amended by adding at the end the following: (D) In the case of an active duty member with two or more children attending a Coast Guard child development center, the Commandant may modify the fees to be charged for attendance for the second and any subsequent child of such member by an amount that is 15 percent less than the amount of the fee otherwise chargeable for the attendance of the first such child enrolled at the center, or another fee as the Commandant determines appropriate, consistent with multiple children. . (b) Child development center standards and inspections Section 2923(a) of title 14, United States Code, is amended to read as follows: (a) Standards The Commandant shall require each Coast Guard child development center to meet standards of operation— (1) that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the center; and (2) necessary for accreditation by an appropriate national early childhood programs accrediting entity. . (c) Child care subsidy program (1) Authorization (A) In general Subchapter II of chapter 29 of title 14, United States Code, is amended by inserting at the end the following: 2927. Child care subsidy program (a) Authority The Commandant may operate a child care subsidy program to provide financial assistance to eligible providers that provide child care services or youth program services to members of the Coast Guard and any other individual the Commandant considers appropriate, if— (1) providing such financial assistance— (A) is in the best interests of the Coast Guard; and (B) enables supplementation or expansion of the provision of Coast Guard child care services, while not supplanting or replacing Coast Guard child care services; and (2) the Commandant ensures, to the extent practicable, that the eligible provider is able to comply, and does comply, with the regulations, policies, and standards applicable to Coast Guard child care services. (b) Eligible providers A provider of child care services or youth program services is eligible for financial assistance under this section if the provider— (1) is licensed to provide such services under applicable State and local law; (2) is registered in an au pair program of the Department of State; (3) is a family home daycare; or (4) is a provider of family child care services that— (A) otherwise provides federally funded or federally sponsored child development services; (B) provides such services in a child development center owned and operated by a private, not-for-profit organization; (C) provides a before-school or after-school child care program in a public school facility; (D) conducts an otherwise federally funded or federally sponsored school-age child care or youth services program; (E) conducts a school-age child care or youth services program operated by a not-for-profit organization; (F) provides in-home child care, such as a nanny or an au pair; or (G) is a provider of another category of child care services or youth program services the Commandant considers appropriate for meeting the needs of members or civilian employees of the Coast Guard. (c) Funding To provide financial assistance under this subsection, the Commandant may use any funds appropriated for the Coast Guard for operation and maintenance. . (B) Clerical amendment The analysis for chapter 29 of title 14, United States Code, is amended by inserting after the item relating to section 2926 the following: 2927. Child care subsidy program. . (2) Expansion of child care subsidy program (A) In general The Commandant shall— (i) evaluate potential eligible uses for the child care subsidy program established under section 2927 of title 14, United States Code (referred to in this paragraph as the program ); and (ii) expand the eligible uses of funds for the program to accommodate the child care needs of members of the Coast Guard (including such members with nonstandard work hours and surge or other deployment cycles), including by providing funds directly to such members instead of care providers. (B) Considerations In evaluating potential eligible uses under subparagraph (A), the Commandant shall consider au pairs, nanny services, nanny shares, in-home child care services, care services such as supplemental care for children with disabilities, and any other child care delivery method the Commandant considers appropriate. (C) Requirements In establishing expanded eligible uses of funds for the program, the Commandant shall ensure that such uses— (i) are in the best interests of the Coast Guard; (ii) provide flexibility for members of the Coast Guard, including such members and employees with nonstandard work hours; and (iii) ensure a safe environment for dependents of such members and employees. (D) Publication Not later than 18 months after the date of the enactment of this Act, the Commandant shall publish an updated Commandant Instruction Manual (referred to in this paragraph as the manual ) that describes the expanded eligible uses of the program. (E) Report (i) In general Not later than 18 months after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report outlining the expansion of the program. (ii) Elements The report required by clause (i) shall include the following: (I) An analysis of the considerations described in subparagraph (B). (II) A description of the analysis used to identify eligible uses that were evaluated and incorporated into the manual under subparagraph (D). (III) A full analysis and justification with respect to the forms of care that were ultimately not included in the manual. (IV) Any recommendation with respect to funding or additional authorities necessary, including proposals for legislative change, to meet the current and anticipated future child care subsidy demands of the Coast Guard. 402. Armed Forces access to Coast Guard child care facilities Section 2922(a) of title 14, United States Code, is amended to read as follows: (a) (1) The Commandant may make child development services available, in such priority as the Commandant considers to be appropriate and consistent with readiness and resources and in the best interests of dependents of members and civilian employees of the Coast Guard, for— (A) members and civilian employees of the Coast Guard; (B) surviving dependents of members of the Coast Guard who have died on active duty, if such dependents were beneficiaries of a Coast Guard child development service at the time of the death of such members; (C) members of the armed forces (as defined in section 101 of title 10, United States Code); and (D) Federal civilian employees. (2) Child development service benefits provided under the authority of this section shall be in addition to benefits provided under other laws. . 403. Cadet pregnancy policy improvements (a) Regulations required Not later than 18 months after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Defense, shall prescribe regulations that— (1) preserve parental guardianship rights of cadets who become pregnant or father a child while attending the Coast Guard Academy; and (2) maintain military and academic requirements for graduation and commissioning. (b) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the development of the regulations required by subsection (a). 404. Pilot program for fertility treatments (a) Findings Congress makes the following findings: (1) Members of the Coast Guard face unique challenges in addressing infertility issues. (2) Frequent deployments, dislocation, transfers, and operational tempo impart unique stresses to members of the Coast Guard and their families. The same stressors often disrupt or make fertility treatments impractical or cost prohibitive. (3) Only 6 military treatment facilities in the United States offer fertility treatments to members of the Armed Forces. (b) Authorization (1) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall establish a pilot program for all qualified members of the Coast Guard for the purpose of expanding access to fertility treatment centers. (2) Inclusions The pilot program required by paragraph (1) may expand access and availability of fertility-related medical care and treatments, as determined by the Commandant. (3) Consideration of methods to expand access As part of the pilot program under this section, the Commandant shall consider methods to expand access to fertility treatments for members of the Coast Guard, including by— (A) examining support to improve access to fertility services traditionally considered nonessential and not covered by the TRICARE program (as defined under section 1072(7) of title 10, United States Code), such as medications, reproductive counseling, and other treatments; (B) exploring ways to increase access to military treatment facilities that offer assistive reproductive technology services, consistent with— (i) the Department of Defense Joint Travel Regulations issued on June 1, 2022; and (ii) the Coast Guard Supplement to the Joint Travel Regulations issued on June 28, 2019; (C) developing a process to allow assignment or reassignment of members of the Coast Guard requesting fertility treatments to a location conducive to receiving treatments; (D) in a case in which use of military treatment facilities is not available or practicable, entering into partnerships with private-sector fertility treatment providers; and (E) providing flexible working hours, duty schedules, and administrative leave to allow for necessary treatments, appointments, and other services associated with receipt of fertility treatments and associated care. (c) Duration The duration of the pilot program under subsection (a) shall be not less than 5 years beginning on the date on which the pilot program is established. (d) Discharge on district basis The Commandant— (1) may carry out the pilot program on a district basis; and (2) shall include remote and urban units in the pilot program. 405. Combat-related special compensation (a) Report and briefing Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 5 years after the date on which the initial report is submitted under this subsection, the Commandant shall submit a report and provide an in-person briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the implementation of section 221 of the Coast Guard Authorization Act of 2015 ( Public Law 114–120 ; 10 U.S.C. 1413a note). (b) Elements Each report and briefing required by subsection (a) shall include the following: (1) A description of methods to educate members and retirees on the combat-related special compensation program. (2) Statistics regarding enrollment in such program for members of the Coast Guard and Coast Guard retirees. (3) A summary of each of the following: (A) Activities carried out relating to the education of members of the Coast Guard participating in the Transition Assistance Program with respect to the combat-related special compensation program. (B) Activities carried out relating to the education of members of the Coast Guard who are engaged in missions in which they are susceptible to injuries that may result in qualification for combat-related special compensation, including flight school, the National Motor Lifeboat School, deployable special forces, and other training programs as the Commandant considers appropriate. (C) Activities carried out relating to training physicians and physician assistants employed by the Coast Guard, or otherwise stationed in Coast Guard clinics, sickbays, or other locations at which medical care is provided to members of the Coast Guard, for the purpose of ensuring, during medical examinations, appropriate counseling and documentation of symptoms, injuries, and the associated incident that resulted in such injuries. (D) Activities relating to the notification of heath service officers with respect to the combat-related special compensation program. (4) The written guidance provided to members of the Coast Guard regarding necessary recordkeeping to ensure eligibility for benefits under such program. (5) Any other matter relating to combat-related special compensation the Commandant considers appropriate. (c) Disability due to chemical or hazardous material exposure Section 221(a)(2) of the Coast Guard Reauthorization Act of 2015 ( Public Law 114–120 ; 10 U.S.C. 1413a note) is amended, in the matter preceding subparagraph (A)— (1) by striking and hazardous and inserting , hazardous ; and (2) by inserting , or a duty in which chemical or other hazardous material exposure has occurred (such as during marine inspections or pollution response activities) after surfman) . 406. Restoration of amounts improperly withheld for tax purposes from severance payments to veterans of the Coast Guard with combat-related injuries (a) Application to members of the Coast Guard when the Coast Guard is not operating as a service in the Department of the Navy The Combat-Injured Veterans Tax Fairness Act of 2016 ( Public Law 114–292 ; 10 U.S.C. 1212 note) is amended— (1) in section 3— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting (and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, and the Secretary of Transportation, with respect to the Coast Guard during the period in which it was operating as a service in the Department of Transportation), in coordination with the Secretary of the Treasury, after the Secretary of Defense ; (ii) in paragraph (1)(A)— (I) in clause (i), by striking the Secretary and inserting the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) ; (II) in clause (ii), by striking the Secretary and inserting the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) ; and (III) in clause (iv), striking the Secretary and inserting the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) ; and (iii) in paragraph (2), by amending subparagraph (B) to read as follows: (B) instructions for— (i) filing amended tax returns to recover the amounts improperly withheld for tax purposes; and (ii) requesting standard refund amounts described in subsection (b). ; (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) Standard refund amounts described The standard refund amounts described in this subsection are— (1) $1,750 for tax years 1991 through 2005; (2) $2,400 for tax years 2006 through 2010; and (3) $3,200 for tax years 2011 through 2016. ; (2) in section 4— (A) in the section heading, by inserting and the Secretary of the Department in which the Coast Guard is operating after Secretary of Defense ; (B) by inserting (and the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy), in coordination with the Secretary of the Treasury, after The Secretary of Defense ; and (C) by striking made by the Secretary and inserting made by the Secretary of Defense (and the Secretary of the Department in which the Coast Guard is operating with respect to the Coast Guard) ; and (3) in section 5— (A) in subsection (a)— (i) by inserting (and the Secretary of the Department in which the Coast Guard is operating, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, and the Secretary of Transportation, with respect to the Coast Guard during the period in which it was operating as a service in the Department of Transportation) after the Secretary of Defense ; and (ii) by striking the Secretary to and inserting the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) to ; and (B) in subsection (b)— (i) in paragraph (2), by striking the Secretary and inserting the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) ; and (ii) in paragraph (3), by striking the Secretary and inserting the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy) . (b) Deadlines (1) Identification of amounts improperly withheld and reporting The Secretary of Homeland Security and the Secretary of Transportation, in coordination with the Secretary of the Treasury, shall carry out the requirements under— (A) section 3(a) of the Combat-Injured Veterans Tax Fairness Act of 2016 ( Public Law 114–292 ; 10 U.S.C. 1212 note), as amended by subsection (a)(1)(A), not later than 1 year after the date of the enactment of this Act; and (B) section 5 of that Act, as amended by subsection (a)(3), not later than 1 year after the date of the enactment of this Act. (2) Ensuring amounts are not improperly withheld The Secretary of Homeland Security shall carry out the requirements under section 4 of the Combat-Injured Veterans Tax Fairness Act of 2016 ( Public Law 114–292 ; 10 U.S.C. 1212 note), as amended by subsection (a)(2), beginning on the date of the enactment of this Act. 407. Modification of basic needs allowance for members of the Coast Guard (a) In general Section 402b of title 37, United States Code, is amended— (1) by redesignating subsections (h) through (k) as subsections (i) through ( l ), respectively; and (2) by inserting after subsection (g) the following: (h) Special rule for members of Coast Guard (1) In general In the case of a member of the Coast Guard, the Secretary concerned shall— (A) determine under subsection (f) whether the member is eligible under subsection (b) for the allowance under subsection (a); and (B) if the Secretary concerned determines a member is eligible for the allowance, pay the allowance to the member unless the member elects not to receive the allowance. (2) Attestation of income A member of the Coast Guard is not required to submit an application under subsection (e) to receive the allowance under subsection (a), but not less frequently than biennially, the member shall submit to the Secretary concerned an attestation that the gross household income of the member does not exceed the amount described in subsection (b)(2). (3) Electronic process The Secretary concerned shall establish an electronic process pursuant to which a member of the Coast Guard may— (A) elect under paragraph (1)(B) not to receive the allowance; or (B) submit an attestation under paragraph (2). . (b) Conforming amendments Such section is further amended— (1) in subsection (e)— (A) in paragraphs (1) and (2), by striking A member both places it appears and inserting Except as provided by subsection (h), a member ; and (B) in paragraph (4)(B)— (i) by striking that the member and inserting the following: “that— (i) the member ; (ii) by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (ii) in the case of a member of the Coast Guard, that the member may receive the allowance as provided by subsection (h). ; and (2) in subsection (g)(2), by striking A member and inserting Except as provided by subsection (h), a member . 408. Study on food security (a) Study (1) In general The Commandant shall conduct a study on food insecurity among members of the Coast Guard. (2) Elements The study required by paragraph (1) shall include the following: (A) An analysis of the impact of food deserts on members of the Coast Guard, and their dependents, who live in areas with high costs of living, including areas with high-density populations and rural areas. (B) A comparison of— (i) the current method used by the Commandant to determine which areas are considered to be high cost-of-living areas; (ii) local-level indicators used by the Bureau of Labor Statistics to determine cost of living that indicate buying power and consumer spending in specific geographic areas; and (iii) indicators of cost of living used by the Department of Agriculture in market basket analyses, and other measures of local and regional food costs. (C) An assessment of the accuracy of the method and indicators described in subparagraph (B) in quantifying high cost of living in low-data and remote areas. (D) An assessment of the manner in which data accuracy and availability affect the accuracy of cost-of-living allowance calculations and other benefits, as the Commandant considers appropriate. (E) Recommendations— (i) to improve access to high-quality, affordable food within a reasonable distance of Coast Guard units located in areas identified as food deserts; (ii) to reduce transit costs for members of the Coast Guard and their dependents who are required to travel to access high-quality, affordable food; and (iii) for improving the accuracy of such calculations. (F) The estimated costs of implementing each recommendation made under subparagraph (E). (b) Plan (1) In general The Commandant shall develop a detailed plan to implement the recommendations of the study conducted under subsection (a). (2) Report Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the plan required by paragraph (1), including the cost of implementation, proposals for legislative change, and any other result of the study the Commandant considers appropriate. (c) Food desert defined In this section, the term food desert means an area, as determined by the Commandant, in which it is difficult to obtain affordable, high-quality fresh food in the immediate area in which members of the Coast Guard serve and reside. B Healthcare 421. Development of medical staffing standards for the Coast Guard (a) In general Not later than 180 days after the date of the enactment of this Act, the Commandant, in consultation with the Defense Health Agency and any healthcare expert the Commandant considers appropriate, shall develop medical staffing standards for the Coast Guard consistent with the recommendations of the Comptroller General of the United States set forth in the report entitled Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care published in February 2022. (b) Inclusions The standards required by subsection (a) shall address and take into consideration the following: (1) Current and future operations of healthcare personnel in support of Department of Homeland Security missions, including surge deployments for incident response. (2) Staffing standards for specialized providers, such as flight surgeons, dentists, behavioral health specialists, and physical therapists. (3) Staffing levels of medical, dental, and behavioral health providers for the Coast Guard who are— (A) members of the Coast Guard; (B) assigned to the Coast Guard from the Public Health Service; (C) Federal civilian employees; or (D) contractors hired by the Coast Guard to fill vacancies. (4) Staffing levels at medical facilities for Coast Guard units in remote locations. (5) Any discrepancy between medical staffing standards of the Department of Defense and medical staffing standards of the Coast Guard. (c) Review Not later than 90 days after the staffing standards required by subsection (a) are completed, the Commandant shall submit the standards to the Comptroller General, who shall review the standards and provide recommendations to the Commandant. (d) Report to Congress Not later than 180 days after developing such standards, the Commandant shall submit to 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 standards developed under subsection (a) that includes a plan and a description of the resources and budgetary needs required to implement the standards. (e) Modification, implementation, and periodic updates The Commandant shall— (1) modify such standards as necessary based on the recommendations provided under subsection (c); (2) implement the standards; and (3) review and update the standards not less frequently than every 4 years. 422. Healthcare system review and strategic plan (a) In general Not later than 270 days after the completion of the studies conducted by the Comptroller General of the United States under sections 8259 and 8260 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4679), the Commandant shall— (1) conduct a comprehensive review of the Coast Guard healthcare system; and (2) develop a strategic plan for improvements to, and modernization of, such system to ensure access to high-quality, timely healthcare for members of the Coast Guard, their dependents, and applicable Coast Guard retirees. (b) Plan (1) In general The strategic plan developed under subsection (a) shall seek— (A) to maximize the medical readiness of members of the Coast Guard; (B) to optimize delivery of healthcare benefits; (C) to ensure high-quality training of Coast Guard medical personnel; and (D) to prepare for the future needs of the Coast Guard. (2) Elements The plan shall address, at a minimum, the following: (A) Improving access to healthcare for members of the Coast Guard, their dependents, and applicable Coast Guard retirees. (B) Quality of care. (C) The experience and satisfaction of members of the Coast Guard and their dependents with the Coast Guard healthcare system. (D) The readiness of members of the Coast Guard and medical personnel. (c) Advisory committee (1) Establishment The Commandant shall establish an advisory committee to conduct a comprehensive review of the Coast Guard healthcare system (referred to in this section as the Advisory Committee ). (2) Membership (A) Composition The Advisory Committee shall be composed of members selected by the Commandant, including— (i) 1 or more members of the uniformed services (as defined in section 101 of title 10, United States Code) or Federal employees with expertise in— (I) the medical, dental, pharmacy, behavioral health, or reproductive health fields; or (II) any other field the Commandant considers appropriate; (ii) a representative of the Defense Health Agency; and (iii) a medical representative from each Coast Guard district. (3) Chairperson The chairperson of the Advisory Committee shall be the Director of the Health, Safety, and Work Life Directorate of the Coast Guard. (4) Staff The Advisory Committee shall be staffed by employees of the Coast Guard. (5) Report to Commandant Not later than 1 year after the Advisory Committee is established, the Advisory Committee shall submit to the Commandant a report that— (A) taking into consideration the medical staffing standards developed under section 421, assesses the recommended medical staffing standards set forth in the Comptroller General study required by section 8260 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4679), and compares such standards to the medical staffing standards of the Department of Defense and the private sector; (B) addresses improvements needed to ensure continuity of care for members of the Coast Guard, including by evaluating the feasibility of having a dedicated primary care manager for each such member while the member is stationed at a duty station; (C) evaluates the effects of increased surge deployments of medical personnel on staffing needs at Coast Guard clinics; (D) identifies ways to improve access to care for members of the Coast Guard and their dependents who are stationed in remote areas, including methods to expand access to providers in the available network; (E) identifies ways the Coast Guard may better use Department of Defense Medical Health System resources for members of the Coast Guard, their dependents, and applicable retirees; (F) identifies barriers to participation in the Coast Guard healthcare system and ways the Coast Guard may better use patient feedback to improve quality of care at Coast Guard-owned facilities, military treatment facilities, and specialist referrals; (G) includes recommendations to improve the Coast Guard healthcare system; and (H) any other matter the Commandant or the Advisory Committee considers appropriate. (d) Report to Congress Not later than 2 years after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (1) the strategic plan for the Coast Guard medical system required by subsection (a); (2) the report of the Advisory Committee submitted to the Commandant under subsection (c); and (3) a description of the manner in which the Commandant plans to implement the recommendations of the Advisory Committee. 423. Data collection and access to care (a) In general Not later than 180 days after the date of the enactment of this Act, the Commandant, in consultation with the Defense Health Agency and any healthcare expert the Commandant considers appropriate, shall develop a policy to require the collection of data regarding access by members of the Coast Guard and their dependents to medical, dental, and behavioral healthcare as recommended by the Comptroller General of the United States in the report entitled Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care published in February 2022. (b) Elements The policy required by subsection (a) shall address the following: (1) Methods to collect data on access to care for— (A) routine annual physical health assessments; (B) flight physicals for aviators or prospective aviators; (C) sick call; (D) injuries; (E) dental health; and (F) behavioral health conditions. (2) Collection of data on access to care for referrals. (3) Collection of data on access to care for members of the Coast Guard stationed at remote units, aboard Coast Guard cutters, and on deployments. (4) Use of the electronic health record system to improve data collection on access to care. (5) Use of data for addressing the standards of care, including time between requests for appointments and actual appointments, including appointments made with referral services. (c) Review by Comptroller General (1) Submission Not later than 15 days after the policy is developed under subsection (a), the Commandant shall submit the policy to the Comptroller General of the United States. (2) Review Not later than 180 days after receiving the policy, the Comptroller General shall review the policy and provide recommendations to the Commandant. (3) Modification Not later than 60 days after receiving the recommendations of the Comptroller General, the Commandant shall modify the policy as necessary based on such recommendations. (d) Publication and report to Congress Not later than 90 days after the policy is modified under subsection (c)(3), the Commandant shall— (1) publish the policy on a publicly accessible internet website of the Coast Guard; and (2) submit to 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 policy and the manner in which the Commandant plans to address access-to-care deficiencies. (e) Periodic updates Not less frequently than every 5 years, the Commandant shall review and update the policy. 424. Behavioral health policy (a) Sense of Congress It is the sense of Congress that— (1) members of the Coast Guard— (A) are exposed to high-risk and often stressful duties; and (B) should be encouraged to seek appropriate medical treatment and professional guidance; and (2) after treatment for behavioral health conditions, many members of the Coast Guard should be allowed to resume service in the Coast Guard if they— (A) are able to do so without persistent duty modifications; and (B) do not pose a risk to themselves or other members of the Coast Guard. (b) Interim behavioral health policy (1) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall establish an interim behavioral health policy for members of the Coast Guard that is in parity with section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, Medical Standards for Military Service: Retention . (2) Termination The interim policy established under paragraph (1) shall remain in effect until the date on which the Commandant issues a permanent behavioral health policy for members of the Coast Guard. (c) Permanent policy In developing a permanent policy with respect to retention and behavioral health, the Commandant shall ensure that, to the extent practicable, the policy of the Coast Guard is in parity with section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, Medical Standards for Military Service: Retention . 425. Members asserting post-traumatic stress disorder or traumatic brain injury (a) In general Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following: 2515. Members asserting post-traumatic stress disorder or traumatic brain injury (a) Medical examination required (1) The Secretary shall ensure that a member of the Coast Guard who has performed Coast Guard operations or has been sexually assaulted during the preceding 2-year period, and who is diagnosed by an appropriate licensed or certified healthcare professional as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise alleges, based on the service of the member or based on such sexual assault, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury. (2) A member described in paragraph (1) shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary. (3) (A) In a case involving post-traumatic stress disorder, the medical examination shall be— (i) performed by— (I) a board-certified or board-eligible psychiatrist; or (II) a licensed doctorate-level psychologist; or (ii) performed under the close supervision of— (I) a board-certified or board-eligible psychiatrist; or (II) a licensed doctorate-level psychologist, a doctorate-level mental health provider, a psychiatry resident, or a clinical or counseling psychologist who has completed a 1-year internship or residency. (B) In a case involving traumatic brain injury, the medical examination shall be performed by a physiatrist, psychiatrist, neurosurgeon, or neurologist. (b) Purpose of medical examination The medical examination required by subsection (a) shall assess whether the effects of mental or neurocognitive disorders, including post-traumatic stress disorder and traumatic brain injury, constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of the service of the member as other than honorable. (c) Inapplicability to proceedings under Uniform Code of Military Justice The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice. (d) Coast Guard operations defined In this section, the term Coast Guard operations has the meaning given that term in section 888(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 468(a) ). . (b) Clerical amendment The analysis for subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following: 2515. Members asserting post-traumatic stress disorder or traumatic brain injury. . 426. Improvements to the Physical Disability Evaluation System and transition program (a) Temporary policy Not later than 60 days after the date of the enactment of this Act, the Commandant shall develop a temporary policy that— (1) improves timeliness, communication, and outcomes for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process; (2) affords maximum career transition benefits to members of the Coast Guard determined by a Medical Evaluation Board to be unfit for retention in the Coast Guard; and (3) maximizes the potential separation and career transition benefits for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process. (b) Elements The policy required by subsection (a) shall include the following: (1) A requirement that any member of the Coast Guard who is undergoing the Physical Disability Evaluation System, or a related formal or informal process, shall be placed in a duty status that allows the member the opportunity to attend necessary medical appointments and other activities relating to the Physical Disability Evaluation System, including completion of any application of the Department of Veterans Affairs and career transition planning. (2) In the case of a Medical Evaluation Board report that is not completed within 120 days after the date on which an evaluation by the Medical Evaluation Board was initiated, the option for such a member to enter permissive duty status. (3) A requirement that the date of initiation of an evaluation by a Medical Evaluation Board shall include the date on which any verbal or written affirmation is made to the member, command, or medical staff that the evaluation by the Medical Evaluation Board has been initiated. (4) An option for such member to seek an internship under the SkillBridge program established under section 1143(e) of title 10, United States Code, and outside employment aimed at improving the transition of the member to civilian life, only if such an internship or employment does not interfere with necessary medical appointments required for the member’s physical disability evaluation. (5) A requirement that not less than 21 days notice shall be provided to such a member for any such medical appointment, to the maximum extent practicable, to ensure that the appointment timeline is in the best interests of the immediate health of the member. (6) A requirement that the Coast Guard shall provide such a member with a written separation date upon the completion of a Medical Evaluation Board report that finds the member unfit to continue active duty. (7) To provide certainty to such a member with respect to a separation date, a policy that ensures— (A) that accountability measures are in place with respect to Coast Guard delays throughout the Physical Disability Evaluation System, including— (i) placement of the member in an excess leave status after 270 days have elapsed since the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority; and (ii) a calculation of the costs to retain the member on active duty, including the pay, allowances, and other associated benefits of the member, for the period beginning on the date that is 90 days after date of initiation of an evaluation by a Medical Evaluation Board by any competent authority and ending on the date on which the member is separated from the Coast Guard; and (B) the availability of administrative solutions to any such delay. (8) With respect to a member of the Coast Guard on temporary limited duty status, an option to remain in the member’s current billet, to the maximum extent practicable, or to be transferred to a different active-duty billet, so as to minimize any negative impact on the member’s career trajectory. (9) A requirement that each respective command shall report to the Coast Guard Personnel Service Center any delay of more than 21 days between each stage of the Physical Disability Evaluation System for any such member, including between stages of the processes, the Medical Evaluation Board, the Informal Physical Evaluation Board, and the Formal Physical Evaluation Board. (10) A requirement that, not later than 7 days after receipt of a report of a delay described in paragraph (9), the Personnel Service Center shall take corrective action, which shall ensure that the Coast Guard exercises maximum discretion to continue the Physical Disability Evaluation System of such a member in a timely manner, unless such delay is caused by the member. (11) A requirement that— (A) a member of the Coast Guard shall be allowed to make a request for a reasonable delay in the Physical Disability Evaluation System to obtain additional input and consultation from a medical or legal professional; and (B) any such request for delay shall be approved by the Commandant based on a showing of good cause by the member. (c) Report on temporary policy Not later than 60 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the policy developed under subsection (a). (d) Permanent policy Not later than 180 days after the date of the enactment of this Act, the Commandant shall publish a Commandant Instruction making the policy developed under subsection (a) a permanent policy of the Coast Guard. (e) Briefing Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on, and a copy of, the permanent policy. (f) Annual report on costs (1) In general Not less frequently than annually, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, for the preceding fiscal year— (A) details the total aggregate service-wide costs described in subsection (b)(7)(A)(ii) for members of the Coast Guard whose Physical Disability Evaluation System process has exceeded 90 days; and (B) includes for each such member— (i) an accounting of such costs; and (ii) the number of days that elapsed between the initiation and completion of the Physical Disability Evaluation System process. (2) Personally identifiable information A report under paragraph (1) shall not include the personally identifiable information of any member of the Coast Guard. 427. Expansion of access to counseling (a) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall hire, train, and deploy not fewer than an additional 5 behavioral health specialists. (b) Requirement Through the hiring process required by subsection (a), the Commandant shall ensure that at least 35 percent of behavioral health specialists employed by the Coast Guard have experience in behavioral healthcare for the purpose of supporting members of the Coast Guard with fertility, infertility, pregnancy, miscarriage, child loss, postpartum depression, and related counseling needs. (c) Accessibility The support provided by the behavioral health specialists described in subsection (a)— (1) may include care delivered via telemedicine; and (2) shall be made widely available to members of the Coast Guard. (d) Authorization of appropriations Of the amounts authorized to be appropriated under section 4902(1)(A) of title 14, United States Code, as amended by section 101 of this Act, $2,000,000 shall be made available to the Commandant for each of fiscal years 2023 and 2024 to carry out this section. 428. Expansion of postgraduate opportunities for members of the Coast Guard in medical and related fields (a) In general The Commandant shall expand opportunities for members of the Coast Guard to secure postgraduate degrees in medical and related professional disciplines for the purpose of supporting Coast Guard clinics and operations. (b) Military training student loads Section 4904(b)(3) of title 14, United States Code, is amended by striking 350 and inserting 385 . 429. Study on Coast Guard telemedicine program (a) In general Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the Coast Guard telemedicine program. (b) Elements The study required by subsection (a) shall include the following: (1) An assessment of— (A) the current capabilities and limitations of the Coast Guard telemedicine program; (B) the degree of integration of such program with existing electronic health records; (C) the capability and accessibility of such program, as compared to the capability and accessibility of the telemedicine programs of the Department of Defense and commercial medical providers; (D) the manner in which the Coast Guard telemedicine program may be expanded to provide better clinical and behavioral medical services to members of the Coast Guard, including such members stationed at remote units or onboard Coast Guard cutters at sea; and (E) the costs savings associated with the provision of— (i) care through telemedicine; and (ii) preventative care. (2) An identification of barriers to full use or expansion of such program. (3) A description of the resources necessary to expand such program to its full capability. (c) Report Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to 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 findings of the study. 430. Study on Coast Guard medical facilities needs (a) In general Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on Coast Guard medical facilities needs. (b) Elements The study required by subsection (a) shall include the following: (1) A current list of Coast Guard medical facilities, including clinics, sickbays, and shipboard facilities. (2) A summary of capital needs for Coast Guard medical facilities, including construction and repair. (3) A summary of equipment upgrade backlogs of Coast Guard medical facilities. (4) An assessment of improvements to Coast Guard medical facilities, including improvements to IT infrastructure, required to enable the Coast Guard to fully use telemedicine and implement other modernization initiatives. (5) An evaluation of the process used by the Coast Guard to identify, monitor, and construct Coast Guard medical facilities. (6) A description of the resources necessary to fully address all Coast Guard medical facilities needs. (c) Report Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to 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 findings of the study. C Housing 441. Strategy to improve quality of life at remote units (a) In general Not more than 180 days after the date of the enactment of this Act, the Commandant shall develop a strategy to improve the quality of life for members of the Coast Guard and their dependents who are stationed in remote units. (b) Elements The strategy required by subsection (a) shall address the following: (1) Methods to improve the availability or affordability of housing options for members of the Coast Guard and their dependents through— (A) Coast Guard-owned housing; (B) Coast Guard-facilitated housing; or (C) basic allowance for housing adjustments to rates that are more competitive for members of the Coast Guard seeking privately owned or privately rented housing. (2) Methods to improve access by members of the Coast Guard and their dependents to— (A) medical, dental, and pediatric care; (B) healthcare specific to women; and (C) behavioral healthcare. (3) Methods to increase access to child care services, including recommendations for increasing child care capacity and opportunities for care within the Coast Guard and in the private sector. (4) Methods to improve non-Coast Guard network internet access at remote units— (A) to improve communications between families and members of the Coast Guard on active duty; and (B) for other purposes such as education and training. (5) Methods to support spouses and dependents who face challenges specific to remote locations. (6) Any other matter the Commandant considers appropriate. (c) Briefing Not later than 180 days after the strategy required by subsection (a) is completed, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the strategy. (d) Remote unit defined In this section, the term remote unit means a unit located in an area in which members of the Coast Guard and their dependents are eligible for TRICARE Prime Remote. 442. Study on Coast Guard housing access, cost, and challenges (a) In general Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on housing access, cost, and associated challenges facing members of the Coast Guard. (b) Elements The study required by subsection (a) shall include the following: (1) An assessment of— (A) the extent to which— (i) the Commandant has evaluated the sufficiency, availability, and affordability of housing options for members of the Coast Guard and their dependents; and (ii) the Coast Guard owns and leases housing for members of the Coast Guard and their dependents; (B) the methods used by the Commandant to manage housing data, and the manner in which the Commandant uses such data— (i) to inform Coast Guard housing policy; and (ii) to guide investments in Coast Guard-owned housing capacity and other investments in housing, such as long-term leases and other options; and (C) the process used by the Commandant to gather and provide information used to calculate housing allowances for members of the Coast Guard and their dependents, including whether the Commandant has established best practices to manage low-data areas. (2) An assessment as to whether it is advantageous for the Coast Guard to continue to use the Department of Defense basic allowance for housing system. (3) Recommendations for actions the Commandant should take to improve the availability and affordability of housing for members of the Coast Guard and their dependents who are stationed in— (A) remote units located in areas in which members of the Coast Guard and their dependents are eligible for TRICARE Prime Remote; or (B) units located in areas with a high number of vacation rental properties. (c) Report Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to 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 findings of the study. (d) Strategy Not later than 180 days after the submission of the report required by subsection (c), the Commandant shall publish a Coast Guard housing strategy that addresses the findings set forth in the report, which shall, at a minimum— (1) address housing inventory shortages and affordability; and (2) include a Coast Guard-owned housing infrastructure investment prioritization plan. D Other matters 451. Report on availability of emergency supplies for Coast Guard personnel (a) In general Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to 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 availability of appropriate emergency supplies at Coast Guard units. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the extent to which— (A) the Commandant ensures that Coast Guard units assess risks and plan accordingly to obtain and maintain appropriate emergency supplies; and (B) Coast Guard units have emergency food and water supplies available according to local emergency preparedness needs. (2) A description of any challenge the Commandant faces in planning for and maintaining adequate emergency supplies for Coast Guard personnel. (c) Publication Not later than 90 days after the date of submission of the report required by subsection (a), the Commandant shall publish a strategy and recommendations in response to the report that includes— (1) a plan for improving emergency preparedness and emergency supplies for Coast Guard units; and (2) a process for periodic review and engagement with Coast Guard units to ensure emerging emergency response supply needs are achieved and maintained. V Maritime A Vessel safety 501. Abandoned Seafarer Fund amendments Section 11113 of title 46, United States Code, is amended— (1) in the matter preceding subparagraph (A) of subsection (a)(2), by striking may be appropriated and inserting shall be available without further appropriations, and shall remain available until expended, ; and (2) in subsection (c)— (A) in the matter preceding subparagraph (A) of paragraph (1), by inserting plus a surcharge of 25 percent of such total amount , after seafarer ; and (B) by striking paragraph (4). 502. Receipts; international agreements for ice patrol services Section 80301(c) of title 46, United States Code, is amended by striking the period at the end and inserting and shall be available until expended for the purpose of the Coast Guard international ice patrol program. . 503. Passenger vessel security and safety requirements Notwithstanding any other provision of law, requirements authorized under sections 3509 of title 46, United States Code, shall not apply to any passenger vessel, as defined in section 2101 of such title, that— (1) carries in excess of 250 passengers; and (2) is, or was, in operation in the internal waters of the United States on voyages inside the Boundary Line, as defined in section 103 of such title, on or before July 27, 2030. 504. At-sea recovery operations pilot program (a) In general The Secretary shall conduct a pilot program to evaluate the potential use of remotely controlled or autonomous operation and monitoring of certain vessels for the purposes of— (1) better understanding the complexities of such at-sea operations and potential risks to navigation safety, vessel security, maritime workers, the public, and the environment; (2) gathering observational and performance data from monitoring the use of remotely controlled or autonomous vessels; and (3) assessing and evaluating regulatory requirements necessary to guide the development of future occurrences of such operations and activities. (b) Duration and effective date The duration of the pilot program established under this section shall be not more than 5 years beginning on the date on which the pilot program is established, which shall be not later than 180 days after the date of enactment of this Act. (c) Authorized activities The activities authorized under this section include— (1) remote over-the-horizon monitoring operations related to the active at-sea recovery of spaceflight components on an unmanned vessel or platform; (2) procedures for the unaccompanied operation and monitoring of an unmanned spaceflight recovery vessel or platform; and (3) unmanned vessel transits and testing operations without a physical tow line related to space launch and recovery operations, except within 12 nautical miles of a port. (d) Interim authority In recognition of potential risks to navigation safety, vessel security, maritime workers, the public, and the environment, and the unique circumstances requiring the use of remotely operated or autonomous vessels, the Secretary, in the pilot program established under subsection (a), may— (1) allow remotely controlled or autonomous vessel operations to proceed consistent to the extent practicable under titles 33 and 46 of the United States Code, including navigation and manning laws and regulations; (2) modify or waive applicable regulations and guidance as the Secretary considers appropriate to— (A) allow remote and autonomous vessel at-sea operations and activities to occur while ensuring navigation safety; and (B) ensure the reliable, safe, and secure operation of remotely controlled or autonomous vessels; and (3) require each remotely operated or autonomous vessel to be at all times under the supervision of 1 or more individuals— (A) holding a merchant mariner credential which is suitable to the satisfaction of the Coast Guard; and (B) who shall practice due regard for the safety of navigation of the autonomous vessel, to include collision avoidance. (e) Rule of construction Nothing in this section shall be construed to authorize the Secretary to— (1) permit foreign vessels to participate in the pilot program established under subsection (a); (2) waive or modify applicable laws and regulations under titles 33 and 46 of the United States Code, except to the extent authorized under subsection (d)(2); or (3) waive or modify any regulations arising under international conventions. (f) Savings provision Nothing in this section may be construed to authorize the employment in the coastwise trade of a vessel or platform that does not meet the requirements of sections 12112, 55102, 55103, and 55111 of title 46, United States Code. (g) Briefings The Secretary or the designee of the Secretary shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the program established under subsection (a) on a quarterly basis. (h) Report Not later than 180 days after the expiration of the pilot program established under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report regarding an assessment of the execution of the pilot program and implications for maintaining navigation safety, the safety of maritime workers, and the preservation of the environment. (i) GAO report (1) In general Not later than 18 months after the date of enactment of this section, the Comptroller General of the United States shall submit to 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 state of autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels in Federal waters of the United States. (2) Elements The report required under paragraph (1) shall include the following: (A) An assessment of commercially available autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels during the 10 years immediately preceding the date of the report. (B) An analysis of the safety, physical security, cybersecurity, and collision avoidance risks and benefits associated with autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels, including environmental considerations. (C) An assessment of the impact of such autonomous and remote technologies, and all associated technologies, on labor, including— (i) roles for credentialed and noncredentialed workers regarding such autonomous, remote, and associated technologies; and (ii) training and workforce development needs associated with such technologies. (D) An assessment and evaluation of regulatory requirements necessary to guide the development of future autonomous, remote, and associated technologies in the operation of shipboard equipment and safe and secure navigation of vessels. (E) An assessment of the extent to which such technologies are being used in other countries and how such countries have regulated such technologies. (F) Recommendations regarding authorization, infrastructure, and other requirements necessary for the implementation of such technologies in the United States. (3) Consultation The report required under paragraph (1) shall include, at a minimum, consultation with the maritime industry including— (A) vessel operators, including commercial carriers, entities engaged in exploring for, developing, or producing resources, including non-mineral energy resources in its offshore areas, and supporting entities in the maritime industry; (B) shipboard personnel impacted by any change to autonomous vessel operations, in order to assess the various benefits and risks associated with the implementation of autonomous, remote, and associated technologies in the operation of shipboard equipment and safe and secure navigation of vessels and the impact such technologies would have on maritime jobs and maritime manpower; and (C) relevant federally funded research institutions, non-governmental organizations, and academia. (j) Definitions In this section: (1) Merchant mariner credential The term merchant mariner credential means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to title 46, United States Code. (2) Secretary The term Secretary means the Secretary of the department in which the Coast Guard is operating. 505. Exoneration and limitation of liability for small passenger vessels (a) Restructuring Chapter 305 of title 46, United States Code, is amended— (1) by inserting before section 30501 the following: I General provisions ; (2) by inserting before section 30503 the following: II Exoneration and limitation of liability ; and (3) by redesignating sections 30503 through 30512 as sections 30521 through 30530, respectively. (b) Definitions Section 30501 of title 46, United States Code, is amended to read as follows: 30501. Definitions In this chapter: (1) Covered small passenger vessel The term covered small passenger vessel — (A) means a small passenger vessel, as defined in section 2101, that is— (i) not a wing-in-ground craft; and (ii) carrying— (I) not more than 49 passengers on an overnight domestic voyage; and (II) not more than 150 passengers on any voyage that is not an overnight domestic voyage; and (B) includes any wooden vessel constructed prior to March 11, 1996, carrying at least 1 passenger for hire. (2) Owner The term owner includes a charterer that mans, supplies, and navigates a vessel at the charterer’s own expense or by the charterer’s own procurement. . (c) Applicability Section 30502 of title 46, United States Code, is amended— (1) by striking Except as otherwise provided and inserting the following: (a) In general.— Except as to covered small passenger vessels and as otherwise provided ; (2) by striking section 30503 and inserting section 30521 ; and (3) by adding at the end the following: (b) Application Notwithstanding subsection (a), the requirements of section 30526 of this title shall apply to covered small passenger vessels. . (d) Provisions requiring notice of claim or limiting time for bringing action Section 30526 of title 46, United States Code, as redesignated by subsection (a), is amended— (1) in subsection (a), by inserting and covered small passenger vessels after seagoing vessels ; and (2) in subsection (b)— (A) in paragraph (1), by striking 6 months and inserting 2 years ; and (B) in paragraph (2), by striking one year and inserting 2 years . (e) Chapter analysis The analysis for chapter 305 of title 46, United States Code, is amended— (1) by inserting before the item relating to section 30501 the following: SUBCHAPTER I—General provisions ; (2) by inserting after the item relating to section 30502 the following: SUBCHAPTER II—Exoneration and limitation of liability ; (3) by striking the item relating to section 30501 and inserting the following: 30501. Definitions. ; and (4) by redesignating the items relating to sections 30503 through 30512 as items relating to sections 30521 through 30530, respectively. (f) Conforming amendments Title 46, United States Code, is further amended— (1) in section 14305(a)(5), by striking section 30506 and inserting section 30524 ; (2) in section 30523(a), as redesignated by subsection (a), by striking section 30506 and inserting section 30524 ; (3) in section 30524(b), as redesignated by subsection (a), by striking section 30505 and inserting section 30523 ; and (4) in section 30525, as redesignated by subsection (a)— (A) in the matter preceding paragraph (1), by striking sections 30505 and 30506 and inserting sections 30523 and 30524 ; (B) in paragraph (1), by striking section 30505 and inserting section 30523 ; and (C) in paragraph (2), by striking section 30506(b) and inserting section 30524(b) . 506. Moratorium on towing vessel inspection user fees Notwithstanding section 9701 of title 31, United States Code, and section 2110 of title 46 of such Code, the Secretary of the department in which the Coast Guard is operating may not charge an inspection fee for a towing vessel that has a certificate of inspection issued under subchapter M of chapter I of title 46, Code of Federal Regulations (or any successor regulation), and that uses the Towing Safety Management System option for compliance with such subchapter, until— (1) the completion of the review required under section 815 of the Frank LoBiondo Coast Guard Authorization Act of 2018 ( 14 U.S.C. 946 note; Public Law 115–282 ); and (2) the promulgation of regulations to establish specific inspection fees for such vessels. 507. Certain historic passenger vessels (a) Report on covered historic vessels (1) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report evaluating the practicability of the application of section 3306(n)(3)(v) of title 46, United States Code, to covered historic vessels. (2) Elements The report required under paragraph (1) shall include the following: (A) An assessment of the compliance, as of the date on which the report is submitted in accordance with paragraph (1), of covered historic vessels with section 3306(n)(3)(v) of title 46, United States Code. (B) An assessment of the safety record of covered historic vessels. (C) An assessment of the risk, if any, that modifying the requirements under section 3306(n)(3)(v) of title 46, United States Code, would have on the safety of passengers and crew of covered historic vessels. (D) An evaluation of the economic practicability of the compliance of covered historic vessels with such section 3306(n)(3)(v) and whether that compliance would meaningfully improve safety of passengers and crew in a manner that is both feasible and economically practicable. (E) Any recommendations to improve safety in addition to, or in lieu of, such section 3306(n)(3)(v). (F) Any other recommendations as the Comptroller General determines are appropriate with respect to the applicability of such section 3306(n)(3)(v) to covered historic vessels. (G) An assessment to determine if covered historic vessels could be provided an exemption to such section 3306(n)(3)(v) and what changes to legislative or rulemaking requirements, including modifications to section 177.500(q) of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act), are necessary to provide the Commandant the authority to make such exemption or to otherwise provide for such exemption. (b) Consultation In completing the report required under subsection (a)(1), the Comptroller General may consult with— (1) the National Transportation Safety Board; (2) the Coast Guard; and (3) the maritime industry, including relevant federally funded research institutions, nongovernmental organizations, and academia. (c) Extension for covered historic vessels The captain of a port may waive the requirements of section 3306(n)(3)(v) of title 46, United States Code, with respect to covered historic vessels for not more than 2 years after the date of submission of the report required by subsection (a) to Congress in accordance with such subsection. (d) Savings clause Nothing in this section shall limit any authority available, as of the date of enactment of this Act, to the captain of a port with respect to safety measures or any other authority as necessary for the safety of covered historic vessels. (e) Notice to passengers A covered historic vessel that receives a waiver under subsection (c) shall, beginning on the date on which the requirements under section 3306(n)(3)(v) of title 46, United States Code, take effect, provide a prominently displayed notice on its website, ticket counter, and each ticket for passengers that the vessel is exempt from meeting the Coast Guard safety compliance standards concerning egress as provided for under such section 3306(n)(3)(v). (f) Definition of covered historic vessels In this section, the term covered historic vessels means the following: (1) American Eagle (Official Number 229913). (2) Angelique (Official Number 623562). (3) Heritage (Official Number 649561). (4) J & E Riggin (Official Number 226422). (5) Ladona (Official Number 222228). (6) Lewis R. French (Official Number 015801). (7) Mary Day (Official Number 288714). (8) Stephen Taber (Official Number 115409). (9) Victory Chimes (Official Number 136784). (10) Grace Bailey (Official Number 085754). (11) Mercantile (Official Number 214388). (12) Mistress (Official Number 509004). 508. Coast Guard digital registration Section 12304(a) of title 46, United States Code, is amended— (1) by striking shall be pocketsized, ; and (2) by striking , and may be valid and inserting and may be in hard copy or digital form. The certificate shall be valid . 509. Responses to safety recommendations (a) In general Chapter 7 of title 14, United States Code, is amended by adding at the end the following: 721. Responses to safety recommendations (a) In general Not later than 90 days after the submission to the Commandant of a recommendation and supporting justification by the National Transportation Safety Board relating to transportation safety, the Commandant shall submit to the National Transportation Safety Board a written response to the recommendation, which shall include whether the Commandant— (1) concurs with the recommendation; (2) partially concurs with the recommendation; or (3) does not concur with the recommendation. (b) Explanation of concurrence A response under subsection (a) shall include— (1) with respect to a recommendation with which the Commandant concurs, an explanation of the actions the Commandant intends to take to implement such recommendation; (2) with respect to a recommendation with which the Commandant partially concurs, an explanation of the actions the Commandant intends to take to implement the portion of such recommendation with which the Commandant partially concurs; and (3) with respect to a recommendation with which the Commandant does not concur, the reasons the Commandant does not concur. (c) Failure To respond If the National Transportation Safety Board has not received the written response required under subsection (a) by the end of the time period described in that subsection, the National Transportation Safety Board shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that such response has not been received. . (b) Clerical amendment The analysis for chapter 7 of title 14, United States Code, is amended by adding at the end the following: 721. Responses to safety recommendations. . 510. Comptroller General of the United States study and report on the Coast Guard’s oversight of third-party organizations (a) In general The Comptroller General of the United States shall initiate a review, not later than 1 year after the date of enactment of this Act that assesses the Coast Guard’s oversight of third-party organizations. (b) Elements The study required under subsection (a) shall analyze the following: (1) Coast Guard utilization of third-party organizations in its prevention mission, and the extent the Coast Guard plans to increase such use to enhance prevention mission performance, including resource utilization and specialized expertise. (2) The extent the Coast Guard has assessed the potential risks and benefits of using third-party organizations to support prevention mission activities. (3) The extent the Coast Guard provides oversight of third-party organizations authorized to support prevention mission activities. (c) Report The Comptroller General shall submit the results from this study not later than 1 year after initiating the review to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. B Other matters 521. Definition of a stateless vessel Section 70502(d)(1) of title 46, United States Code, is amended— (1) in subparagraph (B), by striking and after the semicolon; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (D) a vessel aboard which no individual, on request of an officer of the United States authorized to enforce applicable provisions of United States law, claims to be the master or is identified as the individual in charge and that has no other claim of nationality or registry under paragraph (1) or (2) of subsection (e). . 522. Report on enforcement of coastwise laws Not later than 1 year of the date of enactment of this Act, the Commandant shall submit to Congress a report describing any changes to the enforcement of chapters 121 and 551 of title 46, United States Code, as a result of the amendments to section 4(a)(1) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1333(a)(1) ) made by section 9503 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). 523. Study on multi-level supply chain security strategy of the Department of Homeland Security (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study that assesses the efforts of the Department of Homeland Security with respect to securing vessels and maritime cargo bound for the United States from national security related risks and threats. (b) Elements The study required under subsection (a) shall assess the following: (1) Programs that comprise the maritime strategy of the Department of Homeland Security for securing vessels and maritime cargo bound for the United States, and the extent that such programs cover the critical components of the global supply chain. (2) The extent to which the components of the Department of Homeland Security responsible for maritime security issues have implemented leading practices in collaboration. (3) The extent to which the Department of Homeland Security has assessed the effectiveness of its maritime security strategy. (c) Report Not later than 1 year after initiating the study under subsection (a), the Comptroller General of the United States shall submit the results from the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 524. Study to modernize the merchant mariner licensing and documentation system (a) In general Not later than 90 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, a report on the financial, human, and information technology infrastructure resources needed to establish an electronic merchant mariner licensing and documentation system. (b) Legislative and regulatory suggestions The report described in paragraph (1) shall include recommendations for such legislative or administrative actions as the Commandant determines necessary to establish the electronic merchant mariner licensing and documentation system described in subsection (a) as soon as possible. 525. Study and report on development and maintenance of mariner records database (a) Study (1) In general The Secretary, in coordination with the Commandant and the Administrator of the Maritime Administration and the Commander of the United States Transportation Command, shall conduct a study on the potential benefits and feasibility of developing and maintaining a Coast Guard database that— (A) contains records with respect to each credentialed mariner, including credential validity, drug and alcohol testing results, and information on any final adjudicated agency action involving a credentialed mariner or regarding any involvement in a marine casualty; and (B) maintains such records in a manner such that data can be readily accessed by the Federal Government for the purpose of assessing workforce needs and for the purpose of the economic and national security of the United States. (2) Elements The study required under paragraph (1) shall— (A) include an assessment of the resources, including information technology, and authorities necessary to develop and maintain the database described in such paragraph; and (B) specifically address the protection of the privacy interests of any individuals whose information may be contained within the database, which shall include limiting access to the database or having access to the database be monitored by, or accessed through, a member of the Coast Guard. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to 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 subsection (a), including findings, conclusions, and recommendations. (c) Definitions In this section: (1) Credentialed mariner The term credentialed mariner means an individual with a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to title 46, United States Code. (2) Secretary The term Secretary means the Secretary of the Department in which the Coast Guard is operating. VI Sexual assault and sexual harassment prevention and response 601. Definitions (a) In general Section 2101 of title 46, United States Code, is amended— (1) by redesignating paragraphs (45) through (54) as paragraphs (47) through (56), respectively; and (2) by inserting after paragraph (44) the following: (45) sexual assault means any form of abuse or contact as defined in chapter 109A of title 18, or a substantially similar offense under a State, local, or Tribal law. (46) sexual harassment means any of the following: (A) Conduct towards an individual (which may have been by the individual's supervisor, a supervisor in another area, a coworker, or another credentialed mariner) that— (i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature, when— (I) submission to such conduct is made either explicitly or implicitly a term or condition of employment, pay, career, benefits, or entitlements of the individual; (II) any submission to, or rejection of, such conduct by the individual is used as a basis for decisions affecting the individual’s job, pay, career, benefits, or entitlements; or (III) such conduct has the purpose or effect of unreasonably interfering with the individual’s work performance or creates an intimidating, hostile, or offensive working environment; and (ii) is so severe or pervasive that a reasonable person would perceive, and the individual does perceive, the environment as hostile or offensive. (B) Any use or condonation by any person in a supervisory or command position of any form of sexual behavior to control, influence, or affect the career, pay, or job of an individual who is a subordinate to the person. (C) Any intentional or repeated unwelcome verbal comment or gesture of a sexual nature towards or about an individual by the individual's supervisor, a supervisor in another area, a coworker, or another credentialed mariner. . (b) Report The Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing any changes the Commandant may propose to the definitions added by the amendments in subsection (a). (c) Conforming amendments (1) Section 2113(3) of title 46, United States Code, is amended by striking section 2101(51)(A) and inserting section 2101(53)(A) . (2) Section 4105 of title 46, United States Code, is amended— (A) in subsections (b)(1) and (c), by striking section 2101(51) each place it appears and inserting section 2101(53) ; and (B) in subsection (d), by striking section 2101(51)(A) and inserting section 2101(53)(A) . (3) Section 1131(a)(1)(E) of title 49, United States Code, is amended by striking section 2101(46) and inserting 116 . 602. Convicted sex offender as grounds for denial (a) In general Chapter 75 of title 46, United States Code, is amended by adding at the end the following: 7511. Convicted sex offender as grounds for denial (a) Sexual abuse A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part shall be denied to an individual who has been convicted of a sexual offense prohibited under chapter 109A of title 18, except for subsection (b) of section 2244 of title 18, or a substantially similar offense under a State, local, or Tribal law. (b) Abusive sexual contact A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part may be denied to an individual who within 5 years before applying for the license, certificate, or document, has been convicted of a sexual offense prohibited under subsection (b) of section 2244 of title 18, or a substantially similar offense under a State, local, or Tribal law. . (b) Clerical amendment The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following: 7511. Convicted sex offender as grounds for denial. . 603. Accommodation; notices Section 11101 of title 46, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (3), by striking ; and and inserting a semicolon; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (5) each crew berthing area shall be equipped with information regarding— (A) vessel owner or company policies prohibiting sexual assault, sexual harassment, retaliation, and drug and alcohol use; and (B) procedures and resources to report allegations of sexual assault and sexual harassment, including information— (i) on the contact information, website address, and mobile application of the Coast Guard Investigative Services and the Coast Guard National Command Center, in order to report allegations of sexual assault or sexual harassment; (ii) on vessel owner or company procedures to report violations of company policy and access resources; (iii) on resources provided by outside organizations such as sexual assault hotlines and counseling; (iv) on the retention period for surveillance video recording after an incident of sexual harassment or sexual assault is reported; and (v) on additional items specified in regulations issued by, and at the discretion of, the Secretary. ; and (2) in subsection (d), by adding at the end the following: In each washing place in a visible location, there shall be information regarding procedures and resources to report alleged sexual assault and sexual harassment upon the vessel, and vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol use. . 604. Protection against discrimination Section 2114(a) of title 46, United States Code, is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively; and (B) by inserting after subparagraph (A) the following: (B) the seaman in good faith has reported or is about to report to the vessel owner, Coast Guard, or other appropriate Federal agency or department sexual harassment or sexual assault against the seaman or knowledge of sexual harassment or sexual assault against another seaman; ; and (2) in paragraphs (2) and (3), by striking paragraph (1)(B) each place it appears and inserting paragraph (1)(C) . 605. Alcohol at sea (a) In general The Commandant shall seek to enter into an agreement with the National Academy of Sciences not later than 1 year after the date of the enactment of this Act under which the National Academy of Sciences shall prepare an assessment to determine safe levels of alcohol consumption and possession by crew members aboard vessels of the United States engaged in commercial service, except when such possession is associated with the commercial sale to individuals aboard the vessel who are not crew members. (b) Assessment The assessment under this section shall— (1) take into account the safety and security of every individual on the vessel; (2) take into account reported incidences of sexual harassment or sexual assault, as defined in section 2101 of title 46, United States Code; and (3) provide any appropriate recommendations for any changes to laws, including regulations, or employer policies. (c) Submission Upon completion of the assessment under this section, the National Academy of Sciences shall submit the assessment to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Commandant, and the Secretary of the department in which the Coast Guard is operating. (d) Regulations (1) The Commandant— (A) shall review the findings and recommendations of the assessment under this section by not later than 180 days after receiving the assessment under subsection (c); and (B) taking into account the safety and security of every individual on vessels of the United States engaged in commercial service, may issue regulations relating to alcohol consumption on such vessels. (e) Report required If, by the date that is 2 years after the receipt of the assessment under subsection (c), the Commandant does not issue regulations under subsection (d), the Commandant shall provide a report by such date to the appropriate committees of Congress— (1) regarding the rationale for not issuing such regulations; and (2) providing other recommendations as necessary to ensure safety at sea. 606. Sexual harassment or sexual assault as grounds for suspension and revocation (a) In general Chapter 77 of title 46, United States Code, is amended by inserting after section 7704 the following: 7704a. Sexual harassment or sexual assault as grounds for suspension and revocation (a) Sexual harassment If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 10 years before the beginning of the suspension and revocation proceedings, is the subject of a substantiated claim of sexual harassment, then the license, certificate of registry, or merchant mariner’s document shall be suspended or revoked. (b) Sexual assault If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 20 years before the beginning of the suspension and revocation proceedings, is the subject of a substantiated claim of sexual assault, then the license, certificate of registry, or merchant mariner’s document shall be revoked. (c) Substantiated claim (1) In general In this section, the term substantiated claim means— (A) a legal proceeding or agency action in any administrative proceeding that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation and for which all appeals have been exhausted, as applicable; or (B) a determination after an investigation by the Coast Guard that it is more likely than not that the individual committed sexual harassment or sexual assault as defined in section 2101, if the determination affords appropriate due process rights to the subject of the investigation. (2) Investigation by the Coast Guard An investigation by the Coast Guard under paragraph (1)(B) shall include evaluation of the following materials that shall be provided to the Coast Guard: (A) Any inquiry or determination made by the employer of the individual as to whether the individual committed sexual harassment or sexual assault. (B) Upon request from the Coast Guard, any investigative materials, documents, records, or files in the possession of an employer or former employer of the individual that are related to the claim of sexual harassment or sexual assault by the individual. (3) Additional review A license, certificate of registry, or merchant mariner’s document shall not be suspended or revoked under subsection (a) or (b), unless the substantiated claim is reviewed and affirmed, in accordance with the applicable definition in section 2101, by an administrative law judge at the same suspension or revocation hearing under this chapter described in subsection (a) or (b), as applicable. . (b) Clerical amendment The analysis for chapter 77 of title 46, United States Code, is amended by inserting after the item relating to section 7704 the following: 7704a. Sexual harassment or sexual assault as grounds for suspension or revocation. . 607. Surveillance requirements (a) In general Part B of subtitle II of title 46, United States Code, is amended by adding at the end the following: 49 Oceangoing nonpassenger commercial vessels 4901. Surveillance requirements (a) Applicability (1) In general The requirements in this section shall apply to vessels engaged in commercial service that do not carry passengers and are any of the following: (A) A documented vessel with overnight accommodations for at least 10 persons on board that— (i) is on a voyage of at least 600 miles and crosses seaward of the boundary line; or (ii) is at least 24 meters (79 feet) in overall length and required to have a load line under chapter 51. (B) A documented vessel on an international voyage that is of— (i) at least 500 gross tons as measured under section 14502; or (ii) an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104. (C) A vessel with overnight accommodations for at least 10 persons on board that are operating for no less than 72 hours on waters superjacent to the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331(a) ). (2) Exception Notwithstanding paragraph (1), the requirements in this section shall not apply to any fishing vessel, fish processing vessel, or fish tender vessel. (b) Requirement for maintenance of video surveillance system Each vessel to which this section applies shall maintain a video surveillance system in accordance with this section. (c) Placement of video and audio surveillance equipment (1) In general The owner of a vessel to which this section applies shall install video and audio surveillance equipment aboard the vessel not later than 2 years after the date of enactment of the Coast Guard Authorization Act of 2022 , or during the next scheduled drydock, whichever is later. (2) Locations Video and audio surveillance equipment shall be placed in passageways onto which doors from staterooms open. Such equipment shall be placed in a manner ensuring the visibility of every door in each such passageway. (d) Notice of video and audio surveillance The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the crew of the presence of video and audio surveillance equipment. (e) Access to video and audio records (1) In general The owner of a vessel to which this section applies shall provide to any Federal, State, or other law enforcement official performing official duties in the course and scope of a criminal or marine safety investigation, upon request, a copy of all records of video and audio surveillance that the official believes is relevant to the investigation. (2) Civil actions Except as proscribed by law enforcement authorities or court order, the owner of a vessel to which this section applies shall, upon written request, provide to any individual or the individual’s legal representative a copy of all records of video and audio surveillance— (A) in which the individual is a subject of the video and audio surveillance; (B) if the request is in conjunction with a legal proceeding or investigation; and (C) that may provide evidence of any sexual harassment or sexual assault incident in a civil action. (3) Limited access The owner of a vessel to which this section applies shall ensure that access to records of video and audio surveillance is limited to the purposes described in this section and not used as part of a labor action against a crew member or employment dispute unless used in a criminal or civil action. (f) Retention requirements The owner of a vessel to which this section applies shall retain all records of audio and video surveillance for not less than 4 years after the footage is obtained. Any video and audio surveillance found to be associated with an alleged incident of sexual harassment or sexual assault shall be retained by such owner for not less than 10 years from the date of the alleged incident. The Federal Bureau of Investigation and the Coast Guard are authorized access to all records of video and audio surveillance relevant to an investigation into criminal conduct. (g) Personnel training A vessel owner, managing operator, or employer of a seafarer (in this subsection referred to as the company ) shall provide training for all individuals employed by the company for the purpose of responding to incidents of sexual assault or sexual harassment, including— (1) such training to ensure the individuals— (A) retain audio and visual records and other evidence objectively; and (B) act impartially without influence from the company or others; and (2) training on applicable Federal, State, Tribal, and local laws and regulations regarding sexual assault and sexual harassment investigations and reporting requirements. (h) Definition of owner In this section, the term owner means the owner, charterer, managing operator, master, or other individual in charge of a vessel. . (b) Clerical amendment The analysis of subtitle II at the beginning of title 46, United States Code, is amended by adding after the item relating to chapter 47 the following: Chapter 49—Oceangoing nonpassenger commercial vessels . 608. Master key control (a) In general Chapter 31 of title 46, United States Code, is amended by adding at the end the following: 3106. Master key control system (a) In general The owner of a vessel subject to inspection under section 3301 shall— (1) ensure that such vessel is equipped with a vessel master key control system, manual or electronic, which provides controlled access to all copies of the vessel’s master key of which access shall only be available to the individuals described in paragraph (2); (2) (A) establish a list of all crew members, identified by position, allowed to access and use the master key; and (B) maintain such list upon the vessel within owner records and include such list in the vessel safety management system under section 3203(a)(6); (3) record in a log book, which may be electronic and shall be included in the safety management system under section 3203(a)(6), information on all access and use of the vessel’s master key, including— (A) dates and times of access; (B) the room or location accessed; and (C) the name and rank of the crew member that used the master key; and (4) make the list under paragraph (2) and the log book under paragraph (3) available upon request to any agent of the Federal Bureau of Investigation, any member of the Coast Guard, and any law enforcement officer performing official duties in the course and scope of an investigation. (b) Prohibited use A crew member not included on the list described in subsection (a)(2) shall not have access to or use the master key unless in an emergency and shall immediately notify the master and owner of the vessel following access to or use of such key. (c) Penalty Any crew member who violates subsection (b) shall be liable to the United States Government for a civil penalty of not more than $1,000, and may be subject to suspension or revocation under section 7703. . (b) Clerical amendment The analysis for chapter 31 of title 46, United States Code, is amended by adding at the end the following: 3106. Master key control system. . 609. Safety management systems Section 3203 of title 46, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively; and (B) by inserting after paragraph (4) the following: (5) with respect to sexual harassment and sexual assault, procedures and annual training requirements for all responsible persons and vessels to which this chapter applies on— (A) prevention; (B) bystander intervention; (C) reporting; (D) response; and (E) investigation; (6) the list required under section 3106(a)(2) and the log book required under section 3106(a)(3); ; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and (3) by inserting after subsection (a) the following: (b) Procedures and training requirements In prescribing regulations for the procedures and training requirements described in subsection (a)(5), such procedures and requirements shall be consistent with the requirements to report sexual harassment or sexual assault under section 10104. (c) Audits (1) In general Upon discovery of a failure of a responsible person or vessel to comply with a requirement under section 10104 during an audit of a safety management system or from other sources of information acquired by the Coast Guard (including an audit or systematic review under section 10104(g)), the Secretary shall audit the safety management system of a vessel under this section to determine if there is a failure to comply with any other requirement under section 10104. (2) Certificates (A) Suspension During an audit of a safety management system of a vessel required under paragraph (1), the Secretary may suspend the Safety Management Certificate issued for the vessel under section 3205 and issue a separate Safety Management Certificate for the vessel to be in effect for a 3-month period beginning on the date of the issuance of such separate certificate. (B) Revocation At the conclusion of an audit of a safety management system required under paragraph (1), the Secretary shall revoke the Safety Management Certificate issued for the vessel under section 3205 if the Secretary determines— (i) that the holder of the Safety Management Certificate knowingly, or repeatedly, failed to comply with section 10104; or (ii) other failure of the safety management system resulted in the failure to comply with such section. (3) Documents of compliance (A) In general Following an audit of the safety management system of a vessel required under paragraph (1), the Secretary may audit the safety management system of the responsible person for the vessel. (B) Suspension During an audit under subparagraph (A), the Secretary may suspend the Document of Compliance issued to the responsible person under section 3205 and issue a separate Document of Compliance to such person to be in effect for a 3-month period beginning on the date of the issuance of such separate document. (C) Revocation At the conclusion of an assessment or an audit of a safety management system under subparagraph (A), the Secretary shall revoke the Document of Compliance issued to the responsible person if the Secretary determines— (i) that the holder of the Document of Compliance knowingly, or repeatedly, failed to comply with section 10104; or (ii) that other failure of the safety management system resulted in the failure to comply with such section. . 610. Requirement to report sexual assault and harassment Section 10104 of title 46, United States Code, is amended by striking subsections (a) and (b) and inserting the following: (a) Mandatory reporting by crew members (1) In general A crew member of a documented vessel shall report to the Commandant in accordance with subsection (c) any complaint or incident of sexual harassment or sexual assault of which the crew member has firsthand or personal knowledge. (2) Penalty Except as provided in paragraph (3), a crew member with firsthand or personal knowledge of a sexual assault or sexual harassment incident on a documented vessel who knowingly fails to report in compliance with paragraph (1) is liable to the United States Government for a civil penalty of not more than $25,000. (3) Amnesty A crew member who knowingly fails to make the required reporting under paragraph (1) shall not be subject to the penalty described in paragraph (2) if the complaint is shared in confidence with the crew member directly from the individual who experienced the sexual harassment or sexual assault or the crew member is a victim advocate as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (b) Mandatory reporting by vessel owner, master, managing operator, or employer (1) In general A vessel owner, master, or managing operator of a documented vessel or the employer of a seafarer on that vessel shall report to the Commandant in accordance with subsection (c) any complaint or incident of sexual harassment or sexual assault involving a crew member in violation of employer policy or law of which such vessel owner or managing operator is made aware. Such reporting shall include results of any investigation into the incident, if applicable, and any action taken against the offending crew member. (2) Penalty A vessel owner, master, or managing operator of a documented vessel or the employer of a seafarer on that vessel who knowingly fails to report in compliance with paragraph (1) is liable to the United States Government for a civil penalty of not more than $50,000. (c) Reporting procedures (1) Timing (A) Reports by crew members A report required under subsection (a) shall be made as soon as practicable, but not later than 10 days after the individual develops firsthand or personal knowledge of the sexual assault or sexual harassment incident, to the Commandant by the fastest telecommunications channel available. (B) Reports by vessel owners, masters, managing operators, or employers A report required under subsection (b) shall be made immediately after the vessel owner, master, managing operator, or employer of the seafarer gains knowledge of a sexual assault or sexual harassment incident by the fastest telecommunications channel available. Such report shall be made to the Commandant and the appropriate officer or agency of the government of the country in whose waters the incident occurs. (2) Contents A report required under subsection (a) or (b) shall include, to the best of the knowledge of the individual making the report— (A) the name, official position or role in relation to the vessel, and contact information of the individual making the report; (B) the name and official number of the documented vessel; (C) the time and date of the incident; (D) the geographic position or location of the vessel when the incident occurred; and (E) a brief description of the alleged sexual harassment or sexual assault being reported. (3) Receiving reports and collection of information (A) Receiving reports With respect to reports submitted under this subsection to the Coast Guard, the Commandant— (i) may establish additional reporting procedures, including procedures for receiving reports through— (I) a telephone number that is continuously manned at all times; and (II) an email address that is continuously monitored; and (ii) shall use procedures that include preserving evidence in such reports and providing emergency service referrals. (B) Collection of information After receiving a report under this subsection, the Commandant shall collect information related to the identity of each alleged victim, alleged perpetrator, and witness identified in the report through a means designed to protect, to the extent practicable, the personal identifiable information of such individuals. (d) Subpoena authority (1) In general The Commandant may compel the testimony of witnesses and the production of any evidence by subpoena to determine compliance with this section. (2) Jurisdictional limits The jurisdictional limits of a subpoena issued under this section are the same as, and are enforceable in the same manner as, subpoenas issued under chapter 63 of this title. (e) Company after-Action summary A vessel owner, master, managing operator, or employer of a seafarer that makes a report under subsection (b), or becomes aware of a report made under subsection (a) that involves an individual employed by the owner, master, operator, or employer at the time of the sexual assault or sexual harassment incident, shall— (1) submit to the Commandant a document with detailed information to describe the actions taken by the vessel owner, master, managing operator, or employer of a seafarer after it became aware of the sexual assault or sexual harassment incident; and (2) make such submission not later than 10 days after the vessel owner, master, managing operator, or employer of a seafarer made the report under subsection (b), or became aware of a report made under subsection (a) that involves an individual employed by the owner, master, operator, or employer at the time of the sexual assault or sexual harassment incident. (f) Required company records A vessel owner, master, managing operator, or employer of a seafarer shall— (1) submit to the Commandant copies of all records, including documents, files, recordings, statements, reports, investigatory materials, findings, and any other materials requested by the Commandant related to the claim of sexual assault or sexual harassment; and (2) make such submission not later than 14 days after— (A) the vessel owner, master, managing operator, or employer of a seafarer submitted a report under subsection (b); or (B) the vessel owner, master, managing operator, or employer of a seafarer acquired knowledge of a report made under subsection (a) that involved individuals employed by the vessel owner, master, managing operator, or employer of a seafarer. (g) Investigatory audit The Commandant shall periodically perform an audit or other systematic review of the submissions made under this section to determine if there were any failures to comply with the requirements of this section. (h) Civil penalty A vessel owner, master, managing operator, or employer of a seafarer that fails to comply with subsection (e) or (f) is liable to the United States Government for a civil penalty of $50,000 for each day a failure continues. (i) Applicability; regulations (1) Effective date The requirements of this section take effect on the date of enactment of the Coast Guard Authorization Act of 2022 . (2) Regulations The Commandant may issue regulations to implement the requirements of this section. (3) Reports Any report required to be made to the Commandant under this section shall be made to the Coast Guard National Command Center, until regulations establishing other reporting procedures are issued. . 611. Civil actions for personal injury or death of seamen (a) Personal injury to or death of seamen Section 30104 of title 46, United States Code, is amended by inserting , including an injury resulting from sexual assault or sexual harassment (as such terms are defined in section 2101), after in the course of employment . (b) Time limit on bringing maritime action Section 30106 of title 46, United States Code, is amended— (1) in the section heading, by striking for personal injury or death ; (2) by striking Except as otherwise and inserting the following: (a) In general Except as otherwise ; and (3) by adding at the end the following: (b) Extension for sexual offense A civil action under subsection (a) arising out of a maritime tort for a claim of sexual harassment or sexual assault, as such terms are defined in section 2101, shall be brought not later than 5 years after the cause of action for a claim of sexual harassment or sexual assault arose. . (c) Clerical amendment The analysis for chapter 301 of title 46, United States Code, is amended by striking the item relating to section 30106 and inserting the following: 30106. Time limit on bringing maritime action. . 612. Administration of sexual assault forensic examination kits (a) In general Subchapter IV of chapter 5 of title 14, United States Code, is amended by adding at the end the following: 564. Administration of sexual assault forensic examination kits (a) Sexual assault forensic exam procedure (1) In general Before embarking on any prescheduled voyage, a Coast Guard vessel shall have in place a written operating procedure that ensures that an embarked victim of sexual assault shall have access to a sexual assault forensic examination— (A) as soon as possible after the victim requests an examination; and (B) that is treated with the same level of urgency as emergency medical care. (2) Requirements The written operating procedure required by paragraph (1), shall, at a minimum, account for— (A) the health, safety, and privacy of a victim of sexual assault; (B) the proximity of ashore or afloat medical facilities, including coordination as necessary with the Department of Defense, including other military departments (as defined in section 101 of title 10, United States Code); (C) the availability of aeromedical evacuation; (D) the operational capabilities of the vessel concerned; (E) the qualifications of medical personnel onboard; (F) coordination with law enforcement and the preservation of evidence; (G) the means of accessing a sexual assault forensic examination and medical care with a restricted report of sexual assault; (H) the availability of nonprescription pregnancy prophylactics; and (I) other unique military considerations. . (b) Study (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall seek to enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study to assess the feasibility of the development of a self-administered sexual assault forensic examination for use by victims of sexual assault onboard a vessel at sea. (2) Elements The study under paragraph (1) shall— (A) take into account— (i) the safety and security of the alleged victim of sexual assault; (ii) the ability to properly identify, document, and preserve any evidence relevant to the allegation of sexual assault; and (iii) the applicable criminal procedural laws relating to authenticity, relevance, preservation of evidence, chain of custody, and any other matter relating to evidentiary admissibility; and (B) provide any appropriate recommendation for changes to existing laws, regulations, or employer policies. (3) Report Upon completion of the study under paragraph (1), the National Academy of Sciences shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Secretary of the department in which the Coast Guard is operating a report on the findings of the study. (c) Clerical amendment The analysis for subchapter IV of chapter 5 of title 14, United States Code, is amended by adding at the end the following: 564. Administration of sexual assault forensic examination kits. . 613. Reports to Congress (a) In general Chapter 101 of title 46, United States Code, is amended by adding at the end the following: 10105. Reports to Congress Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2022 , and on an annual basis thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report to include— (1) the number of reports received under section 10104; (2) the number of penalties issued under such section; (3) the number of open investigations under such section, completed investigations under such section, and the outcomes of such open or completed investigations; (4) the number of assessments or audits conducted under section 3203 and the outcome of those assessments or audits; (5) a statistical analysis of compliance with the safety management system criteria under section 3203; (6) the number of credentials denied or revoked due to sexual harassment, sexual assault, or related offenses; and (7) recommendations to support efforts of the Coast Guard to improve investigations and oversight of sexual harassment and sexual assault in the maritime sector, including funding requirements and legislative change proposals necessary to ensure compliance with title VI of the Coast Guard Authorization Act of 2022 and the amendments made by such title. . (b) Clerical amendment The analysis for chapter 101 of title 46, United States Code, is amended by adding at the end the following: 10105. Reports to Congress. . 614. Policy on requests for permanent changes of station or unit transfers by persons who report being the victim of sexual assault Not later than 30 days after the date of the enactment of this Act, the Commandant, in consultation with the Director of the Health, Safety, and Work Life Directorate, shall issue an interim update to Coast Guard policy guidance to allow a member of the Coast Guard who has reported being the victim of a sexual assault or any other offense covered by section 920, 920c, or 930 of title 10, United States Code (article 120, 120c, or 130 of the Uniform Code of Military Justice) to request an immediate change of station or a unit transfer. The final policy shall be updated not later than 1 year after the date of the enactment of this Act. 615. Sex offenses and personnel records Not later than 180 days after the date of the enactment of this Act, the Commandant shall issue final regulations or policy guidance required to fully implement section 1745 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 1561 note). 616. Study on Coast Guard oversight and investigations (a) In general Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study to assess the oversight over Coast Guard activities, including investigations, personnel management, whistleblower protection, and other activities carried out by the Department of Homeland Security Office of Inspector General. (b) Elements The study required by subsection (a) shall include the following: (1) An analysis of the ability of the Department of Homeland Security Office of Inspector General to ensure timely, thorough, complete, and appropriate oversight over the Coast Guard, including oversight over both civilian and military activities. (2) An assessment of— (A) the best practices with respect to such oversight; and (B) the ability of the Department of Homeland Security Office of Inspector General and the Commandant to identify and achieve such best practices. (3) An analysis of the methods, standards, and processes employed by the Department of Defense Office of Inspector General and the Inspectors General of the Armed Forces (as defined in section 101 of title 10, United States Code), other than the Coast Guard, to conduct oversight and investigation activities. (4) An analysis of the methods, standards, and processes of the Department of Homeland Security Office of Inspector General with respect to oversight over the civilian and military activities of the Coast Guard, as compared to the methods, standards, and processes described in paragraph (3). (5) An assessment of the extent to which the Coast Guard Investigative Service completes investigations or other disciplinary measures after referral of complaints from the Department of Homeland Security Office of Inspector General. (6) A description of the staffing, expertise, training, and other resources of the Department of Homeland Security Office of Inspector General, and an assessment as to whether such staffing, expertise, training, and other resources meet the requirements necessary for meaningful, timely, and effective oversight over the activities of the Coast Guard. (c) Report Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to 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 findings of the study, including recommendations with respect to oversight over Coast Guard activities. 617. Study on Special Victims' Counsel program (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall enter into an agreement with a federally funded research and development center for the conduct of a study on— (1) the Special Victims' Counsel program of the Coast Guard; (2) Coast Guard investigations of sexual assault offenses for cases in which the subject of the investigation is no longer under jeopardy for the alleged misconduct for reasons including the death of the accused, a lapse in the statute of limitations for the alleged offense, and a fully adjudicated criminal trial of the alleged offense in which all appeals have been exhausted; and (3) legal support and representation provided to members of the Coast Guard who are victims of sexual assault, including in instances in which the accused is a member of the Army, Navy, Air Force, Marine Corps, or Space Force. (b) Elements The study required by subsection (a) shall assess the following: (1) The Special Victims' Counsel program of the Coast Guard, including training, effectiveness, capacity to handle the number of cases referred, and experience with cases involving members of the Coast Guard and members of another Armed Force (as defined in section 101 of title 10, United States Code). (2) The experience of Special Victims' Counsels in representing members of the Coast Guard during a court-martial. (3) Policies concerning the availability and detailing of Special Victims' Counsels for sexual assault allegations, in particular such allegations in which the accused is a member of another Armed Force (as defined in section 101 of title 10, United States Code), and the impact that the cross-service relationship had on— (A) the competence and sufficiency of services provided to the alleged victim; and (B) the interaction between— (i) the investigating agency and the Special Victims' Counsels; and (ii) the prosecuting entity and the Special Victims' Counsels. (4) Training provided to, or made available for, Special Victims’ Counsels and paralegals with respect to Department of Defense processes for conducting sexual assault investigations and Special Victims’ Counsel representation of sexual assault victims. (5) The ability of Special Victims' Counsels to operate independently without undue influence from third parties, including the command of the accused, the command of the victim, the Judge Advocate General of the Coast Guard, and the Deputy Judge Advocate General of the Coast Guard. (6) The skill level and experience of Special Victims' Counsels, as compared to special victims' counsels available to members of the Army, Navy, Air Force, Marine Corps, and Space Force. (7) Policies regarding access to an alternate Special Victims' Counsel, if requested by the member of the Coast Guard concerned, and potential improvements for such policies. (c) Report Not later than 180 days after entering into an agreement under subsection (a), the federally funded research and development center shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) the findings of the study required by that subsection; (2) recommendations to improve the coordination, training, and experience of Special Victims' Counsels of the Coast Guard so as to improve outcomes for members of the Coast Guard who have reported sexual assault; and (3) any other recommendation the federally funded research and development center considers appropriate. VII National Oceanic and Atmospheric Administration A National Oceanic and Atmospheric Administration Commissioned Officer Corps 701. Definitions Section 212(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3002(b) ) is amended by adding at the end the following: (8) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. . 702. Requirement for appointments Section 221(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3021(c) ) is amended by striking may not be given and inserting the following: “may— (1) be given only to an individual who is a citizen of the United States; and (2) not be given . 703. Repeal of requirement to promote ensigns after 3 years of service (a) In general Section 223 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3023 ) is amended to read as follows: 223. Separation of ensigns found not fully qualified If an officer in the permanent grade of ensign is at any time found not fully qualified, the officer's commission shall be revoked and the officer shall be separated from the commissioned service. . (b) Clerical amendment The table of contents in section 1 of the Act entitled An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes ( Public Law 107–372 ) is amended by striking the item relating to section 223 and inserting the following: Sec. 223. Separation of ensigns found not fully qualified. . 704. Authority to provide awards and decorations (a) In general Subtitle A of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3001 et seq. ) is amended by adding at the end the following: 220. Awards and decorations The Under Secretary may provide ribbons, medals, badges, trophies, and similar devices to members of the commissioned officer corps of the Administration and to members of other uniformed services for service and achievement in support of the missions of the Administration. . (b) Clerical amendment The table of contents in section 1 of the Act entitled An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes ( Public Law 107–372 ) is amended by inserting after the item relating to section 219 the following: Sec. 220. Awards and decorations. . 705. Retirement and separation (a) Involuntary retirement or separation Section 241(a)(1) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3041(a)(1) ) is amended to read as follows: (1) an officer in the permanent grade of captain or commander may— (A) except as provided by subparagraph (B), be transferred to the retired list; or (B) if the officer is not qualified for retirement, be separated from service; and . (b) Retirement for age Section 243(a) of that Act ( 33 U.S.C. 3043(a) ) is amended by striking be retired and inserting be retired or separated (as specified in section 1251(e) of title 10, United States Code) . (c) Retirement or separation based on years of creditable service Section 261(a) of that Act ( 33 U.S.C. 3071(a) ) is amended— (1) by redesignating paragraphs (17) through (26) as paragraphs (18) through (27), respectively; and (2) by inserting after paragraph (16) the following: (17) Section 1251(e), relating to retirement or separation based on years of creditable service. . 706. Licensure of health-care professionals Section 263 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3073 ) is amended— (1) by striking The Secretary and inserting (a) In general .—The Secretary ; and (2) by adding at the end the following: (b) Licensure of health-Care professionals (1) In general Notwithstanding any other provision of law regarding the licensure of health-care providers, a health-care professional described in paragraph (2) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, or in any other area within or beyond the jurisdiction of the United States, regardless of where the health-care professional or the patient of the health-care professional is located, if the practice is within the scope of the authorized Federal duties of the health-care professional. (2) Health-care professional described A health-care professional described in this paragraph is a health-care professional— (A) who is— (i) a member of the commissioned officer corps of the Administration; (ii) a civilian employee of the Administration; (iii) an officer or employee of the Public Health Service who is assigned or detailed to the Administration; or (iv) any other health-care professional credentialed and privileged at a Federal health-care institution or location specially designated by the Secretary; and (B) who— (i) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and (ii) is performing authorized duties for the Administration. (3) Definitions In this subsection: (A) Health-care professional The term health-care professional has the meaning given that term in section 1094(e) of title 10, United States Code, except that such section shall be applied and administered by substituting ‘Secretary of Commerce’ for ‘Secretary of Defense’ each place it appears. (B) License The term license has the meaning given that term in such section. . 707. Improving professional mariner staffing (a) In general Subtitle E of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3071 et seq. ) is amended by adding at the end the following: 269B. Shore leave for professional mariners (a) In general The Under Secretary may prescribe regulations relating to shore leave for professional mariners without regard to the requirements of section 6305 of title 5, United States Code. (b) Requirements The regulations prescribed under subsection (a) shall— (1) require that a professional mariner serving aboard an ocean-going vessel be granted a leave of absence of four days per pay period; and (2) provide that a professional mariner serving in a temporary promotion position aboard a vessel may be paid the difference between the mariner's temporary and permanent rates of pay for leave accrued while serving in the temporary promotion position. (c) Professional mariner defined In this section, the term professional mariner means an individual employed on a vessel of the Administration who has the necessary expertise to serve in the engineering, deck, steward, electronic technician, or survey department. . (b) Clerical amendment The table of contents in section 1 of the Act entitled An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes ( Public Law 107–372 ) is amended by inserting after the item relating to section 269A the following: Sec. 269B. Shore leave for professional mariners. . 708. Legal assistance Section 1044(a)(3) of title 10, United States Code, is amended by inserting or the commissioned officer corps of the National Oceanic and Atmospheric Administration after Public Health Service . 709. Acquisition of aircraft for extreme weather reconnaissance (a) Increased fleet capacity (1) In general The Under Secretary of Commerce for Oceans and Atmosphere shall acquire adequate aircraft platforms with the necessary observation and modification requirements— (A) to meet agency-wide air reconnaissance and research mission requirements, particularly with respect to hurricanes and tropical cyclones, and also for atmospheric chemistry, climate, air quality for public health, full-season fire weather research and operations, full-season atmospheric river air reconnaissance observations, and other mission areas; and (B) to ensure data and information collected by the aircraft are made available to all users for research and operations purposes. (2) Contracts In carrying out paragraph (1), the Under Secretary shall negotiate and enter into 1 or more contracts or other agreements, to the extent practicable and necessary, with 1 or more governmental, commercial, or nongovernmental entities. (3) Derivation of funds For each of fiscal years 2023 through 2026, amounts to support the implementation of paragraphs (1) and (2) shall be derived— (A) from amounts appropriated to the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration and available for the purpose of atmospheric river reconnaissance; and (B) if amounts described in subparagraph (A) are insufficient to support the implementation of paragraphs (1) and (2), from amounts appropriated to that Office and available for purposes other than atmospheric river reconnaissance. (b) Acquisition of aircraft To replace the WP–3D aircraft (1) In general Not later than September 30, 2023, the Under Secretary shall enter into a contract for the acquisition of 6 aircraft to replace the WP–3D aircraft that provides for— (A) the first newly acquired aircraft to be fully operational before the retirement of the last WP–3D aircraft operated by the National Oceanic and Atmospheric Administration; and (B) the second newly acquired aircraft to be fully operational not later than 1 year after the first such aircraft is required to be fully operational under subparagraph (A). (2) Authorization of appropriations There is authorized to be appropriated to the Under Secretary $1,800,000,000, without fiscal year limitation, for the acquisition of the aircraft under paragraph (1). 710. Report on professional mariner staffing models (a) In general Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the committees specified in subsection (c) a report on staffing issues relating to professional mariners within the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration. (b) Elements The report required by subsection (a) shall include consideration of— (1) the challenges the Office of Marine and Aviation Operations faces in recruiting and retaining qualified professional mariners; (2) workforce planning efforts to address those challenges; and (3) other models or approaches that exist, or are under consideration, to provide incentives for the retention of qualified professional mariners. (c) Committees specified The committees specified in this subsection are— (1) the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives. (d) Professional mariner defined In this section, the term professional mariner means an individual employed on a vessel of the National Oceanic and Atmospheric Administration who has the necessary expertise to serve in the engineering, deck, steward, or survey department. B Other Matters 711. Conveyance of certain property of the National Oceanic and Atmospheric Administration in Juneau, Alaska (a) Definitions In this section: (1) City The term City means the City and Borough of Juneau, Alaska. (2) Master Plan The term Master Plan means the Juneau Small Cruise Ship Infrastructure Master Plan released by the Docks and Harbors Board and Port of Juneau for the City and dated March 2021. (3) Property The term Property means the parcel of real property consisting of approximately 2.4 acres, including tidelands, owned by the United States and under administrative custody and control of the National Oceanic and Atmospheric Administration and located at 250 Egan Drive, Juneau, Alaska, including any improvements thereon that are not authorized or required by another provision of law to be conveyed to a specific individual or entity. (4) Secretary The term Secretary means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere and the Administrator of the National Oceanic and Atmospheric Administration. (b) Conveyance authorized (1) In general The Secretary may convey, at fair market value, all right, title, and interest of the United States in and to the Property, subject to subsection (c) and the requirements of this section. (2) Termination of authority The authority provided by paragraph (1) shall terminate on the date that is 3 years after the date of the enactment of this Act. (c) Right of first refusal The City shall have the right of first refusal with respect to the purchase, at fair market value, of the Property. (d) Survey The exact acreage and legal description of the Property shall be determined by a survey satisfactory to the Secretary. (e) Condition; quitclaim deed If the Property is conveyed under this section, the Property shall be conveyed— (1) in an as is, where is condition; and (2) via a quitclaim deed. (f) Fair market value (1) In general The fair market value of the Property shall be— (A) determined by an appraisal that— (i) is conducted by an independent appraiser selected by the Secretary; and (ii) meets the requirements of paragraph (2); and (B) adjusted, at the Secretary's discretion, based on the factors described in paragraph (3). (2) Appraisal requirements An appraisal conducted under paragraph (1)(A) shall be conducted in accordance with nationally recognized appraisal standards, including— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (3) Factors The factors described in this paragraph are— (A) matters of equity and fairness; (B) actions taken by the City regarding the Property, if the City exercises its right of first refusal under subsection (c), including— (i) comprehensive waterfront planning, site development, and other redevelopment activities supported by the City in proximity to the Property in furtherance of the Master Plan; (ii) in-kind contributions made to facilitate and support use of the Property by governmental agencies; and (iii) any maintenance expenses, capital improvement, or emergency expenditures made necessary to ensure public safety and access to and from the Property; and (C) such other factors as the Secretary considers appropriate. (g) Costs of conveyance If the City exercises its right of first refusal under subsection (c), all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance of the Property to the City under this section may be shared equitably by the Secretary and the City, as determined by the Secretary, including with the City providing in-kind contributions for any or all of such costs. (h) Proceeds Notwithstanding section 3302 of title 31, United States Code, or any other provision of law, any proceeds from a conveyance of the Property under this section shall— (1) be deposited in an account or accounts of the National Oceanic and Atmospheric Administration that exists as of the date of the enactment of this Act; (2) used to cover costs associated with the conveyance, related relocation efforts, and other facility and infrastructure projects in Alaska; and (3) remain available until expended, without further appropriation. (i) Memorandum of agreement If the City exercises its right of first refusal under subsection (c), before finalizing a conveyance to the City under this section, the Secretary and the City shall enter into a memorandum of agreement to establish the terms under which the Secretary shall have future access to, and use of, the Property to accommodate the reasonable expectations of the Secretary for future operational and logistical needs in southeast Alaska. (j) Reservation or easement for access and use The conveyance authorized under this section shall be subject to a reservation providing, or an easement granting, the Secretary, at no cost to the United States, a right to access and use the Property that— (1) is compatible with the Master Plan; and (2) authorizes future operational access and use by other Federal, State, and local government agencies that have customarily used the Property. (k) Liability (1) After conveyance An individual or entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out on or after the date and time of the conveyance of the Property. (2) Before conveyance The United States shall remain responsible for any liability the United States incurred with respect to activities the United States carried out on the Property before the date and time of the conveyance of the Property. (l) Additional terms and conditions The Secretary may require such additional terms and conditions in connection with a conveyance under this section as the Secretary considers appropriate and reasonable to protect the interests of the United States. (m) Environmental compliance Nothing in this section may be construed to affect or limit the application of or obligation to comply with any applicable environmental law, including— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (2) section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ). (n) Conveyance not a major Federal action A conveyance under this section shall not be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ). VIII Technical, conforming, and clarifying amendments 801. Technical corrections (a) Section 319(b) of title 14, United States Code, is amended by striking section 331 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note) and inserting section 44801 of title 49 . (b) Section 1156(c) of title 14, United States Code, is amended by striking section 331 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note) and inserting section 44801 of title 49 . 802. Reinstatement (a) Reinstatement The text of section 12(a) of the Act of June 21, 1940 ( 33 U.S.C. 522(a) ), popularly known as the Truman-Hobbs Act, is— (1) reinstated as it appeared on the day before the date of the enactment of section 8507(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4754); and (2) redesignated as the sole text of section 12 of the Act of June 21, 1940 ( 33 U.S.C. 522 ). (b) Effective date The provision reinstated by subsection (a) shall be treated as if such section 8507(b) had never taken effect. (c) Conforming amendment The provision reinstated under subsection (a) is amended by striking , except to the extent provided in this section . 803. Terms and vacancies Section 46101(b) of title 46, United States Code, is amended— (1) in paragraph (2)— (A) by striking one year and inserting 2 years ; and (B) by striking 2 terms and inserting 3 terms ; and (2) in paragraph (3)— (A) by striking of the individual being succeeded and inserting to which such individual is appointed ; (B) by striking 2 terms and inserting 3 terms ; and (C) by striking the predecessor of that and inserting such . | https://www.govinfo.gov/content/pkg/BILLS-117s4802is/xml/BILLS-117s4802is.xml |
117-s-4803 | II 117th CONGRESS 2d Session S. 4803 IN THE SENATE OF THE UNITED STATES September 8, 2022 Ms. Warren (for herself, Mr. Blumenthal , Mrs. Gillibrand , Ms. Baldwin , Mr. Brown , Mr. Cardin , Mr. Booker , Mr. Markey , Mr. Sanders , Ms. Klobuchar , Ms. Hirono , Mr. Merkley , Ms. Smith , Ms. Stabenow , Ms. Hassan , Ms. Duckworth , Mr. Wyden , Mr. Luján , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To repeal the authority under the National Labor Relations Act for States to enact laws prohibiting agreements requiring membership in a labor organization as a condition of employment, and for other purposes.
1. Short title This Act may be cited as the Nationwide Right To Unionize Act . 2. Preempting State right-to-work laws Subsection (b) of section 14 of the National Labor Relations Act ( 29 U.S.C. 164 ) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s4803is/xml/BILLS-117s4803is.xml |
117-s-4804 | II 117th CONGRESS 2d Session S. 4804 IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Murphy (for himself, Ms. Smith , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for civil monetary penalties for violations of mental health parity requirements.
1. Short title This Act may be cited as the Parity Enforcement Act of 2022 . 2. Civil monetary penalties for parity violations (a) Civil monetary penalties relating to parity in mental health and substance use disorders Section 502(c)(10) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c)(10)(A) ) is amended— (1) in the heading, by striking use of genetic information and inserting use of genetic information and parity in mental health and substance use disorder benefits ; and (2) in subparagraph (A)— (A) by striking any plan sponsor of a group health plan and inserting any plan sponsor or plan administrator of a group health plan ; and (B) by striking for any failure and all that follows through in connection with the plan. and inserting for any failure by such sponsor, administrator, or issuer, in connection with the plan— (i) to meet the requirements of subsection (a)(1)(F), (b)(3), (c), or (d) of section 702 or section 701 or 702(b)(1) with respect to genetic information; or (ii) to meet the requirements of subsection (a) of section 712 with respect to parity in mental health and substance use disorder benefits. . (b) Exception to the general prohibition on enforcement Section 502 of such Act ( 29 U.S.C. 1132 ) is amended— (1) in subsection (a)(6), by striking or (9) and inserting (9), or (10) ; and (2) in subsection (b)(3)— (A) by striking subsections (c)(9) and (a)(6) and inserting subsections (c)(9), (c)(10), and (a)(6) ; (B) by striking under subsection (c)(9)) and inserting under subsections (c)(9) and (c)(10)), and except with respect to enforcement by the Secretary of section 712 ; and (C) by striking 706(a)(1) and inserting 733(a)(1) . (c) Effective date The amendments made by subsection (a) shall apply with respect to group health plans, or any health insurance issuer offering health insurance coverage in connection with such plan, for plan years beginning after the date that is 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4804is/xml/BILLS-117s4804is.xml |
117-s-4805 | II 117th CONGRESS 2d Session S. 4805 IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Cornyn (for himself, Mrs. Shaheen , Mr. Tillis , Mr. Durbin , Mr. Wicker , Mr. King , Mr. Rubio , Mr. Blumenthal , Mrs. Blackburn , Ms. Hassan , Mr. Scott of Florida , Mr. Peters , Mr. Sullivan , Mr. Graham , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide for emergency acquisition authority in the event of armed attack against a United States ally or partner by a foreign adversary of the United States.
1. Short title This Act may be cited as the Securing American Acquisitions, Readiness, and Military Stockpiles Act of 2022 or the Securing American ARMS Act of 2022 . 2. Emergency acquisition authority Section 3204 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (6), by striking ; or and inserting a semicolon; (B) in paragraph (7), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following new paragraph: (8) the head of the agency— (A) determines that the use of procedures other than competitive procedures is necessary to— (i) replenish United States stockpiles with like defense articles when those stockpiles are diminished as a result of the United States providing defense articles in response to an armed attack, by a foreign adversary of the United States (as that term is defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c) )) against— (I) a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, entitled, To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes (56 Stat. 1028, chapter 668; 42 U.S.C. 1711(d) )); or (II) a United States partner; or (ii) to contract for the movement or delivery of defense articles transferred to such ally or partner through the President's drawdown authorities in connection with such response; provided that the United States is not a party to the hostilities; and (B) submits to the congressional defense committees written notification of the use of such procedures within one week after such use. ; and (2) in subsection (e)(1), by striking and (7) and inserting (7), and (8) . | https://www.govinfo.gov/content/pkg/BILLS-117s4805is/xml/BILLS-117s4805is.xml |
117-s-4806 | II 117th CONGRESS 2d Session S. 4806 IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Cornyn (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To authorize the Secretary of Defense to use amounts available to the Department of Defense for operation and maintenance to remove munitions and explosives of concern in Guam, and for other purposes.
1. Short title This Act may be cited as the Guarding against Unexploded Arms and Munitions Act or the GUAM Act . 2. Use of amounts available to Department of Defense for operation and maintenance for removal of munitions and explosives of concern in Guam (a) In general The Secretary of Defense may use amounts available to the Department of Defense for operation and maintenance to remove munitions and explosives of concern from military installations in Guam. (b) Monitoring of removal The Secretary shall monitor and assess the removal by the Department of munitions and explosives of concern from military installations in Guam and shall constantly update processes for such removal to mitigate any issues relating to such removal. (c) Report on amounts necessary Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report indicating the amounts necessary to conduct removal of munitions and explosives of concern from military installations in Guam. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) Munitions and explosives of concern The term munitions and explosives of concern has the meaning given that term in section 179.3 of title 32, Code of Federal Regulations, or successor regulations. | https://www.govinfo.gov/content/pkg/BILLS-117s4806is/xml/BILLS-117s4806is.xml |
117-s-4807 | II 117th CONGRESS 2d Session S. 4807 IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Leahy (for himself and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate the Nulhegan River and Paul Stream in the State of Vermont 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 Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2022 . 2. Amendments to the Wild and Scenic Rivers Act (a) Designation for study 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) Nulhegan River and Paul Stream, Vermont The following segments: (A) The approximately 22-mile segment of the main stem of the Nulhegan River from the headwaters near Nulhegan Pond to the confluence with the Connecticut River, and any associated tributaries (including the North, Yellow, Black, and East Branches). (B) The approximately 18-mile segment of Paul Stream from the headwaters on West Mountain to the confluence with the Connecticut River, and any associated tributaries. . (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) Nulhegan River and Paul Stream, Vermont 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 Nulhegan River and Paul Stream segments in the State of Vermont described in subsection (a)(145); and (B) submit to the appropriate committees of Congress a report describing the results of the study described in subparagraph (A). . | https://www.govinfo.gov/content/pkg/BILLS-117s4807is/xml/BILLS-117s4807is.xml |
117-s-4808 | II Calendar No. 480 117th CONGRESS 2d Session S. 4808 [Report No. 117–142] IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Wyden , from the Committee on Finance , reported the following original bill; which was read twice and placed on the calendar A BILL To amend the Internal Revenue Code of 1986 to reform retirement provisions, and for other purposes.
1. Short title, etc (a) Short title This Act may be cited as the Enhancing American Retirement Now Act or the EARN Act . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title, etc. TITLE I—Individual retirement Sec. 101. Secure deferral arrangements. Sec. 102. Matching payments for elective deferral and IRA contributions by certain individuals. Sec. 103. Modification of participation requirements for long-term, part-time workers. Sec. 104. Treatment of student loan payments as elective deferrals for purposes of matching contributions. Sec. 105. Withdrawals for certain emergency expenses. Sec. 106. Allow additional nonelective contributions to simple plans. Sec. 107. Small immediate financial incentives for contributing to a plan. Sec. 108. Indexing IRA catch-up limit. Sec. 109. Higher catch-up limit to apply at age 60, 61, 62, and 63. Sec. 110. Eliminate the first day of the month requirement for governmental section 457(b) plans. Sec. 111. Tax treatment of certain nontrade or business SEP contributions. Sec. 112. Elimination of additional tax on corrective distributions of excess contributions. Sec. 113. Employer may rely on employee certifying that deemed hardship distribution conditions are met. Sec. 114. Penalty-free withdrawals from retirement plans for individuals in case of domestic abuse. Sec. 115. Amendments to increase benefit accruals under plan for previous plan year allowed until employer tax return due date. Sec. 116. Retroactive first year elective deferrals for sole proprietors. Sec. 117. Treasury guidance on rollovers. Sec. 118. Exemption for automatic portability transactions. Sec. 119. Application of section 415 limit for certain employees of rural electric cooperatives. Sec. 120. Insurance-dedicated exchange-traded funds. Sec. 121. Modification of age requirement for qualified ABLE programs. Sec. 122. Assist savers in recovering unclaimed savings bonds. TITLE II—Retirees Sec. 201. Increase in age for required beginning date for mandatory distributions. Sec. 202. Qualifying longevity annuity contracts. Sec. 203. Remove required minimum distribution barriers for life annuities. Sec. 204. Eliminating a penalty on partial annuitization. Sec. 205. Reduction in excise tax on certain accumulations in qualified retirement plans. Sec. 206. Clarification of substantially equal periodic payment rule. Sec. 207. Recovery of retirement plan overpayments. Sec. 208. Retirement Savings Lost and Found. Sec. 209. Roth plan distribution rules. Sec. 210. One-time election for qualified charitable distribution to split-interest entity; increase in qualified charitable distribution limitation. Sec. 211. Exception to penalty on early distributions from qualified plans for individuals with a terminal illness. Sec. 212. Surviving spouse election to be treated as employee. Sec. 213. Long-term care contracts purchased with retirement plan distributions. TITLE III—Public safety officers and military Sec. 301. Military spouse retirement plan eligibility credit for small employers. Sec. 302. Distributions to firefighters. Sec. 303. Exclusion of certain disability-related first responder retirement payments. Sec. 304. Repeal of direct payment requirement on exclusion from gross income of distributions from governmental plans for health and long-term care insurance. Sec. 305. Modification of eligible age for exemption from early withdrawal penalty. Sec. 306. Exemption from early withdrawal penalty for certain State and local government corrections employees. TITLE IV—Nonprofits and educators Sec. 401. Enhancement of 403 (b) plans. Sec. 402. Hardship withdrawal rules for 403 (b) plans. Sec. 403. Multiple employer 403 (b) plans. TITLE V—Disaster relief Sec. 501. Special rules for use of retirement funds in connection with qualified federally declared disasters. TITLE VI—Employer plans Sec. 601. Credit for employers with respect to modified safe harbor requirements. Sec. 602. Application of top heavy rules to defined contribution plans covering excludable employees. Sec. 603. Increase in credit limitation for small employer pension plan startup costs of certain employers. Sec. 604. Expansion of Employee Plans Compliance Resolution System. Sec. 605. Application of credit for small employer pension plan startup costs to employers which join an existing plan. Sec. 606. Safe harbor for corrections of employee elective deferral failures. Sec. 607. Reform of family attribution rule. Sec. 608. Contribution limit for simple IRAs. Sec. 609. Employers allowed to replace simple retirement accounts with safe harbor 401 (k) plans during a year. Sec. 610. Starter 401(k) plans for employers with no retirement plan. Sec. 611. Credit for small employers that adapt an automatic portability arrangement. Sec. 612. Re-enrollment credit. Sec. 613. Corrections of mortality tables. Sec. 614. Enhancing retiree health benefits in pension plans. Sec. 615. Deferral of tax for certain sales of employer stock to employee stock ownership plan sponsored by S corporation. TITLE VII—Notices Sec. 701. Review and report to Congress relating to reporting and disclosure requirements. Sec. 702. Report to Congress on section 402(f) notices. Sec. 703. Eliminating unnecessary plan requirements related to unenrolled participants. TITLE VIII—Technical modifications Sec. 801. Repayment of qualified birth or adoption distribution limited to 3 years. Sec. 802. Amendments relating to Setting Every Community Up for Retirement Enhancement Act of 2019 . Sec. 803. Modification of required minimum distribution rules for special needs trusts. TITLE IX—Plan amendments Sec. 901. Provisions relating to plan amendments. TITLE X—Tax Court retirement provisions Sec. 1001. Provisions relating to judges of the Tax Court. Sec. 1002. Provisions relating to special trial judges of the Tax Court. TITLE XI—Revenue provisions Sec. 1101. Simple and SEP Roth IRAs. Sec. 1102. Elective deferrals generally limited to regular contribution limit. Sec. 1103. Optional treatment of employer matching or nonelective contributions as Roth contributions. Sec. 1104. Charitable conservation easements. I Individual retirement 101. Secure deferral arrangements (a) In general Subsection (k) of section 401 is amended by adding at the end the following new paragraph: (16) Alternative method for secure deferral arrangements to meet nondiscrimination requirements (A) In general A secure deferral arrangement shall be treated as meeting the requirements of paragraph (3)(A)(ii). (B) Secure deferral arrangement For purposes of this paragraph, the term secure deferral arrangement means any cash or deferred arrangement which meets the requirements of subparagraphs (C), (D), and (E) of paragraph (13), except as modified by this paragraph. (C) Qualified percentage For purposes of this paragraph, in applying paragraph (13)(C) with respect to any employee, the term qualified percentage means, in lieu of the meaning given such term in paragraph (13)(C)(iii), any percentage determined under the arrangement if such percentage is applied uniformly and is— (i) at least 6 percent, but not greater than 10 percent, during the period ending on the last day of the first plan year which begins after the date on which the first elective contribution described in paragraph (13)(C)(i) is made with respect to such employee, (ii) at least 7 percent during the first plan year following the plan year described in clause (i), (iii) at least 8 percent during the second plan year following the plan year described in clause (i), (iv) at least 9 percent during the third plan year following the plan year described in clause (i), and (v) at least 10 percent during any subsequent plan year. (D) Matching contributions (i) In general For purposes of this paragraph, an arrangement shall be treated as having met the requirements of paragraph (13)(D)(i) if and only if the employer makes matching contributions on behalf of each employee who is not a highly compensated employee in an amount equal to the sum of— (I) 100 percent of the elective contributions of the employee to the extent such contributions do not exceed 2 percent of compensation, (II) 50 percent of so much of such contributions as exceed 2 percent but do not exceed 6 percent of compensation, plus (III) 20 percent of so much of such contributions as exceed 6 percent but do not exceed 10 percent of compensation. (ii) Rules for matching contributions (I) In general The rate of matching contributions with respect to each increment of employee contributions may be higher than the rate specified in clause (i) so long as such rate does not increase as an employee’s rate of elective contributions increases. (II) Rules relating to alternative plan designs The rules of paragraph (12)(B)(iii) shall not apply for purposes of clause (i). . (b) Matching contributions Subsection (m) of section 401 is amended by redesignating paragraph (13) as paragraph (14) and by inserting after paragraph (12) the following new paragraph: (13) Alternative method for secure deferral arrangements A defined contribution plan shall be treated as meeting the requirements of paragraph (2) with respect to matching contributions if the plan— (A) is a secure deferral arrangement (as defined in subsection (k)(16)), (B) meets the requirements of clauses (ii) and (iii) of paragraph (11)(B), and (C) provides that matching contributions on behalf of any employee may not be made with respect to an employee’s contributions or elective deferrals in excess of 10 percent of the employee’s compensation. . (c) Conforming amendments (1) Clause (ii) of section 401(k)(12)(F) is amended by striking or paragraph (13)(D)(i)(I) and inserting , paragraph (13)(D)(i)(I), or paragraph (16)(D) . (2) Subclause (II) of section 401(k)(15)(B)(i) is amended by striking subsection (a)(4), paragraphs (3), (12), and (13) and inserting paragraphs (3), (12), (13), and (16), subsection (a)(4) . (3) Subparagraph (H) of section 416(g)(4) is amended— (A) in clause (i), by striking section 401(k)(12) or 401(k)(13) and inserting paragraph (12), (13), or (16) of section 401(k) , and (B) in clause (ii), by striking section 401(m)(11) or 401(m)(12) and inserting paragraph (11), (12), or (13) of section 401(m) . (d) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2023. 102. Matching payments for elective deferral and IRA contributions by certain individuals (a) In general Subchapter B of chapter 65 is amended by adding at the end the following new section: 6433. Matching payments for elective deferral and IRA contributions by certain individuals (a) In general (1) Allowance of credit Any eligible individual who makes qualified retirement savings contributions for the taxable year shall be allowed a credit for such taxable year in an amount equal to the applicable percentage of so much of the qualified retirement savings contributions made by such eligible individual for the taxable year as does not exceed $2,000. (2) Payment of credit (A) In general Except as provided in subparagraph (A), the credit under this section shall be— (i) treated as allowed by subpart C of part IV of subchapter A of chapter 1, and (ii) paid by the Secretary as a contribution (as soon as practicable after the eligible individual has filed a tax return making a claim for such credit for the taxable year) to the applicable retirement savings vehicle of an eligible individual. (B) Exception In the case of an eligible individual with respect to whom the credit determined under paragraph (1) is greater than zero but less than $100 for the taxable year, the eligible individual may elect to have subparagraph (A) not apply. (b) Applicable percentage For purposes of this section— (1) In general Except as provided in paragraph (2), the applicable percentage is 50 percent. (2) Phaseout The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as— (A) the excess of— (i) the taxpayer’s modified adjusted gross income for such taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point. (3) Applicable dollar amount; phaseout range (A) Joint returns and surviving spouses Except as provided in subparagraph (B)— (i) the applicable dollar amount is $41,000, and (ii) the phaseout range is $30,000. (B) Other returns In the case of— (i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be 3/4 of the amounts applicable under subparagraph (A) (as adjusted under subsection (h)), and (ii) any taxpayer who is not filing a joint return, who is not a head of a household (as so defined), and who is not a surviving spouse (as defined in section 2(a)), the applicable dollar amount and the phaseout range shall be ½ of the amounts applicable under subparagraph (A) (as so adjusted). (c) Eligible individual For purposes of this section— (1) In general The term eligible individual means any individual if such individual has attained the age of 18 as of the close of the taxable year. (2) Dependents and full-time students not eligible The term eligible individual shall not include— (A) any individual with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins, and (B) any individual who is a student (as defined in section 152(f)(2)). (3) Nonresident aliens not eligible The term eligible individual shall not include any individual who is a nonresident alien individual for any portion of the taxable year unless such individual is treated for such taxable year as a resident of the United States for purposes of chapter 1 by reason of an election under subsection (g) or (h) of section 6013. (d) Qualified retirement savings contributions For purposes of this section— (1) In general The term qualified retirement savings contributions means, with respect to any taxable year, the sum of— (A) the amount of the qualified retirement contributions (as defined in section 219(e)) made by the eligible individual, (B) the amount of— (i) any elective deferrals (as defined in section 402(g)(3)) of such individual, and (ii) any elective deferral of compensation by such individual under an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), and (C) the amount of voluntary employee contributions by such individual to any qualified retirement plan (as defined in section 4974(c)). Such term shall not include any amount attributable to a payment under subsection (a)(2). (2) Reduction for certain distributions (A) In general The qualified retirement savings contributions determined under paragraph (1) for a taxable year shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) may be made. (B) Testing period For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes— (i) such taxable year, (ii) the 2 preceding taxable years, and (iii) the period after such taxable year and before the due date (including extensions) for filing the return of tax for such taxable year. (C) Excepted distributions There shall not be taken into account under subparagraph (A)— (i) any distribution referred to in section 72(p), 401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4), (ii) any distribution to which section 408(d)(3) or 408A(d)(3) applies, and (iii) any portion of a distribution if such portion is transferred or paid in a rollover contribution (as defined in section 402(c), 403(a)(4), 403(b)(8), 408A(e), or 457(e)(16)) to an account or plan to which qualified retirement savings contributions can be made. (D) Treatment of distributions received by spouse of individual For purposes of determining distributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution. (e) Applicable retirement savings vehicle (1) In general The term applicable retirement savings vehicle means an account or plan elected by the eligible individual under paragraph (2). (2) Election Any such election to have contributed the amount determined under subsection (a) shall be to an account or plan which— (A) is— (i) the portion of a plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B) which does not consist of a qualified Roth contribution program (as defined in section 402A(b)), or (ii) an individual retirement plan which is not a Roth IRA, (B) is for the benefit of the eligible individual, (C) accepts contributions made under this section, and (D) is designated by such individual (in such form and manner as the Secretary may provide). (f) Other definitions and special rules (1) Modified adjusted gross income For purposes of this section, the term modified adjusted gross income means adjusted gross income— (A) determined without regard to sections 911, 931, and 933, and (B) determined without regard to any exclusion or deduction allowed for any qualified retirement savings contribution made during the taxable year. (2) Treatment of contributions In the case of any contribution under subsection (a)(2)— (A) except as otherwise provided in this section or by the Secretary under regulations, such contribution shall be treated as— (i) an elective deferral made by the individual, if contributed to an applicable retirement savings vehicle described in subsection (e)(2)(A)(i), or (ii) as an individual retirement plan contribution made by such individual, if contributed to such a plan, and (B) such contribution shall not be taken into account with respect to any applicable limitation under sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2), 414(v)(2), 415(c), or 457(b)(2), and shall be disregarded for purposes of sections 401(a)(4), 401(k)(3), 401(k)(11)(B)(i)(III), and 416. (3) Treatment of qualified plans, etc A plan or arrangement to which a contribution is made under this section shall not be treated as violating any requirement under section 401, 403, 408, or 457 solely by reason of accepting such contribution. (4) Erroneous credits (A) In general If any contribution is erroneously paid under subsection (a)(2), including a payment that is not made to an applicable retirement savings vehicle, the amount of such erroneous payment shall be treated as an underpayment of tax (other than for purposes of part II of subchapter A of chapter 68) for the taxable year in which the Secretary determines the payment is erroneous. (B) Distribution of erroneous credits In the case of a contribution to which subparagraph (A) applies— (i) section 402(a), 403(a)(1), 403(b)(1), 408(d)(1), or 457(a)(1), whichever is applicable, shall not apply to any distribution of such contribution, and section 72(t) shall not apply to the distribution of such contribution or any income attributable thereto, if such distribution is received not later than the day prescribed by law (including extensions of time) for filing the individual’s return for such taxable year, and (ii) any plan or arrangement from which such a distribution is made under this subparagraph shall not be treated as violating any requirement under section 401, 403, or 457 solely by reason of making such distribution. (5) Exception from reduction or offset Any payment made to any individual under this section shall not be— (A) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 or any similar authority permitting offset, or (B) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. (g) Provision by Secretary of information relating to contributions In the case of an amount elected by an eligible individual to be contributed to an account or plan under subsection (e)(2), the Secretary shall provide general guidance applicable to the custodian of the account or the plan sponsor, as the case may be, detailing the treatment of such contribution under subsection (f)(2) and the reporting requirements with respect to such contribution under section 6058, particularly as such requirements are modified pursuant to section 102(c)(2) of the Enhancing American Retirement Now Act . (h) Inflation adjustments (1) In general In the case of any taxable year beginning in a calendar year after 2027, the $41,000 amount in subsection (b)(3)(A)(i) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2026 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding Any increase determined under paragraph (1) shall be rounded to the nearest multiple of $1,000. . (b) Treatment of Certain Possessions (1) Payments to possessions with mirror code tax systems The Secretary of the Treasury shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Payments to other possessions The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents. (3) Coordination with credit allowed against United States income taxes No credit shall be allowed against United States income taxes under section 6433 of the Internal Revenue Code of 1986 (as added by this section) to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section, or (B) who is eligible for a payment under a plan described in paragraph (2). (4) Mirror code tax system For purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (5) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Administrative provisions (1) Deficiencies Section 6211(b)(4) is amended by striking and 7527A and inserting 7527A, and 6433 . (2) Reporting The Secretary of the Treasury shall amend the forms relating to reports required under section 6058 of the Internal Revenue Code of 1986 to require— (A) separate reporting of the aggregate amount of contributions received by the plan during the year under section 6433 of the Internal Revenue Code of 1986 (as added by this section), and (B) similar reporting with respect to individual retirement accounts (as defined in section 408 of such Code) and individual retirement annuities (as defined in section 408(b) of such Code). (d) Payment authority Section 1324(b)(2) of title 31, United States Code, is amended by striking or 7527A and inserting 7527A, or 6433 . (e) Conforming amendments (1) Paragraph (1) of section 25B(d) is amended by striking the sum of— and all that follows through the amount of contributions made before January 1, 2026 and inserting the amount of contributions made before January 1, 2026 . (2) The table of sections for subchapter B of chapter 65 is amended by adding at the end the following new item: Sec. 6433. Matching payments for elective deferral and IRA contributions by certain individuals. . (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2026. 103. Modification of participation requirements for long-term, part-time workers (a) Participation requirement Clause (ii) of section 401(k)(2)(D) is amended by striking 3 consecutive and inserting 2 consecutive . (b) Pre- 2021 service Section 112(b) of the Setting Every Community Up for Retirement Enhancement Act of 2019 ( 26 U.S.C. 401 note) is amended by striking section 401(k)(2)(D)(ii) and inserting paragraphs (2)(D)(ii) and (15)(B)(iii) of section 401(k) . (c) Coordination with rules for top-heavy plans Subparagraph (H) of section 416(g)(4), as amended by this Act, is further amended by inserting before If, but the following: Such term shall not include a plan solely because such plan does not provide matching contributions to employees described in section 401(k)(15)(B)(i). . (d) Effective dates (1) In general The amendment made by subsection (a) shall apply to plan years beginning after December 31, 2022. (2) Pre-2021 service and top-heavy rules The amendments made by subsections (b) and (c) shall take effect as if included in the enactment of section 112 of the Setting Every Community Up for Retirement Enhancement Act of 2019. 104. Treatment of student loan payments as elective deferrals for purposes of matching contributions (a) In general Subparagraph (A) of section 401(m)(4) is amended by striking and at the end of clause (i), by striking the period at the end of clause (ii) and inserting , and , and by adding at the end the following new clause: (iii) subject to the requirements of paragraph (14), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment. . (b) Qualified student loan payment Paragraph (4) of section 401(m) is amended by adding at the end the following new subparagraph: (D) Qualified student loan payment The term qualified student loan payment means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only— (i) to the extent such payments in the aggregate for the year do not exceed an amount equal to— (I) the limitation applicable under section 402(g) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by (II) the elective deferrals made by the employee for such year, and (ii) if the employee certifies annually to the employer making the matching contribution under this paragraph that such payment has been made on such loan. For purposes of this subparagraph, the term qualified higher education expenses means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)). . (c) Matching contributions for qualified student loan payments Subsection (m) of section 401, as amended by this Act, is further amended by redesignating paragraph (14) as paragraph (15), and by inserting after paragraph (13) the following new paragraph: (14) Matching contributions for qualified student loan payments (A) In general For purposes of paragraph (4)(A)(iii), an employer contribution made to a defined contribution plan on account of a qualified student loan payment shall be treated as a matching contribution for purposes of this title if— (i) the plan provides matching contributions on account of elective deferrals at the same rate as contributions on account of qualified student loan payments, (ii) the plan provides matching contributions on account of qualified student loan payments only on behalf of employees otherwise eligible to receive matching contributions on account of elective deferrals, (iii) under the plan, all employees eligible to receive matching contributions on account of elective deferrals are eligible to receive matching contributions on account of qualified student loan payments, and (iv) the plan provides that matching contributions on account of qualified student loan payments vest in the same manner as matching contributions on account of elective deferrals. (B) Treatment for purposes of nondiscrimination rules, etc (i) Nondiscrimination rules For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). (ii) Student loan payments not treated as plan contribution Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title. (iii) Matching contribution rules Solely for purposes of meeting the requirements of paragraph (11)(B), (12), or (13) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), (13)(D), or (16)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. (iv) Actual deferral percentage testing In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. (C) Employer may rely on employee certification The employer may rely on an employee certification of payment under paragraph (4)(D)(ii). . (d) Simple retirement accounts Paragraph (2) of section 408(p) is amended by adding at the end the following new subparagraph: (F) Matching contributions for qualified student loan payments (i) In general Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed— (I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by (II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year. (ii) Qualified student loan payment For purposes of this subparagraph— (I) In general The term qualified student loan payment means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. (II) Qualified higher education expenses The term qualified higher education expenses has the same meaning as when used in section 401(m)(4)(D). (iii) Applicable rules Clause (i) shall apply to an arrangement only if, under the arrangement— (I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and (II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments. . (e) 403 (b) plans Subparagraph (A) of section 403(b)(12) is amended by adding at the end the following: The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(14) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder). . (f) 457 (b) plans Subsection (b) of section 457 is amended by adding at the end the following: A plan which is established and maintained by an employer which is described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection solely because the plan, or another plan maintained by the employer which meets the requirements of section 401(a) or 403(b), provides for matching contributions on account of qualified student loan payments as described in section 401(m)(14). . (g) Regulatory authority The Secretary of the Treasury (or such Secretary's delegate) shall prescribe regulations for purposes of implementing the amendments made by this section, including regulations— (1) permitting a plan to make matching contributions for qualified student loan payments, as defined in sections 401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 1986, as added by this section, at a different frequency than matching contributions are otherwise made under the plan, provided that the frequency is not less than annually; (2) permitting employers to establish reasonable procedures to claim matching contributions for such qualified student loan payments under the plan, including an annual deadline (not earlier than 3 months after the close of each plan year) by which a claim must be made; and (3) promulgating model amendments which plans may adopt to implement matching contributions on such qualified student loan payments for purposes of sections 401(m), 408(p), 403(b), and 457(b) of the Internal Revenue Code of 1986. (h) Effective date The amendments made by this section shall apply to contributions made for plan years beginning after December 31, 2023. 105. Withdrawals for certain emergency expenses (a) In general Paragraph (2) of section 72(t) is amended by adding at the end the following new subparagraph: (I) Distributions for certain emergency expenses (i) In general Any emergency personal expense distribution. (ii) Annual limitation Not more than 1 distribution per calendar year may be treated as an emergency personal expense distribution by any individual. (iii) Dollar limitation The amount which may be treated as an emergency personal expense distribution by any individual in any calendar year shall not exceed the lesser of $1,000 or an amount equal to the excess of— (I) the individual's total nonforfeitable accrued benefit under the plan (the individual's total interest in the plan in the case of an individual retirement plan), determined as of the date of each such distribution, over (II) $1,000. (iv) Emergency personal expense distribution For purposes of this subparagraph, the term emergency personal expense distribution means any distribution from an applicable eligible retirement plan (as defined in subparagraph (H)(vi)(I)) to an individual for purposes of meeting unforeseeable or immediate financial needs relating to necessary personal or family emergency expenses. The administrator of an applicable eligible retirement plan may rely on an employee’s certification that the employee satisfies the conditions of the preceding sentence in determining whether any distribution is an emergency personal expense distribution. The Secretary may provide by regulations for exceptions to the rule of the preceding sentence in cases where the plan administrator has actual knowledge to the contrary of the employee's certification, and for procedures for addressing cases of employee misrepresentation. (v) Treatment of plan distributions If a distribution to an individual would (without regard to clause (ii) or (iii)) be an emergency personal expense distribution, a plan shall not be treated as failing to meet any requirement of this title merely because the plan treats the distribution as an emergency personal expense distribution, unless the number or the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer, determined as provided in subparagraph (H)(iv)(II)) to such individual exceeds the limitation determined under clause (ii) or (iii). (vi) Amount distributed may be repaid (I) In general Any individual who receives an emergency personal expense distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an applicable eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. (II) Limitation on contributions to applicable eligible retirement plans other than IRAs The aggregate amount of contributions made by an individual under subclause (I) to any applicable eligible retirement plan which is not an individual retirement plan shall not exceed the aggregate amount of emergency personal expense distributions which are made from such plan to such individual. Subclause (I) shall not apply to contributions to any applicable eligible retirement plan which is not an individual retirement plan unless the individual is eligible to make contributions (other than those described in subclause (I)) to such applicable eligible retirement plan. (III) Treatment of repayments of distributions from applicable eligible retirement plans other than IRAs If a contribution is made under subclause (I) with respect to an emergency personal expense distribution from an applicable eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the applicable eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (IV) Treatment of repayments for distributions from IRAs If a contribution is made under subclause (I) with respect to an emergency personal expense distribution from an individual retirement plan, then, to the extent of the amount of the contribution, such distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the applicable eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (vii) Limitation on subsequent distributions If a distribution is treated as an emergency personal expense distribution in any calendar year with respect to a plan of the employee, no amount may be treated as such a distribution during the immediately following 3 calendar years with respect to such plan unless— (I) such previous distribution is fully repaid to such plan pursuant to clause (vi), or (II) the aggregate of the elective deferrals and employee contributions to the plan (the total amounts contributed to the plan in the case of an individual retirement plan) subsequent to such previous distribution is at least equal to the amount of such previous distribution which has not been so repaid. (viii) Special rules Rules similar to the rules of subclauses (II) and (IV) of subparagraph (H)(vi) shall apply to any emergency personal expense distribution. . (b) Effective date The amendments made by this section shall apply to distributions made after December 31, 2023. 106. Allow additional nonelective contributions to simple plans (a) In general (1) Modification to definition Subparagraph (A) of section 408(p)(2) is amended by striking and at the end of clause (iii), by redesignating clause (iv) as clause (v), and by inserting after clause (iii) the following new clause: (iv) the employer may make nonelective contributions— (I) of a uniform percentage (up to 10 percent) of compensation, and (II) not to exceed $5,000, for each employee who is eligible to participate in the arrangement and who has at least $5,000 of compensation from the employer for the year, and . (2) Limitation Subparagraph (A) of section 408(p)(2) is amended by adding at the end the following: The compensation taken into account under clause (iv) for any year shall not exceed the limitation in effect for such year under section 401(a)(17). . (3) Overall dollar limit on contributions Paragraph (8) of section 408(p) is amended to read as follows: (8) Coordination with maximum limitation In the case of any simple retirement account— (A) subsection (a)(1) shall be applied by substituting for the amount in effect for such taxable year under section 219(b)(1)(A) the following: the sum of the dollar amount in effect under subsection (p)(2)(A)(ii), the employer contribution required under subsection (p)(2)(A)(iii) or (p)(2)(B)(i), whichever is applicable, and a contribution which meets the requirement of subsection (p)(2)(A)(iv) with respect to the employee , and (B) subsection (b)(2)(B) shall be applied by substituting for the dollar amount in effect under section 219(b)(1)(A) the following: the sum of the dollar amount in effect under subsection (p)(2)(A)(ii), the employer contribution required under subsection (p)(2)(A)(iii) or (p)(2)(B)(i), whichever is applicable, and a contribution which meets the requirement of subsection (p)(2)(A)(iv) with respect to the employee . . (4) Adjustment for inflation Paragraph (2) of section 408(p), as amended by this Act, is further amended by adding at the end the following new subparagraph: (G) Adjustment for inflation In the case of taxable years beginning after December 31, 2024, the $5,000 amount in subparagraph (A)(iv)(II) shall be increased by an amount equal to— (i) such amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2023 for 2016 in subparagraph (A)(ii) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. . (b) Conforming amendments (1) Section 408(p)(2)(A)(v), as redesignated by subsection (a), is amended by striking or (iii) and inserting , (iii), or (iv) . (2) Section 401(k)(11)(B)(i) is amended by striking and at the end of subclause (II), by redesignating subclause (III) as subclause (IV), and by inserting after subclause (II) the following new subclause: (III) the employer may make nonelective contributions of a uniform percentage (up to 10 percent) of compensation, not to exceed the amount in effect under section 408(p)(2)(A)(iv)(II) in any year, for each employee who is eligible to participate in the arrangement and who has at least $5,000 of compensation from the employer for the year, and . (3) Section 401(k)(11)(B)(i)(IV), as redesignated by paragraph (2), is amended by striking or (II) and inserting , (II), or (III) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 107. Small immediate financial incentives for contributing to a plan (a) In general Subparagraph (A) of section 401(k)(4) is amended by inserting (other than a de minimis financial incentive provided to employees who elect to have the employer make contributions under the arrangement in lieu of receiving cash) after any other benefit . (b) Section 403 (b) plans Subparagraph (A) of section 403(b)(12), as amended by this Act, is further amended by adding at the end the following: A plan shall not fail to satisfy clause (ii) solely by reason of offering a de minimis financial incentive for employees who elect to have the employer make contributions pursuant to a salary reduction agreement. . (c) Exemption from prohibited transaction rules Subsection (d) of section 4975 is amended by striking or at the end of paragraph (22)(I), by striking the period at the end of paragraph (23) and inserting , or , and by adding at the end the following new paragraph: (24) the provision of a de minimis financial incentive described in section 401(k)(4)(A) or 403(b)(12)(A). . (d) Effective date The amendments made by this section shall apply with respect to plan years beginning after the date of the enactment of this Act. 108. Indexing IRA catch-up limit (a) In general Subparagraph (C) of section 219(b)(5) is amended by adding at the end the following new clause: (iii) Indexing of catch-up limitation In the case of any taxable year beginning in a calendar year after 2022, the $1,000 amount under subparagraph (B)(ii) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. If any amount after adjustment under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lower multiple of $100. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 109. Higher catch-up limit to apply at age 60, 61, 62, and 63 (a) In general (1) Plans other than simple plans Section 414(v)(2)(B)(i) is amended by inserting the following before the period: ($10,000, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year) . (2) Simple plans Section 414(v)(2)(B)(ii) is amended by inserting the following before the period: ($5,000, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year) . (b) Cost-of-living adjustments Subparagraph (C) of section 414(v)(2) is amended by adding at the end the following: In the case of a year beginning after December 31, 2025, the Secretary shall adjust annually the $10,000 amount in subparagraph (B)(i) and the $5,000 amount in subparagraph (B)(ii) for increases in the cost-of-living at the same time and in the same manner as adjustments under the preceding sentence; except that the base period taken into account shall be the calendar quarter beginning July 1, 2024. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2024. 110. Eliminate the first day of the month requirement for governmental section 457(b) plans (a) In general Section 457(b)(4) is amended to read as follows: (4) which provides that compensation— (A) in the case of an eligible employer described in subsection (e)(1)(A), will be deferred only if an agreement providing for such deferral has been entered into before the compensation is currently available to the individual, and (B) in any other case, will be deferred for any calendar month only if an agreement providing for such deferral has been entered into before the beginning of such month, . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 111. Tax treatment of certain nontrade or business SEP contributions (a) In general Subparagraph (B) of section 4972(c)(6) is amended— (1) by striking 408(p)) or and inserting 408(p)), ; and (2) by inserting , or a simplified employee pension (within the meaning of section 408(k)) after 401(k)(11)) . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 112. Elimination of additional tax on corrective distributions of excess contributions (a) In general Subparagraph (A) of section 72(t)(2) is amended— (1) by striking or at the end of clause (vii); (2) by striking the period at the end of clause (viii) and inserting , or ; and (3) by inserting after clause (viii) the following new clause: (ix) attributable to withdrawal of net income attributable to a contribution which is distributed pursuant to section 408(d)(4). . (b) Effective date The amendments made by this section shall apply to any determination of, or affecting, liability for taxes, interest, or penalties which is made on or after the date of the enactment of this Act, without regard to whether the act (or failure to act) upon which the determination is based occurred before such date of enactment. Notwithstanding the preceding sentence, nothing in the amendments made by this section shall be construed to create an inference with respect to the law in effect prior to the effective date of such amendments. 113. Employer may rely on employee certifying that deemed hardship distribution conditions are met (a) Cash or deferred arrangements Section 401(k)(14) is amended by adding at the end the following new subparagraph: (C) Employee certification In determining whether a distribution is upon the hardship of an employee, the administrator of the plan may rely on a written certification by the employee that the distribution is— (i) on account of a financial need of a type which is deemed in regulations prescribed by the Secretary to be an immediate and heavy financial need, and (ii) not in excess of the amount required to satisfy such financial need, and that the employee has no alternative means reasonably available to satisfy such financial need. The Secretary may provide by regulations for exceptions to the rule of the preceding sentence in cases where the plan administrator has actual knowledge to the contrary of the employee's certification, and for procedures for addressing cases of employee misrepresentation. . (b) 403(b) plans (1) Custodial accounts Section 403(b)(7) is amended by adding at the end the following new subparagraph: (D) Employee certification In determining whether a distribution is upon the financial hardship of an employee, the administrator of the plan may rely on a written certification by the employee that the distribution is— (i) on account of a financial need of a type which is deemed in regulations prescribed by the Secretary to be an immediate and heavy financial need, and (ii) not in excess of the amount required to satisfy such financial need, and that the employee has no alternative means reasonably available to satisfy such financial need. The Secretary may provide by regulations for exceptions to the rule of the preceding sentence in cases where the plan administrator has actual knowledge to the contrary of the employee's certification, and for procedures for addressing cases of employee misrepresentation. . (2) Annuity contracts Section 403(b)(11) is amended by adding at the end the following: In determining whether a distribution is upon hardship of an employee, the administrator of the plan may rely on a written certification by the employee that the distribution is on account of a financial need of a type which is deemed in regulations prescribed by the Secretary to be an immediate and heavy financial need and is not in excess of the amount required to satisfy such financial need, and that the employee has no alternative means reasonably available to satisfy such financial need. The Secretary may provide by regulations for exceptions to the rule of the preceding sentence in cases where the plan administrator has actual knowledge to the contrary of the employee's certification, and for procedures for addressing cases of employee misrepresentation. . (c) 457(b) plan Section 457(d) is amended by adding at the end the following new paragraph: (4) Participant certification In determining whether a distribution to a participant is made when the participant is faced with an unforeseeable emergency, the administrator of a plan maintained by an eligible employer described in subsection (e)(1)(A) may rely on a written certification by the participant that the distribution is— (A) made when the participant is faced with an unforeseeable emergency of a type which is described in regulations prescribed by the Secretary as an unforeseeable emergency, and (B) not in excess of the amount required to satisfy the emergency need, and that the participant has no alternative means reasonably available to satisfy such emergency need. The Secretary may provide by regulations for exceptions to the rule of the preceding sentence in cases where the plan administrator has actual knowledge to the contrary of the participant's certification, and for procedures for addressing cases of participant misrepresentation. . (d) Effective date The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. 114. Penalty-free withdrawals from retirement plans for individuals in case of domestic abuse (a) In general Paragraph (2) of section 72(t), as amended by this Act, is further amended by adding at the end the following new subparagraph: (J) Distributions from retirement plan in case of domestic abuse (i) In general Any eligible distribution to a domestic abuse victim. (ii) Limitation The aggregate amount which may be treated as an eligible distribution to a domestic abuse victim by any individual shall not exceed an amount equal to the lesser of— (I) $10,000, or (II) 50 percent of the present value of the nonforfeitable accrued benefit of the employee under the plan. (iii) Eligible distribution to a domestic abuse victim For purposes of this subparagraph— (I) In general A distribution shall be treated as an eligible distribution to a domestic abuse victim if such distribution is from an applicable eligible retirement plan and is made to an individual during the 1-year period beginning on any date on which the individual is a victim of domestic abuse by a spouse or domestic partner. (II) Domestic abuse The term domestic abuse means physical, psychological, sexual, emotional, or economic abuse, including efforts to control, isolate, humiliate, or intimidate the victim, or to undermine the victim’s ability to reason independently, including by means of abuse of the victim’s child or another family member living in the household. (iv) Treatment of plan distributions If a distribution to an individual would (without regard to clause (ii)) be an eligible distribution to a domestic abuse victim, a plan shall not be treated as failing to meet any requirement of this title merely because the plan treats the distribution as an eligible distribution to a domestic abuse victim, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer, determined as provided in subparagraph (H)(iv)(II)) to such individual exceeds the limitation under clause (ii). (v) Amount distributed may be repaid (I) In general Any individual who receives a distribution described in clause (i) may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an applicable eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. (II) Limitation on contributions to applicable eligible retirement plans other than IRAs The aggregate amount of contributions made by an individual under subclause (I) to any applicable eligible retirement plan which is not an individual retirement plan shall not exceed the aggregate amount of eligible distributions to a domestic abuse victim which are made from such plan to such individual. Subclause (I) shall not apply to contributions to any applicable eligible retirement plan which is not an individual retirement plan unless the individual is eligible to make contributions (other than those described in subclause (I)) to such applicable eligible retirement plan. (III) Treatment of repayments of distributions from applicable eligible retirement plans other than IRAs If a contribution is made under subclause (I) with respect to an eligible distribution to a domestic abuse victim from an applicable eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the applicable eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (IV) Treatment of repayments for distributions from IRAs If a contribution is made under subclause (I) with respect to an eligible distribution to a domestic abuse victim from an individual retirement plan, then, to the extent of the amount of the contribution, such distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the applicable eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (vi) Definition and special rules For purposes of this subparagraph: (I) Applicable eligible retirement plan The term applicable eligible retirement plan means an eligible retirement plan (as defined in section 402(c)(8)(B)) other than a defined benefit plan or a plan to which sections 401(a)(11) and 417 apply. (II) Exemption of distributions from trustee to trustee transfer and withholding rules For purposes of sections 401(a)(31), 402(f), and 3405, an eligible distribution to a domestic abuse victim shall not be treated as an eligible rollover distribution. (III) Distributions treated as meeting plan distribution requirements; self-certification Any distribution which the employee or participant certifies as being an eligible distribution to a domestic abuse victim shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A). . (b) Effective date The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. 115. Amendments to increase benefit accruals under plan for previous plan year allowed until employer tax return due date (a) In general Section 401(b) is amended by adding at the end the following new paragraph: (3) Retroactive plan amendments that increase benefit accruals If— (A) an employer amends a stock bonus, pension, profit-sharing, or annuity plan to increase benefits accrued under the plan effective as of any date during the immediately preceding plan year (other than increasing the amount of matching contributions (as defined in subsection (m)(4)(A))), (B) such amendment would not otherwise cause the plan to fail to meet any of the requirements of this subchapter, and (C) such amendment is adopted before the time prescribed by law for filing the return of the employer for the taxable year (including extensions thereof) which includes the date described in subparagraph (A), the employer may elect to treat such amendment as having been adopted as of the last day of the plan year in which the amendment is effective. . (b) Effective date The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. 116. Retroactive first year elective deferrals for sole proprietors (a) In general Section 401(b)(2) is amended by adding at the end the following: In the case of an individual who owns the entire interest in an unincorporated trade or business, and who is the only employee of such trade or business, any elective deferrals (as defined in section 402(g)(3)) under a qualified cash or deferred arrangement to which the preceding sentence applies, which are made by such individual before the time for filing the return of such individual for the taxable year (determined without regard to any extensions) ending after or with the end of the plan’s first plan year, shall be treated as having been made before the end of such first plan year. . (b) Effective date The amendment made by this section shall apply to plan years beginning after the date of the enactment of this Act. 117. Treasury guidance on rollovers Not later than January 1, 2025, the Secretary of the Treasury or the Secretary’s delegate shall, to simplify, standardize, and facilitate the completion of direct rollovers from retirement plans and trustee-to-trustee transfers from individual retirement plans (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986), develop and release— (1) sample forms for direct rollovers of eligible rollover distributions from a retirement plan to another retirement plan or to an individual retirement plan which— (A) are written in a manner calculated to be understood by the average person, and (B) can be used by both distributing retirement plans and receiving retirement plans and individual retirement plans, and (2) sample forms for trustee-to-trustee transfers of amounts from an individual retirement plan to another individual retirement plan or to a retirement plan which— (A) are written in a manner calculated to be understood by the average person, and (B) can be used by both transferring individual retirement plans and receiving retirement plans and individual retirement plans. 118. Exemption for automatic portability transactions (a) In general Section 4975(d), as amended by this Act, is further amended— (1) by striking or at the end of paragraph (23), (2) by striking the period at the end of paragraph (24) and inserting , or , and (3) by adding at the end the following new paragraph: (25) the receipt of fees and compensation by the automatic portability provider in connection with an automatic portability transaction. . (b) Definitions Section 4975(f) is amended by adding at the end the following new paragraph: (12) Rules relating to automatic portability transactions (A) In general For purposes of subsection (d)(25)— (i) Automatic portability transaction An automatic portability transaction is a transfer of assets made— (I) from an individual retirement plan which is established on behalf of an individual and to which amounts were transferred under section 401(a)(31)(B)(i), (II) to an employer-sponsored retirement plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B) (other than a defined benefit plan) in which such individual is an active participant, and (III) after such individual has been given advance notice of the transfer and has not affirmatively opted out of such transfer. (ii) Automatic portability provider An automatic portability provider is a person that executes transfers described in clause (i). (B) Conditions for automatic portability transactions Subsection (d)(25) shall not apply to an automatic portability transaction unless the following requirements are satisfied: (i) Acknowledgment of fiduciary status An automatic portability provider shall acknowledge in writing, at such time and format as specified by the Secretary, that the provider is a fiduciary with respect to the individual retirement plan described in subparagraph (A)(i)(I). (ii) Fees The fees and compensation received by the automatic portability provider in connection with the automatic portability transaction (including any increase in such fees or compensation) shall not exceed reasonable compensation and must be fully disclosed to and approved in writing in advance of the transaction by a plan fiduciary of the plan described in subparagraph (A)(i)(II) which is independent of the automatic portability provider. (iii) Data usage The automatic portability provider shall not— (I) market or sell data relating to the individual retirement plan described in subparagraph (A)(i)(I), or (II) use such data for any purpose other than the administration of automatic portability transactions without the express consent of a plan fiduciary which is independent of the automatic portability provider after full disclosure by such provider of how such data will be used. (iv) Open participation The automatic portability provider shall offer automatic portability transactions on the same terms to any plan described in subparagraph (A)(i)(II) regardless of whether the provider provides other services for such plan. (v) Pre-transaction notice At least 30 days in advance of an automatic portability transaction, the automatic portability provider shall provide notice to the individual on whose behalf the individual retirement plan described in subparagraph (A)(i)(I) is established which includes— (I) a description of the automatic portability transaction and the fees which will be charged in connection with the transaction, (II) a description of the individual’s right to affirmatively elect not to participate in the transaction, the procedures for such an election, and a telephone number at which the individual can contact the automatic portability provider, and (III) such other disclosures as the Secretary may require by regulation. (vi) Post-transaction notice Not later than 3 business days after an automatic portability transaction, the automatic portability provider shall provide notice to the individual on whose behalf the individual retirement plan described in subparagraph (A)(i)(I) is established of— (I) the actions taken by the automatic portability provider with respect to the individual’s account, (II) all relevant information regarding the location and amount of any transferred assets, (III) a statement of fees charged against the account by the automatic portability provider or its affiliates in connection with the transfer, (IV) a telephone number at which the individual can contact the automatic portability provider, and (V) such other disclosures as the Secretary may require by regulation. (vii) Notice requirements The notices required under clauses (v) and (vi) shall be written in a manner calculated to be understood by the average intended recipient and shall not include materially misleading statements. (viii) Timeliness of execution After liquidating the assets of an individual retirement plan described in subparagraph (A)(i)(I) to cash, an automatic portability provider shall transfer the account balance of such plan as soon as practicable to the plan described in subparagraph (A)(i)(II). (ix) Record retention and audits (I) In general An automatic portability provider shall, for 6 years, maintain the records sufficient to demonstrate the terms of this subparagraph have been met. (II) Audits An automatic portability provider shall conduct an annual audit, in accordance with regulations promulgated by the Secretary, of automatic portability transactions occurring during the calendar year to demonstrate compliance with this subparagraph, and shall submit such audit annually to the Secretary, in such form and manner as specified by the Secretary. . (c) Regulatory authority Not later than July 1, 2023, the Secretary of the Treasury (or such Secretary's delegate) shall issue such regulations as may be necessary to carry out the purposes of the amendments made by this section, including regulations which— (1) require an automatic portability provider to provide a notice to individuals on whose behalf the individual retirement plan described in paragraph (12)(A)(i)(I) of section 4975(f) of the Internal Revenue Code of 1986, as added by this section, is established in advance of the notices specified in paragraph (12)(B)(v) of such section, as so added, (2) restrict the receipt of third party compensation (other than a direct fee by an employer sponsoring a plan which is in lieu of a fee imposed on an individual retirement plan owner) by an automatic portability provider in connection with an automatic portability transaction, (3) prohibit exculpatory provisions in an automatic portability provider’s contracts or communications with individuals disclaiming or limiting its liability in the event that an automatic portability transaction results in an improper transfer, (4) require an automatic portability provider to take actions necessary to reasonably ensure that participant and beneficiary data is current and accurate, and (5) ensure that the appropriate participants and beneficiaries, in fact, receive all the required notices and disclosures until the assets are transferred to a new retirement plan account. Any term used in this subsection which is used in paragraph (12) of section 4975(f) of such Code, as added by this section, has the same meaning as when used in such paragraph. (d) Effective date The amendments made by this section shall apply to transactions occurring after December 31, 2023. 119. Application of section 415 limit for certain employees of rural electric cooperatives (a) In general Section 415(b) is amended by adding at the end the following new paragraph: (12) Special rule for certain employees of rural electric cooperatives (A) In general Subparagraph (B) of paragraph (1) shall not apply to a participant in an eligible rural electric cooperative plan, except in the case of a participant who was a highly compensated employee (as defined in section 414(q)) of the employer maintaining such plan for the earlier of— (i) the plan year in which the participant terminated employment with such employer, or (ii) the plan year in which distributions commence under the plan with respect to the participant, or for any of the 5 plan years immediately preceding such earlier plan year. (B) Eligible rural electric cooperative plan For purposes of this paragraph— (i) In general The term eligible rural electric cooperative plan means a plan maintained by more than 1 employer, if at least 85 percent of the employers maintaining the plan are rural cooperatives described in clause (i) or (ii) of section 401(k)(7)(B) or are a national association of such a rural cooperative. (ii) Election An employer maintaining an eligible rural cooperative plan may elect not to have subparagraph (A) apply. (C) Regulations The Secretary shall prescribe such regulations and other guidance as are necessary to limit the application of subparagraph (A) such that it does not result in increased benefits for highly compensated employees. . (b) Effective date The amendment made by this section shall apply to limitation years ending after the date of the enactment of this Act. 120. Insurance-dedicated exchange-traded funds (a) In general Not later than the date which is 7 years after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall amend the regulation issued by the Department of the Treasury relating to Income Tax; Diversification Requirements for Variable Annuity, Endowment, and Life Insurance Contracts , 54 Fed. Reg. 8728 (March 2, 1989), and make any necessary corresponding amendments to other regulations, in order to facilitate the use of exchange-traded funds as investment options under variable contracts within the meaning of section 817(d) of the Internal Revenue Code of 1986, in accordance with subsections (b) and (c) of this section. (b) Designate certain authorized participants and market makers as eligible investors The Secretary of the Treasury (or the Secretary's delegate) shall amend Treas. Reg. section 1.817–5(f)(3) to provide that satisfaction of the requirements in Treas. Reg. section 1.817–5(f)(2)(i) with respect to an exchange-traded fund shall not be prevented by reason of beneficial interests in such a fund being held by 1 or more authorized participants or market makers. (c) Define relevant terms In amending Treas. Reg. section 1.817–5(f)(3) in accordance with subsection (b), the Secretary of the Treasury (or the Secretary's delegate) shall provide definitions consistent with the following: (1) Exchange-traded fund The term exchange-traded fund means a regulated investment company, partnership, or trust— (A) that is registered with the Securities and Exchange Commission as an open-end investment company or a unit investment trust; (B) the shares of which can be purchased or redeemed directly from the fund only by an authorized participant; and (C) the shares of which are traded throughout the day on a national stock exchange at market prices that may or may not be the same as the net asset value of the shares. (2) Authorized participant The term authorized participant means a financial institution that is a member or participant of a clearing agency registered under section 17A(b) of the Securities Exchange Act of 1934 that enters into a contractual relationship with an exchange-traded fund pursuant to which the financial institution is permitted to purchase and redeem shares directly from the fund and to sell such shares to third parties, but only if the contractual arrangement or applicable law precludes the financial institution from— (A) purchasing the shares for its own investment purposes rather than for the exclusive purpose of creating and redeeming such shares on behalf of third parties; and (B) selling the shares to third parties who are not market makers or otherwise described in Treas. Reg. section 1.817–5(f) (1) and (3). (3) Market maker The term market maker means a financial institution that is a registered broker or dealer under section 15(b) of the Securities Exchange Act of 1934 that maintains liquidity for an exchange-traded fund on a national stock exchange by being always ready to buy and sell shares of such fund on the market, but only if the financial institution is contractually or legally precluded from selling or buying such shares to or from persons who are not authorized participants or otherwise described in Treas. Reg. section 1.817–5(f) (2) and (3). (d) Effective date This section shall apply to segregated asset account investments made on or after the date which is 7 years after the date of the enactment of this Act. 121. Modification of age requirement for qualified ABLE programs (a) In general Section 529A(e) is amended by striking age 26 each place it appears in paragraphs (1)(A) and (2)(A)(i)(II) and inserting age 46 . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2025. 122. Assist savers in recovering unclaimed savings bonds Section 3105 of title 31, United States Code, is amended by adding at the end the following: (f) (1) The Secretary shall provide each State, in digital or other electronic form (including digital images), with all information concerning any applicable savings bond which is registered to an owner with a last known address that is within such State, including the serial number of the bond, the name and last known address of such owner, and all records of any transactions involving such bond. (2) (A) The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this subsection, including rules to— (i) protect the privacy of the owners of applicable savings bonds; and (ii) ensure that any information provided to a State under this subsection shall be used solely to carry out the purposes of this subsection. (B) Any regulations or guidance prescribed by the Secretary pursuant to subparagraph (A) shall not have the effect of prohibiting, restricting, or otherwise preventing a State from obtaining all information described in paragraph (1). (3) Not later than 12 months after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the Committee on Appropriations and the Committee on Finance of the Senate a report assessing all efforts to satisfy the requirement under paragraph (1). (4) Any State that receives information described in paragraph (1) with respect to an applicable savings bond may use such information to locate the registered owner of such bond pursuant to the same standards and requirements as are applicable under the abandoned property rules and regulations of such State. (5) For purposes of this subsection, the term applicable savings bond means a matured savings bond, and all payment of such bond, including interest, for which such bond— (A) was originally in paper, paperless, or electronic form; and (B) has not been redeemed by the registered owner. . II Retirees 201. Increase in age for required beginning date for mandatory distributions (a) Increase in age for required beginning date (1) In general Subclause (I) of section 401(a)(9)(C)(i) is amended to read as follows: (I) the first calendar year in which the employee attains the applicable age for such calendar year, or . (2) Special rule for owners Subclause (I) of section 401(a)(9)(C)(ii) is amended by striking in which the employee attains age 72 and inserting described in clause (i)(I) with respect to the employee . (b) Mandatory distribution age Paragraph (9) of section 401(a) is amended by inserting at the end the following new subparagraph: (J) Applicable age For purposes of this paragraph— (i) In general The applicable age is— (I) for calendar years before 2032, age 72, and (II) for calendar years after 2031, age 75. (ii) Transition rule If, as of a calendar year, an employee has not attained the applicable age with respect to such year, such employee shall be treated as not having attained the applicable age under this paragraph for such year without regard to whether, in a previous calendar year, the employee had attained the applicable age with respect to such previous calendar year. . (c) Spouse beneficiaries Subclause (I) of section 401(a)(9)(B)(iv) is amended by striking age 72 and inserting the applicable age . (d) Conforming amendment Subsection (b) of section 408 is amended by striking age 72 and inserting the applicable age determined under section 401(a)(9)(J) with respect to such individual . (e) Effective date The amendments made by this section shall apply to calendar years beginning after the date of the enactment of this Act. 202. Qualifying longevity annuity contracts (a) In general Not later than the date which is 18 months after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall amend the regulation issued by the Department of the Treasury relating to Longevity Annuity Contracts (79 Fed. Reg. 37633 (July 2, 2014)), as follows: (1) Repeal 25-percent premium limit The Secretary (or delegate) shall amend Q&A–17(b)(3) of Treas. Reg. section 1.401(a)(9)–6 and Q&A–12(b)(3) of Treas. Reg. section 1.408–8 to eliminate the requirement that premiums for qualifying longevity annuity contracts be limited to 25 percent of an individual’s account balance, and to make such corresponding changes to the regulations and related forms as are necessary to reflect the elimination of this requirement. (2) Increase dollar limitation (A) In general The Secretary (or delegate) shall amend Q&A–17(b)(2)(i) of Treas. Reg. section 1.401(a)(9)–6 and Q&A–12(b)(2)(i) of Treas. Reg. section 1.408–8 to increase the dollar limitation on premiums for qualifying longevity annuity contracts from $125,000 to $200,000, and to make such corresponding changes to the regulations and related forms as are necessary to reflect this increase in the dollar limitation. (B) Adjustments for inflation The Secretary (or delegate) shall amend Q&A–17(d)(2)(i) of Treas. Reg. section 1.401(a)(9)–6 to provide that, in the case of calendar years beginning on or after January 1 of the second year following the year of enactment of this Act, the $200,000 dollar limitation (as increased by subparagraph (A)) will be adjusted at the same time and in the same manner as the limits are adjusted under section 415(d) of the Internal Revenue Code of 1986, except that the base period shall be the calendar quarter beginning July 1 of the year of enactment of this Act, and any increase to such dollar limitation which is not a multiple of $10,000 will be rounded to the next lowest multiple of $10,000. (3) Facilitate joint and survivor benefits The Secretary (or delegate) shall amend Q&A–17(c) of Treas. Reg. section 1.401(a)(9)–6, and make such corresponding changes to the regulations and related forms as are necessary, to provide that, in the case of a qualifying longevity annuity contract which was purchased with joint and survivor annuity benefits for the individual and the individual's spouse which were permissible under the regulations at the time the contract was originally purchased, a divorce occurring after the original purchase and before the annuity payments commence under the contract will not affect the permissibility of the joint and survivor annuity benefits or other benefits under the contract, or require any adjustment to the amount or duration of benefits payable under the contract, provided that any qualified domestic relations order (within the meaning of section 414(p) of the Internal Revenue Code of 1986) or, in the case of an arrangement not subject to section 414(p) of such Code or section 206(d) of the Employee Retirement Income Security Act of 1974, any divorce or separation instrument (as defined in subsection (b))— (A) provides that the former spouse is entitled to the survivor benefits under the contract; (B) does not modify the treatment of the former spouse as the beneficiary under the contract who is entitled to the survivor benefits; or (C) does not modify the treatment of the former spouse as the measuring life for the survivor benefits under the contract. (4) Permit short free look period The Secretary (or delegate) shall amend Q&A–17(a)(4) of Treas. Reg. section 1.401(a)(9)–6 to ensure that such Q&A does not preclude a contract from including a provision under which an employee may rescind the purchase of the contract within a period not exceeding 90 days from the date of purchase. (b) Divorce or separation instrument For purposes of subsection (a)(2), the term divorce or separation instrument means— (1) a decree of divorce or separate maintenance or a written instrument incident to such a decree; (2) a written separation agreement; or (3) a decree (not described in paragraph (1)) requiring a spouse to make payments for the support or maintenance of the other spouse. (c) Effective dates, enforcement, and interpretations (1) Effective dates (A) Paragraphs (1) and (2) of subsection (a) shall be effective with respect to contracts purchased or received in an exchange on or after the date of the enactment of this Act. (B) Paragraphs (3) and (4) of subsection (a) shall be effective with respect to contracts purchased or received in an exchange on or after July 2, 2014. (2) Enforcement and interpretations Prior to the date on which the Secretary of the Treasury issues final regulations pursuant to subsection (a)— (A) the Secretary (or delegate) shall administer and enforce the law in accordance with subsection (a) and the effective dates in paragraph (1) of this subsection; and (B) taxpayers may rely upon their reasonable good faith interpretations of subsection (a). (d) Regulatory successor provision Any reference to a regulation under this section shall be treated as including a reference to any successor regulation thereto. 203. Remove required minimum distribution barriers for life annuities (a) In general Section 401(a)(9), as amended by this Act, is further amended by adding at the end the following new subparagraph: (K) Certain increases in payments under a commercial annuity Nothing in this section shall prohibit a commercial annuity (within the meaning of section 3405(e)(6)) that is issued in connection with any eligible retirement plan (within the meaning of section 402(c)(8)(B), other than a defined benefit plan) from providing one or more of the following types of payments on or after the annuity starting date: (i) annuity payments that increase by a constant percentage, applied not less frequently than annually, at a rate that is less than 5 percent per year, (ii) a lump sum payment that— (I) results in a shortening of the payment period with respect to an annuity or a full or partial commutation of the future annuity payments, provided that such lump sum is determined using reasonable actuarial methods and assumptions, as determined in good faith by the issuer of the contract, or (II) accelerates the receipt of annuity payments that are scheduled to be received within the ensuing 12 months, regardless of whether such acceleration shortens the payment period with respect to the annuity, reduces the dollar amount of benefits to be paid under the contract, or results in a suspension of annuity payments during the period being accelerated, (iii) an amount which is in the nature of a dividend or similar distribution, provided that the issuer of the contract determines such amount based on a reasonable comparison of the actuarial factors assumed when calculating the initial annuity payments and the issuer’s experience with respect to those factors, or (iv) a final payment upon death that does not exceed the excess of the total amount of the consideration paid for the annuity payments, less the aggregate amount of prior distributions or payments from or under the contract. . (b) Effective date This section shall take effect on the date of the enactment of this Act. 204. Eliminating a penalty on partial annuitization (a) Eliminating a penalty on partial annuitization The Secretary of the Treasury (or the Secretary's delegate) shall amend the regulations under section 401(a)(9) of the Internal Revenue Code of 1986 to provide that if an employee’s benefit is in the form of an individual account under a defined contribution plan, the plan may allow the employee to elect to have the amount required to be distributed from such account under such section for a year to be calculated as the excess of the total required amount for such year over the annuity amount for such year. (b) Definitions For purposes of this section— (1) Total required amount The term total required amount , with respect to a year, means the amount which would be required to be distributed under Treas. Reg. section 1.401(a)(9)–5 (or any successor regulation) for the year, determined by treating the account balance as of the last valuation date in the immediately preceding calendar year as including the value on that date of all annuity contracts which were purchased with a portion of the account and from which payments are made in accordance with Treas. Reg. section 1.401(a)(9)–6. (2) Annuity amount The term annuity amount , with respect to a year, is the total amount distributed in the year from all annuity contracts described in paragraph (1). (c) Conforming regulatory amendments The Secretary of the Treasury (or the Secretary's delegate) shall amend the regulations under sections 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Revenue Code of 1986 to conform to the amendments described in subsection (a). Such conforming amendments shall treat all individual retirement plans (as defined in section 7701(a)(37) of such Code) which an individual holds as the owner, or which an individual holds as a beneficiary of the same decedent, as one such plan for purposes of the amendments described in subsection (a). Such conforming amendments shall also treat all contracts described in section 403(b) of such Code which an individual holds as an employee, or which an individual holds as a beneficiary of the same decedent, as one such contract for such purposes. (d) Effective date The modifications and amendments required under subsections (a) and (c) shall be deemed to have been made as of the date of the enactment of this Act, and as of such date— (1) all applicable laws shall be applied in all respects as though the actions which the Secretary of the Treasury (or the Secretary's delegate) is required to take under such subsections had been taken, and (2) until such time as such actions are taken, taxpayers may rely upon their reasonable good faith interpretations of this section. 205. Reduction in excise tax on certain accumulations in qualified retirement plans (a) In general Section 4974(a) is amended by striking 50 percent and inserting 25 percent . (b) Reduction in excise tax on failures to take required minimum distributions Section 4974 is amended by adding at the end the following new subsection: (e) Reduction of tax in certain cases (1) Reduction In the case of a taxpayer who— (A) receives a distribution, during the correction window, of the amount which resulted in imposition of a tax under subsection (a) from the same plan to which such tax relates, and (B) submits a return, during the correction window, reflecting such tax (as modified by this subsection), the first sentence of subsection (a) shall be applied by substituting 10 percent for 25 percent . (2) Correction window For purposes of this subsection, the term correction window means the period of time beginning on the date on which the tax under subsection (a) is imposed with respect to a shortfall of distributions from a plan described in subsection (a), and ending on the earliest of— (A) the date of mailing a notice of deficiency with respect to the tax imposed by subsection (a) under section 6212, (B) the date on which the tax imposed by subsection (a) is assessed, or (C) the last day of the second taxable year that begins after the end of the taxable year in which the tax under subsection (a) is imposed. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 206. Clarification of substantially equal periodic payment rule (a) In general Paragraph (4) of section 72(t) is amended by inserting at the end the following new subparagraph: (C) Rollovers to subsequent plan If— (i) payments described in paragraph (2)(A)(iv) are being made from a qualified retirement plan, (ii) a transfer or a rollover from such qualified retirement plan of all or a portion of the taxpayer's benefit under the plan is made to another qualified retirement plan, and (iii) distributions from the transferor and transferee plans would in combination continue to satisfy the requirements of paragraph (2)(A)(iv) if they had been made only from the transferor plan, such transfer or rollover shall not be treated as a modification under subparagraph (A)(ii), and compliance with paragraph (2)(A)(iv) shall be determined on the basis of the combined distributions described in clause (iii). . (b) Nonqualified annuity contracts Paragraph (3) of section 72(q) is amended— (1) by redesignating clauses (i) and (ii) of subparagraph (B) as subclauses (I) and (II), and by moving such subclauses 2 ems to the right; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), by moving such clauses 2 ems to the right, and by adjusting the flush language at the end accordingly; (3) by striking payments .—If and inserting “ payments .— (A) In general If— ; and (4) by adding at the end the following new subparagraph: (B) Exchanges to subsequent contracts If— (i) payments described in paragraph (2)(D) are being made from an annuity contract, (ii) an exchange of all or a portion of such contract for another contract is made under section 1035, and (iii) the aggregate distributions from the contracts involved in the exchange continue to satisfy the requirements of paragraph (2)(D) as if the exchange had not taken place, such exchange shall not be treated as a modification under subparagraph (A)(ii), and compliance with paragraph (2)(D) shall be determined on the basis of the combined distributions described in clause (iii). . (c) Information reporting Section 6724 is amended by inserting at the end the following new subsection: (g) Special rule for reporting certain additional taxes No penalty shall be imposed under section 6721 or 6722 if— (1) a person makes a return or report under section 6047(d) or 408(i) with respect to any distribution, (2) such distribution is made following a rollover, transfer, or exchange described in section 72(t)(4)(C) or section 72(q)(3)(C), (3) in making such return or report the person relies upon a certification provided by the taxpayer that the distributions satisfy the requirements of section 72(t)(4)(C)(iii) or section 72(q)(3)(B)(iii), as applicable, and (4) such person does not have actual knowledge that the distributions do not satisfy such requirements. . (d) Safe harbor for annuity payments (1) Qualified retirement plans Subparagraph (A) of section 72(t)(2) is amended by adding at the end the following flush sentence: For purposes of clause (iv), periodic payments shall not fail to be treated as substantially equal merely because they are amounts received as an annuity, and such periodic payments shall be deemed to be substantially equal if they are payable over a period described in clause (iv) and satisfy the requirements applicable to annuity payments under section 401(a)(9). . (2) Other annuity contracts Paragraph (2) of section 72(q) is amended by adding at the end the following flush sentence: For purposes of subparagraph (D), periodic payments shall not fail to be treated as substantially equal merely because they are amounts received as an annuity, and such periodic payments shall be deemed to be substantially equal if they are payable over a period described in subparagraph (D) and would satisfy the requirements applicable to annuity payments under section 401(a)(9) if such requirements applied. . (e) Effective dates (1) In general The amendments made by subsections (a), (b), and (c) shall apply to transfers, rollovers, and exchanges occurring on or after the date of the enactment of this Act. (2) Annuity payments The amendment made by subsection (d) shall apply to distributions commencing on or after the date of the enactment of this Act. (3) No inference Nothing in the amendments made by this section shall be construed to create an inference with respect to the law in effect prior to the effective date of such amendments. 207. Recovery of retirement plan overpayments (a) Qualification requirements Section 414 is amended by adding at the end the following new subsection: (aa) Special rules applicable to benefit overpayments (1) In general A plan shall not fail to be treated as described in clause (i), (ii), (iii), or (iv) of section 219(g)(5)(A) (and shall not fail to be treated as satisfying the requirements of section 401(a) or 403) merely because— (A) the plan fails to obtain payment from any participant, beneficiary, employer, plan sponsor, fiduciary, or other party on account of any inadvertent benefit overpayment made by the plan, or (B) the plan sponsor amends the plan to increase past or future benefit payments to affected participants and beneficiaries in order to adjust for prior inadvertent benefit overpayments. (2) Reduction in future benefit payments and recovery from responsible party Paragraph (1) shall not fail to apply to a plan merely because, after discovering a benefit overpayment, such plan— (A) reduces future benefit payments to the correct amount provided for under the terms of the plan, or (B) seeks recovery from the person or persons responsible for such overpayment. (3) Employer funding obligations Nothing in this subsection shall relieve an employer of any obligation imposed on it to make contributions to a plan to satisfy the minimum funding standards under sections 412 and 430 or to prevent or restore an impermissible forfeiture in accordance with section 411. (4) Observance of benefit limitations Notwithstanding paragraph (1), a plan to which paragraph (1) applies shall observe any limitations imposed on it by section 401(a)(17) or 415. The plan may enforce such limitations using any method approved by the Secretary for recouping benefits previously paid or allocations previously made in excess of such limitations. (5) Coordination with other qualification requirements The Secretary may issue regulations or other guidance of general applicability specifying how benefit overpayments and their recoupment or non-recoupment from a participant or beneficiary shall be taken into account for purposes of satisfying any requirement applicable to a plan to which paragraph (1) applies. . (b) Rollovers Section 402(c) is amended by adding at the end the following new paragraph: (12) In the case of an inadvertent benefit overpayment from a plan to which section 414(aa)(1) applies which is transferred to an eligible retirement plan by or on behalf of a participant or beneficiary— (A) the portion of such overpayment with respect to which recoupment is not sought on behalf of the plan shall be treated as having been paid in an eligible rollover distribution if the payment would have been an eligible rollover distribution but for being an overpayment, and (B) the portion of such overpayment with respect to which recoupment is sought on behalf of the plan shall be permitted to be returned to such plan and in such case shall be treated as an eligible rollover distribution transferred to such plan by the participant or beneficiary who received such overpayment (and the plans making and receiving such transfer shall be treated as permitting such transfer). . (c) Effective date The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. (d) Certain actions before effective date Plans, fiduciaries, employers, and plan sponsors are entitled to rely on a reasonable good faith interpretation of then existing administrative guidance for inadvertent benefit overpayment recoupments and recoveries that commenced before the first day of the first plan year beginning after the date of the enactment of this Act. 208. Retirement Savings Lost and Found (a) Retirement Savings Lost and Found (1) Establishment (A) In general Not later than 3 years after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Labor, the Secretary of Commerce, and the Director of the Pension Benefit Guaranty Corporation, shall establish an online searchable database (to be managed by the Secretary of the Treasury in accordance with section 7901 of the Internal Revenue Code of 1986) to be known as the Retirement Savings Lost and Found . The Retirement Savings Lost and Found shall— (i) allow an individual to search for information that enables the individual to locate the plan administrator of any plans with respect to which the individual is or was a participant or beneficiary, and to provide contact information for the plan administrator of any plan described in subparagraph (B); (ii) allow the Secretary of the Treasury to assist such an individual in locating any plan of the individual; and (iii) allow the Secretary of the Treasury to make any necessary changes to contact information on record for the plan administrator based on any changes to the plan due to merger or consolidation of the plan with any other plan, division of the plan into two or more plans, bankruptcy, termination, change in name of the plan, change in name or address of the plan administrator, or other causes. The Retirement Savings Lost and Found established under this paragraph shall include information reported under section 7901 of such Code and other relevant information obtained by the Secretary of the Treasury. (B) Plans described A plan described in this subparagraph is a plan to which the vesting standards of section 411 of the Internal Revenue Code of 1986 apply. (2) Administration The Retirement Savings Lost and Found established under paragraph (1) shall provide individuals described in paragraph (1)(A) only with the ability to view contact information for the plan administrator of any plan with respect to which the individual is or was a participant or beneficiary, sufficient to allow the individual to locate the individual’s plan in order to recover any benefit owing to the individual under the plan. (3) Safeguarding participant privacy and security (A) In general In establishing the Retirement Savings Lost and Found under paragraph (1), the Secretary of the Treasury, in consultation with the Secretary of Labor, the Secretary of Commerce, and the Director of the Pension Benefit Guaranty Corporation, shall take all necessary and proper precautions to ensure that individuals’ plan information maintained by the Retirement Savings Lost and Found is protected and that persons other than the individual cannot fraudulently claim the benefits to which any individual is entitled, and to allow any individual to opt out of inclusion in the Retirement Savings Lost and Found at the election of the individual. (B) Disclosure The Secretary of the Treasury may, through regulations or other guidance— (i) authorize disclosure to the agencies jointly administering the Retirement Savings Lost and Found of such return information as is necessary to administer the Retirement Savings Lost and Found database, but only to such employees whose official duties with respect to the database require such disclosure, and (ii) authorize disclosure to plan participants and beneficiaries of the contact information for the plan administrator of any plan with respect to which such individuals are or were a participant or beneficiary. (4) Secretary Any reference in this subsection to the Secretary of the Treasury includes such Secretary's delegate. (b) Office of the Retirement Savings Lost and Found (1) In general Subtitle F is amended by adding at the end the following new chapter: 81 Office of the Retirement Savings Lost and Found Sec. 7901. Office of the Retirement Savings Lost and Found. 7901. Office of the Retirement Savings Lost and Found (a) Establishment; responsibilities of Office (1) In general Not later than 2 years after the date of the enactment of this section, the Secretary shall establish within the Department of the Treasury an Office of the Retirement Savings Lost and Found (in this section referred to as the Office ). (2) Responsibilities of Office The Office shall— (A) carry out subsection (b), (B) maintain the Retirement Savings Lost and Found established under section 208(a) of the Enhancing American Retirement Now Act , and (C) perform an annual audit of plan information contained in the Retirement Savings Lost and Found and ensure that such information is current and accurate. (b) Certain non-Responsive participants entitled to small benefits (1) General rule (A) Transfer to the Office of the Retirement Savings Lost and Found The administrator of a plan which is not terminated and to which section 401(a)(31)(B) applies shall transfer to the Office the amount required to be transferred under section 401(a)(31)(B)(iv) for a non-responsive participant. (B) Information and payment to the Office Upon making a transfer under subparagraph (A), the plan administrator shall provide such information and certifications as the Office shall specify, including with respect to the transferred amount and the non-responsive participant. (C) Information requirements after transfer In the event that, after a transfer is made under subparagraph (A), the relevant non-responsive participant contacts the plan administrator or the plan administrator discovers information that may assist the Office in locating the non-responsive participant, the plan administrator shall notify and provide such information as the Office shall specify to the Office. (D) Search and payment by the Office following transfer The Office shall periodically, and upon receiving information described in subparagraph (C), conduct a search for the non-responsive participant for whom the Office has received a transfer under subparagraph (A). Upon location of a non-responsive participant who claims benefits, the Office shall make a single payment to the non-responsive participant in an amount equal to the sum of— (i) the amount transferred to the Office under subparagraph (A) for such participant, and (ii) any earnings on the amount described in clause (i) (2) Definition For purposes of this subsection, the term non-responsive participant means a participant or beneficiary of a plan described in paragraph (1)(A)— (A) who is entitled to a benefit subject to a mandatory transfer under section 401(a)(31)(B)(iii), and (B) for whom the plan has satisfied the conditions in section 401(a)(31)(B)(iv). (3) Regulatory Authority The Secretary shall prescribe such regulations as are necessary to carry out the purposes of this section, including rules relating to the amount payable to the Office and the amount to be paid by the Office. (c) Information collection Within such period after the end of a plan year as the Secretary may by regulations prescribe, the administrator of a plan to which the vesting standards of section 411 apply shall submit to the Office in such form as the Secretary may require— (1) the information described in paragraphs (1) through (4) of section 6057(b), (2) the information described in subparagraphs (A), (B), (E), and (F) of section 6057(a)(2), and (3) such other information as the Secretary may require. (d) Effective date The requirements of subsections (b) and (c) shall apply with respect to plan years beginning after the second December 31 occurring after the date of the enactment of this section. (e) Establishment of fund (1) In general A fund shall be established within the Treasury for the payment of benefits under subsection (b)(1)(D). Such fund shall be credited with the appropriate— (A) amounts transferred to the Office of the Retirement Savings Lost and Found under subsection (b)(1)(A), and (B) earnings on investments of the fund or on assets credited to the fund. (2) Investment of funds Whenever the Secretary determines that the moneys of any fund are in excess of current needs, the Secretary may invest such amounts as the Secretary determines advisable in obligations issued or guaranteed by the United States. . (2) Conforming amendment The table of chapters for subtitle F is amended by adding at the end the following new item: Chapter 81—Office of the Retirement Savings Lost and Found . (c) Mandatory transfers of rollover distributions (1) Cap Sections 401(a)(31)(B)(ii) and 411(a)(11)(A) are each amended by striking $5,000 and inserting $6,000 . (2) Distribution of larger amounts to individual retirement plans only Section 401(a)(31)(B)(i) is amended by adding at the end the following: The Retirement Savings Lost and Found established by section 208 of the Enhancing American Retirement Now Act shall not be treated as a trustee or issuer which is eligible to receive such distributions. . (3) Lesser amounts Section 401(a)(31)(B) is amended by adding at the end the following new clauses: (iii) Treatment of lesser amounts In the case of a trust which is part of an eligible plan, such trust shall not be a qualified trust under this section unless such plan provides that, if a participant in the plan separates from the service covered by the plan and the nonforfeitable accrued benefit described in clause (ii) is not in excess of $1,000, the plan administrator shall (either separately or as part of the notice under section 402(f)) notify the participant that the participant is entitled to such benefit or attempt to pay the benefit directly to the participant. (iv) Transfers to Retirement Savings Lost and Found If, after a plan administrator takes the action required under clause (iii), the participant does not— (I) within 6 months of the notification under such clause, make an election under subparagraph (A) or elect to receive a distribution of the benefit directly, or (II) accept any direct payment made under such clause within 6 months of the attempted payment, the plan administrator shall transfer the amount of such benefit to the Office of the Retirement Savings Lost and Found in accordance with section 7901. (v) Income tax treatment of transfers to Retirement Savings Lost and Found For purposes of determining the income tax treatment of transfers to the Office of the Retirement Savings Lost and Found under clause (iv)— (I) such a transfer shall be treated as a transfer to an individual retirement plan under clause (i), and (II) the distribution of such amounts by the Office of the Retirement Savings Lost and Found shall be treated as a distribution from an individual retirement plan. . (4) Effective date The amendments made by this subsection shall apply to vested benefits with respect to participants who separate from service connected to the plan in plan years beginning after the second December 31 occurring after the date of the enactment of this Act. (d) Better reporting for mandatory transfers (1) In general Paragraph (2) of section 6057(a) is amended— (A) in subparagraph (C)— (i) by striking during such plan year in clause (i) and inserting during the plan year immediately preceding such plan year ; (ii) by adding and at the end of clause (i); and (iii) by striking clause (iii); (B) by redesignating subparagraph (E) as subparagraph (G); (C) by striking and at the end of subparagraph (D); and (D) by inserting after subparagraph (D) the following new subparagraphs: (E) the name and taxpayer identifying number of each participant or former participant in the plan— (i) who, during the current plan year or any previous plan year, was reported under subparagraph (C), and with respect to whom the benefits described in subparagraph (C)(ii) were fully paid during the plan year, (ii) with respect to whom any amount was distributed under section 401(a)(31)(B) during the plan year, or (iii) with respect to whom a deferred annuity contract was distributed during the plan year, (F) in the case of a participant or former participant to whom subparagraph (E) applies— (i) in the case of a participant described in clause (ii) thereof, the name and address of the designated trustee or issuer described in section 401(a)(31)(B)(i) and the account number of the individual retirement plan to which the amount was distributed, and (ii) in the case of a participant described in clause (iii) thereof, the name and address of the issuer of such annuity contract and the contract or certificate number, and . (2) Rules relating to direct trustee-to-trustee transfers (A) In general Paragraph (6) of section 402(e) is amended— (i) by striking transfers .—Any and inserting “ transfers .— (A) In general Any ; and (ii) by adding at the end the following new subparagraph: (B) Notification of trustee In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section. . (B) Penalty Subsection (i) of section 6652 is amended— (i) by striking to recipients in the heading and inserting or notification ; (ii) by striking 402(f), and inserting 402(f) or a notification as required by section 402(e)(6)(B), ; and (iii) by striking such written explanation and inserting such written explanation or notification . (C) Reports Subsection (i) of section 408 is amended— (i) by redesignating subparagraphs (A) and (B) of paragraph (2) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (ii) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; and (iii) by striking as the Secretary prescribes in subparagraph (B)(ii), as so redesignated, and all that follows through a simple retirement account and inserting “as the Secretary prescribes. (3) Simple retirement accounts In the case of a simple retirement account ; (iv) by striking Reports .—The trustee of and inserting “ Reports.— (1) In general The trustee of ; (v) by striking under paragraph (2) in paragraph (3), as redesignated by clause (iii), and inserting under paragraph (1)(B) ; and (vi) by inserting after paragraph (1)(B)(ii), as redesignated by the preceding clauses, the following new paragraph: (2) Mandatory distributions In the case of an account, contract, or annuity to which a transfer under section 401(a)(31)(B) is made (including a transfer from the individual retirement plan to which the original transfer under such section was made to another individual retirement plan), the report required by this subsection for the year of the transfer and any year in which the information previously reported in subparagraph (B) changes shall— (A) identify such transfer as a mandatory distribution required by such section, and (B) include the name, address, and taxpayer identifying number of the trustee or issuer of the individual retirement plan to which the amount is transferred. . (3) Notification of participants upon separation Subsection (e) of section 6057 is amended by inserting , and, with respect to any benefit of the individual subject to section 401(a)(31)(B), a notice of availability of, and the contact information for, the Retirement Savings Lost and Found established under section 208(a) of the Enhancing American Retirement Now Act before the period at the end of the second sentence. (4) Effective date The amendments made by this subsection shall apply to distributions made in, and returns and reports relating to, years beginning after the second December 31 occurring after the date of the enactment of this Act. (e) Requirement of electronic filing (1) In general Paragraph (2) of section 6011(e) is amended— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (B) by striking regulations .—In prescribing and inserting “ regulations .— (A) In general In prescribing ; and (C) by adding at the end the following new subparagraph: (C) Exceptions Notwithstanding subparagraph (A), the Secretary shall require returns or reports required under— (i) sections 6057, 6058, and 6059, and (ii) sections 408(i), 6041, and 6047 to the extent such return or report relates to the tax treatment of a distribution from a plan, account, contract, or annuity, to be filed on magnetic media, but only with respect to persons who are required to file at least 50 returns during the calendar year which includes the first day of the plan year to which such returns or reports relate. . (2) Effective date The amendments made by this subsection shall apply to returns and reports relating to years beginning after the second December 31 occurring after the date of the enactment of this Act. 209. Roth plan distribution rules (a) In general Subsection (d) of section 402A is amended by adding at the end the following new paragraph: (5) Mandatory distribution rules not to apply before death Notwithstanding sections 403(b)(10) and 457(d)(2), the following provisions shall not apply to any designated Roth account: (A) Section 401(a)(9)(A). (B) The incidental death benefit requirements of section 401(a). . (b) Effective date (1) In general Except as provided in paragraph (2), the amendment made by this section shall apply to taxable years beginning after December 31, 2023. (2) Special rule The amendment made by this section shall not apply to distributions which are required with respect to years beginning before January 1, 2024, but are permitted to be paid on or after such date. 210. One-time election for qualified charitable distribution to split-interest entity; increase in qualified charitable distribution limitation (a) One-time election for qualified charitable distribution to split-interest entity Section 408(d)(8) is amended by adding at the end the following new subparagraph: (F) One-time election for qualified charitable distribution to split-interest entity (i) In general A taxpayer may for a taxable year elect under this subparagraph to treat as meeting the requirement of subparagraph (B)(i) any distribution from an individual retirement account which is made directly by the trustee to a split-interest entity, but only if— (I) an election is not in effect under this subparagraph for a preceding taxable year, (II) the aggregate amount of distributions of the taxpayer with respect to which an election under this subparagraph is made does not exceed $50,000, and (III) such distribution meets the requirements of clauses (iii) and (iv). (ii) Split-interest entity For purposes of this subparagraph, the term split-interest entity means— (I) a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by qualified charitable distributions, (II) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by qualified charitable distributions, or (III) a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by qualified charitable distributions and commences fixed payments of 5 percent or greater not later than 1 year from the date of funding. (iii) Contributions must be otherwise deductible A distribution meets the requirements of this clause only if— (I) in the case of a distribution to a charitable remainder annuity trust or a charitable remainder unitrust, a deduction for the entire value of the remainder interest in the distribution for the benefit of a specified charitable organization would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph), and (II) in the case of a charitable gift annuity, a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section 501(m)(5)(B) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). (iv) Limitation on income interests A distribution meets the requirements of this clause only if— (I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and (II) the income interest in the split-interest entity is nonassignable. (v) Special rules (I) Charitable remainder trusts Notwithstanding section 664(b), distributions made from a trust described in subclause (I) or (II) of clause (ii) shall be treated as ordinary income in the hands of the beneficiary to whom the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A) is paid. (II) Charitable gift annuities Qualified charitable distributions made to fund a charitable gift annuity shall not be treated as an investment in the contract for purposes of section 72(c). . (b) Inflation adjustment Section 408(d)(8), as amended by subsection (a), is further amended by adding at the end the following new subparagraph: (G) Inflation adjustment (i) In general In the case of any taxable year beginning after 2023, each of the dollar amounts in subparagraphs (A) and (F) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (ii) Rounding If any dollar amount increased under clause (i) is not a multiple of $1,000, such dollar amount shall be rounded to the nearest multiple of $1,000. . (c) Effective date The amendment made by this section shall apply to distributions made in taxable years beginning after the date of the enactment of this Act. 211. Exception to penalty on early distributions from qualified plans for individuals with a terminal illness (a) In general Section 72(t)(2), as amended by this Act, is further amended by adding at the end the following new subparagraph: (K) Terminal illness (i) In general Distributions which are made to the employee who is a terminally ill individual on or after the date on which such employee has been certified by a physician as having a terminal illness. (ii) Definition For purposes of this subparagraph, the term terminally ill individual has the same meaning given such term under section 101(g)(4)(A), except that 84 months shall be substituted for 24 months . (iii) Documentation For purposes of this subparagraph, an employee shall not be considered to be a terminally ill individual unless such employee furnishes sufficient evidence to the plan administrator in such form and manner as the Secretary may require. . (b) Effective date The amendment made by this section shall apply to distributions made after the date of the enactment of this Act. 212. Surviving spouse election to be treated as employee (a) In general Section 401(a)(9)(B)(iv), as amended by this Act, is further amended to read as follows: (iv) Special rule for surviving spouse of employee If the designated beneficiary referred to in clause (iii)(I) is the surviving spouse of the employee and the surviving spouse elects the treatment in this clause— (I) the regulations referred to in clause (iii)(II) shall treat the surviving spouse as if the surviving spouse were the employee, (II) the date on which the distributions are required to begin under clause (iii)(III) shall not be earlier than the date on which the employee would have attained the applicable age, and (III) if the surviving spouse dies before the distributions to such spouse begin, this subparagraph shall be applied as if the surviving spouse is the employee. An election described in this clause shall be made at such time and in such manner as prescribed by the Secretary, shall include a timely notice to the plan administrator, and once made may not be revoked except with the consent of the Secretary. . (b) Extension of election of at least as rapidly rule The Secretary shall amend Q&A–5(a) of Treasury Regulation section 1.401(a)(9)-5 (or any successor regulation thereto) to provide that if the surviving spouse is the employee’s sole designated beneficiary and the spouse elects treatment under section 401(a)(9)(B)(iv), then the applicable distribution period for distribution calendar years after the distribution calendar year including the employee’s date of death is determined under the uniform lifetime table. (c) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2023. 213. Long-term care contracts purchased with retirement plan distributions (a) In general Section 401(a) is amended by inserting after paragraph (38) the following new paragraph: (39) Qualified long-term care distributions (A) In general A trust forming part of a defined contribution plan shall not be treated as failing to constitute a qualified trust under this section solely by reason of allowing qualified long-term care distributions. (B) Qualified long-term care distribution For purposes of this paragraph— (i) In general The term qualified long-term care distribution means so much of the distributions made during the taxable year as does not exceed, in the aggregate, the lesser of— (I) the amount paid by or assessed to the participant during the taxable year for or with respect to certified long-term care insurance for the participant or the participant’s spouse (or other family member of the participant as provided by the Secretary by regulation), or (II) $2,500. (ii) Adjustment for inflation In the case of taxable years beginning after December 31, 2024, the $2,500 amount in clause (i)(II) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2023 for calendar year 2016 in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. (C) Certified long-term care insurance The term certified long-term care insurance means— (i) a qualified long-term care insurance contract (as defined in section 7702B(b)) covering qualified long-term care services (as defined in section 7702B(c)), (ii) coverage of the risk that an insured individual would become a chronically ill individual (within the meaning of section 101(g)(4)(B)) under a rider or other provision of a life insurance contract which satisfies the requirements of section 101(g)(3) (determined without regard to subparagraph (D) thereof), or (iii) coverage of qualified long-term care services (as so defined) under a rider or other provision of an insurance or annuity contract which is treated as a separate contract under section 7702B(e) and satisfies the requirements of section 7702B(g), if such coverage provides meaningful financial assistance in the event the insured needs home-based or nursing home care. For purposes of the preceding sentence, coverage shall not be deemed to provide meaningful financial assistance unless benefits are adjusted for inflation and consumer protections are provided, including protection in the event the coverage is terminated. (D) Distributions must otherwise be includible Rules similar to the rules of section 402(l)(3) shall apply for purposes of this paragraph. (E) Long-term care premium statement (i) In general No distribution shall be treated as a qualified long-term care distribution unless a long-term care premium statement with respect to the participant has been filed with the plan. (ii) Long-term care premium statement For purposes of this paragraph, a long-term care premium statement is a statement provided by the issuer of long-term care coverage, upon request by the owner of such coverage, which includes— (I) the name and taxpayer identification number of such issuer, (II) a statement that the coverage is certified long-term care insurance, (III) identification of the participant as the owner of such coverage, (IV) identification of the individual covered and such individual's relationship to the participant, (V) the premiums owed for the coverage for the calendar year, and (VI) such other information as the Secretary may require. (iii) Filing with Secretary A long-term care premium statement will be accepted only if the issuer has completed a disclosure to the Secretary for the specific coverage product to which the statement relates. Such disclosure shall identify the issuer, type of coverage, and such other information as the Secretary may require which is included in the filing of the product with the applicable State authority. . (b) Conforming amendments (1) Section 401(k)(2)(B)(i) is amended by striking or at the end of subclause (V), by adding or at the end of subclause (VI), and by adding at the end the following new subclause: (VII) as provided in section 401(a)(39), . (2) Section 403(a) is amended by adding at the end the following new paragraph: (6) Qualified long-term care distributions An annuity contract shall not fail to be subject to this subsection solely by reason of allowing distributions to which section 401(a)(39) applies. . (3) Section 403(b)(11) is amended by striking or at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting , or , and by inserting after subparagraph (D) the following new subparagraph: (E) for distributions to which section 401(a)(39) applies. . (4) Section 457(d)(1)(A) is amended by striking or at the end of clause (iii), by striking the comma at the end of clause (iv) and inserting , or , and by adding at the end the following new clause: (v) as provided in section 401(a)(39), . (c) Exemption from additional tax on early distributions Section 72(t)(2), as amended by this Act, is further amended by adding at the end the following new subparagraph: (L) Qualified long-term care distributions (i) In general Any qualified long-term care distribution which meets the requirements of section 401(a)(39). (ii) Exception If the individual covered by the long-term care coverage to which such distribution relates is the spouse of the participant in the plan, clause (i) shall apply only if the participant and the participant's spouse file a joint return. (iii) Exemption of distributions from trustee to trustee transfer and withholding rules For purposes of sections 401(a)(31), 402(f), and 3405, a qualified long-term care distribution shall not be treated as an eligible rollover distribution. . (d) Reporting (1) In general Subpart B of part III of subchapter A of chapter 61 is amended by adding at the end the following new section: 6050Z. Reports relating to long-term care premium statements (a) Requirement of reporting Any issuer of certified long-term care insurance (as defined in section 401(a)(39)(C)) who provides a long-term care premium statement to any purchaser pursuant to section 401(a)(39)(E) for a calendar year, shall make a return not later than February 1 of the succeeding calendar year, according to forms or regulations prescribed by the Secretary, setting forth with respect to each such purchaser— (1) the name and taxpayer identification number of such issuer, (2) a statement that the coverage is certified long-term care insurance as defined in section 401(a)(39)(C), (3) the name of the owner of such coverage, (4) identification of the individual covered and such individual's relationship to the owner, (5) the premiums paid for the coverage for the calendar year, and (6) such other information as the Secretary may require. (b) Statement to be furnished to persons with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing— (1) the name, address, and phone number of the information contact of the issuer of the contract or coverage, and (2) the aggregate amount of premiums and charges paid under the contract or coverage covering the insured individual during the calendar year. The written statement required under the preceding sentence shall be furnished to the individual or individuals on or before January 31 of the year following the calendar year for which the return required under subsection (a) was required to be made. (c) Contracts or coverage covering more than one insured In the case of contracts or coverage covering more than one insured, the return and statement required by subsections (a) and (b) shall identify only the portion of the premium that is properly allocable to the insured in respect of whom the return or statement is made. (d) Statement to be furnished on request If any individual to whom a return is required to be furnished under subsection (b) requests that such a return be furnished at any time before the close of the calendar year, the person required to make the return under subsection (b) shall comply with such request and shall furnish to the Secretary at such time a copy of the return so provided. . (2) Penalties Section 6724(d) is amended— (A) in paragraph (1)(B), by adding or at the end of clause (xxvii) and by inserting after such clause the following new clause: (xxviii) section 6050Z (relating to reports relating to long-term care premium statements), and , and (B) in paragraph (2)— (i) by redesignating subparagraph (JJ), relating to section 6050Y, as subparagraph (KK) and moving such subparagraph to the position immediately after subparagraph (JJ), relating to section 6226(a)(2), (ii) by striking or at the end of subparagraph (II), (iii) by striking the period at the end of subparagraph (JJ), relating to section 6226(a)(2), and inserting a comma, (iv) by striking the period at the end of subparagraph (KK), as so redesignated, and inserting , or , and (v) by inserting after subparagraph (KK), as so redesignated, the following new subparagraph: (LL) section 6050Z (relating to reports relating to long-term care premium statements). . (3) Clerical amendment The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by adding after the item relating to section 6050Y the following new item: Sec. 6050Z. Reports relating to long-term care premium statements. . (e) Effective date The amendments made by this section shall apply to distributions made after the date which is 3 years after the date of the enactment of this Act. (f) Disclosure to Treasury of long-term care insurance products The Secretary of the Treasury (or the Secretary's delegate) shall issue such forms and guidance as are necessary to collect the filing required by section 401(a)(39)(E)(iii) of the Internal Revenue Code of 1986, as added by this section. (g) Treasury website The Secretary of the Treasury (or the Secretary's delegate) shall maintain a website that discloses information regarding long-term care insurance policies, including common policy features, factors to consider in selecting coverage levels, consumer protections, tax rules for premiums and benefits, and the special tax and distribution rules applicable to certified long-term care insurance (as defined in section 401(a)(39)(C) of the Internal Revenue Code of 1986). Such website shall also identify issuers of certified long-term care insurance (as so defined) by State, issuer contact information, and other information specific to an issuer and its long-term care insurance which is included in the issuer's filing for such insurance with the applicable State authority and disclosed to the Secretary. III Public safety officers and military 301. Military spouse retirement plan eligibility credit for small employers (a) In general Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: 45U. Military spouse retirement plan eligibility credit for small employers (a) In general For purposes of section 38, in the case of any eligible small employer, the military spouse retirement plan eligibility credit determined under this section for any taxable year is an amount equal to the sum of— (1) $200 with respect to each military spouse who is an employee of such employer and who is eligible to participate in an eligible defined contribution plan of such employer at any time during such taxable year, plus (2) so much of the contributions made by such employer to all such plans with respect to such employee during such taxable year as do not exceed $300. (b) Limitation An individual shall only be taken into account as a military spouse under subsection (a) for the taxable year which includes the date on which such individual began participating in the eligible defined contribution plan of the employer and the 2 succeeding taxable years. (c) Eligible small employer For purposes of this section, the term eligible small employer means an eligible employer (as defined in section 408(p)(2)(C)(i)(I). (d) Military spouse For purposes of this section— (1) In general The term military spouse means, with respect to any employer, any individual who is married (within the meaning of section 7703 as of the first date that the employee is employed by the employer) to an individual who is a member of the uniformed services (as defined section 101(a)(5) of title 10, United States Code). For purposes of this section, an employer may rely on an employee’s certification that such employee’s spouse is a member of the uniformed services if such certification provides the name, rank, and service branch of such spouse. (2) Exclusion of highly compensated employees With respect to any employer, the term military spouse shall not include any individual if such individual is a highly compensated employee of such employer (within the meaning of section 414(q)). (e) Eligible defined contribution plan For purposes of this section, the term eligible defined contribution plan means, with respect to any eligible small employer, any defined contribution plan (as defined in section 414(i)) of such employer if, under the terms of such plan— (1) military spouses employed by such employer are eligible to participate in such plan not later than the date which is 2 months after the date on which such individual begins employment with such employer, and (2) military spouses who are eligible to participate in such plan— (A) are immediately eligible to receive an amount of employer contributions under such plan which is not less the amount of such contributions that a similarly situated participant who is not a military spouse would be eligible to receive under such plan after 2 years of service, and (B) immediately have a nonforfeitable right to the employee’s accrued benefit derived from employer contributions under such plan. (f) Aggregation rule All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one employer for purposes of this section. . (b) Credit allowed as part of general business credit Section 38(b) is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) in the case of an eligible small employer (as defined in section 45U(c)), the military spouse retirement plan eligibility credit determined under section 45U(a). . (c) Specified credit for purposes of certified professional employer organizations Section 3511(d)(2) is amended by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively, and by inserting after subparagraph (E) the following new subparagraph: (F) section 45U (military spouse retirement plan eligibility credit), . (d) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: Sec. 45U. Military spouse retirement plan eligibility credit for small employers. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 302. Distributions to firefighters (a) In general Subparagraph (A) of section 72(t)(10) is amended by striking 414(d)) and inserting 414(d)) or a distribution from a plan described in clause (iii), (iv), or (vi) of section 402(c)(8)(B) to an employee who provides firefighting services . (b) Conforming amendment The heading of paragraph (10) of section 72(t) is amended by striking in governmental plans and inserting and private sector firefighters . (c) Effective date The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. 303. Exclusion of certain disability-related first responder retirement payments (a) In general Part III of subchapter B of chapter 1 is amended by inserting after section 139B the following new section: 139C. Certain disability-related first responder retirement payments (a) In general In the case of an individual who receives qualified first responder retirement payments for any taxable year, gross income shall not include so much of such payments as do not exceed the annualized excludable disability amount with respect to such individual. (b) Qualified first responder retirement payments For purposes of this section, the term qualified first responder retirement payments means, with respect to any taxable year, any pension or annuity which but for this section would be includible in gross income for such taxable year and which is received— (1) from a plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B), and (2) in connection with such individual’s qualified first responder service. (c) Annualized excludable disability amount For purposes of this section— (1) In general The term annualized excludable disability amount means, with respect to any individual, the service-connected excludable disability amounts which are properly attributable to the 12-month period immediately preceding the date on which such individual attains retirement age. (2) Service-connected excludable disability amount The term service-connected excludable disability amount means periodic payments received by an individual which— (A) are not includible in such individual’s gross income under section 104(a)(1), (B) are received in connection with such individual’s qualified first responder service, and (C) terminate when such individual attains retirement age. (3) Special rule for partial-year payments In the case of an individual who only receives service-connected excludable disability amounts properly attributable to a portion of the 12-month period described in paragraph (1), such paragraph shall be applied by multiplying such amounts by the ratio of 365 to the number of days in such period to which such amounts were properly attributable. (d) Qualified first responder service For purposes of this section, the term qualified first responder service means service as a law enforcement officer, firefighter, paramedic, or emergency medical technician. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 is amended by inserting after the item relating to section 139B the following new item: Sec. 139C. Certain disability-related first responder retirement payments. . (c) Effective date The amendments made by this section shall apply to amounts received with respect to taxable years beginning after the date of the enactment of this Act. 304. Repeal of direct payment requirement on exclusion from gross income of distributions from governmental plans for health and long-term care insurance (a) In general Section 402(l)(5)(A) is amended to read as follows: (A) Direct payment to insurer permitted (i) In general Paragraph (1) shall apply to a distribution without regard to whether payment of the premiums is made directly to the provider of the accident or health plan or qualified long-term care insurance contract by deduction from a distribution from the eligible retirement plan, or is made to the employee. (ii) Reporting In the case of a payment made to the employee as described in clause (i), the employee shall include with the return of tax for the taxable year in which the distribution is made an attestation that the distribution does not exceed the amount paid by the employee for qualified health insurance premiums for such taxable year. . (b) Effective date The amendment made by this section shall apply to distributions made after the date of the enactment of this Act. 305. Modification of eligible age for exemption from early withdrawal penalty (a) In general Subparagraph (A) of section 72(t)(10), as amended by this Act, is further amended by striking age 50 and inserting age 50 or 25 years of service under the plan, whichever is earlier . (b) Effective date The amendment made by this section shall apply to distributions made after the date of the enactment of this Act. 306. Exemption from early withdrawal penalty for certain State and local government corrections employees (a) In general Clause (i) of section 72(t)(10)(B) is amended by striking or emergency medical services and inserting emergency medical services, or services as a corrections officer or as a forensic security employee providing for the care, custody, and control of forensic patients . (b) Effective date The amendment made by this section shall apply to distributions made after the date of the enactment of this Act. IV Nonprofits and educators 401. Enhancement of 403 (b) plans (a) Permitted investments Subparagraph (A) of section 403(b)(7) is amended by striking if the amounts are to be invested in regulated investment company stock to be held in that custodial account and inserting if the amounts are to be held in that custodial account and are invested in regulated investment company stock or a group trust intended to satisfy the requirements of Internal Revenue Service Revenue Ruling 81–100 (or any successor guidance) . (b) Conforming amendment The heading of paragraph (7) of section 403(b) is amended by striking for regulated investment company stock . (c) Effective date The amendments made by this section shall apply to amounts invested after the date of the enactment of this Act. 402. Hardship withdrawal rules for 403 (b) plans (a) In general Section 403(b) is amended by adding at the end the following new paragraph: (15) Special rules relating to hardship withdrawals For purposes of paragraphs (7) and (11)— (A) Amounts which may be withdrawn The following amounts may be distributed upon hardship of the employee: (i) Contributions made pursuant to a salary reduction agreement (within the meaning of section 3121(a)(5)(D)). (ii) Qualified nonelective contributions (as defined in section 401(m)(4)(C)). (iii) Qualified matching contributions described in section 401(k)(3)(D)(ii)(I). (iv) Earnings on any contributions described in clause (i), (ii), or (iii). (B) No requirement to take available loan A distribution shall not be treated as failing to be made upon the hardship of an employee solely because the employee does not take any available loan under the plan. . (b) Conforming amendments (1) Section 403(b)(7)(A)(i)(V) is amended by striking in the case of contributions made pursuant to a salary reduction agreement (within the meaning of section 3121(a)(5)(D)) and inserting subject to the provisions of paragraph (15) . (2) Paragraph (11) of section 403(b), as amended by this Act, is further amended— (A) by striking in in subparagraph (B) and inserting subject to the provisions of paragraph (15), in ; and (B) by striking the last sentence. (c) Effective date The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. 403. Multiple employer 403 (b) plans (a) In general Section 403(b), as amended by this Act, is further amended by adding at the end the following new paragraph: (16) Multiple employer plans (A) In general Except in the case of a church plan, this subsection shall not be treated as failing to apply to an annuity contract solely by reason of such contract being purchased under a plan maintained by more than 1 employer. (B) Treatment of employers failing to meet requirements of plan (i) In general In the case of a plan maintained by more than 1 employer, this subsection shall not be treated as failing to apply to an annuity contract held under such plan merely because of one or more employers failing to meet the requirements of this subsection if such plan satisfies rules similar to the rules of section 413(e)(2) with respect to any such employer failure. (ii) Additional requirements in case of non-governmental plans A plan shall not be treated as meeting the requirements of this subparagraph unless the plan satisfies rules similar to the rules of subparagraph (A) or (B) of section 413(e)(1), except in the case of a multiple employer plan maintained solely by any of the following: A State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing. . (b) Annual registration for 403 (b) multiple employer plan Section 6057 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: (g) 403 (b) multiple employer plans treated as one plan In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (16) thereof, such plan shall be treated as a single plan for purposes of this section. . (c) Annual information returns for 403 (b) multiple employer plan Section 6058 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: (f) 403 (b) multiple employer plans treated as one plan In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (16) thereof, such plan shall be treated as a single plan for purposes of this section. . (d) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations as may be necessary to clarify, in the case of plans to which section 403(b)(16) of the Internal Revenue Code of 1986 applies, the treatment of an employer departing such plan in connection with such employer’s failure to meet multiple employer plan requirements. (e) Modification of model plan language. etc (1) Plan notifications The Secretary of the Treasury (or the Secretary’s delegate) shall modify the model plan language published under section 413(e)(5) of the Internal Revenue Code of 1986 to include language which notifies participating employers described in section 501(c)(3), and which are exempt from tax under section 501(a), that the plan is subject to the Employee Retirement Income Security Act of 1974 and that such employer is a plan sponsor with respect to its employees participating in the multiple employer plan and, as such, has certain fiduciary duties with respect to the plan and to its employees. (2) Model plans for multiple employer 403 (b) non-governmental plans For plans to which section 403(b)(16)(A) of the Internal Revenue Code of 1986 applies (other than a plan maintained for its employees by a State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing) the Secretary of the Treasury (or the Secretary’s delegate) shall publish model plan language similar to model plan language published under section 413(e)(5) of such Code. (3) Educational outreach to employers exempt from tax The Secretary of the Treasury (or the Secretary’s delegate) shall provide education and outreach to increase awareness to employers described in section 501(c)(3), and which are exempt from tax under section 501(a), that multiple employer plans are subject to the Employee Retirement Income Security Act of 1974 and that such employer is a plan sponsor with respect to its employees participating in the multiple employer plan and, as such, has certain fiduciary duties with respect to the plan and to its employees. (f) No inference with respect to church plans Regarding any application of section 403(b) of the Internal Revenue Code of 1986 to an annuity contract purchased under a church plan (as defined in section 414(e) of such Code) maintained by more than 1 employer, or to any application of rules similar to section 413(e) of such Code to such a plan, no inference shall be made from section 403(b)(16)(A) of such Code (as added by this Act) not applying to such plans. (g) Effective date (1) In general The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. (2) Rule of construction Nothing in the amendments made by subsection (a) shall be construed as limiting the authority of the Secretary of the Treasury or the Secretary’s delegate (determined without regard to such amendment) to provide for the proper treatment of a failure to meet any requirement applicable under the Internal Revenue Code of 1986 with respect to one employer (and its employees) in the case of a plan to which section 403(b)(16) of such Code applies. V Disaster relief 501. Special rules for use of retirement funds in connection with qualified federally declared disasters (a) Tax-Favored withdrawals from retirement plans (1) In general Paragraph (2) of section 72(t), as amended by this Act, is further amended by adding at the end the following new subparagraph: (M) Distributions from retirement plans in connection with federally declared disasters Any qualified disaster recovery distribution. . (2) Qualified disaster recovery distribution Section 72(t) is amended by adding at the end the following new paragraph: (11) Qualified disaster recovery distribution For purposes of paragraph (2)(M)— (A) In general Except as provided in subparagraph (B), the term qualified disaster recovery distribution means any distribution made— (i) on or after the first day of the incident period of a qualified disaster and before the date that is 180 days after the applicable date with respect to such disaster, and (ii) to an individual whose principal place of abode at any time during the incident period of such qualified disaster is located in the qualified disaster area with respect to such qualified disaster and who has sustained an economic loss by reason of such qualified disaster. (B) Aggregate dollar limitation (i) In general For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified disaster recovery distributions with respect to any qualified disaster in all taxable years shall not exceed $22,000. (ii) Treatment of plan distributions If a distribution to an individual would (without regard to clause (i)) be a qualified disaster recovery distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a qualified disaster recovery distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $22,000 with respect to the same qualified disaster. (iii) Controlled group For purposes of clause (ii), the term controlled group means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414. (C) Amount distributed may be repaid (i) In general Any individual who receives a qualified disaster recovery distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. (ii) Treatment of repayments of distributions from eligible retirement plans other than IRAs For purposes of this title, if a contribution is made pursuant to clause (i) with respect to a qualified disaster recovery distribution from a plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified disaster recovery distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (iii) Treatment of repayments for distributions from IRAs For purposes of this title, if a contribution is made pursuant to clause (i) with respect to a qualified disaster recovery distribution from an individual retirement plan, then, to the extent of the amount of the contribution, the qualified disaster recovery distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (D) Income inclusion spread over 3-year period (i) In general In the case of any qualified disaster recovery distribution, unless the taxpayer elects not to have this subparagraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable year period beginning with such taxable year. (ii) Special rule For purposes of clause (i), rules similar to the rules of subparagraph (E) of section 408A(d)(3) shall apply. (E) Qualified disaster For purposes of this paragraph and paragraph (8), the term qualified disaster means any disaster with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act after December 27, 2020. (F) Other definitions For purposes of this paragraph and paragraph (8)— (i) Qualified disaster area (I) In general The term qualified disaster area means, with respect to any qualified disaster, the area with respect to which the major disaster was declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (II) Exceptions Such term shall not include any area which is a qualified disaster area solely by reason of section 301 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. (ii) Incident period The term incident period means, with respect to any qualified disaster, the period specified by the Federal Emergency Management Agency as the period during which such disaster occurred. (iii) Applicable date The term applicable date means the latest of— (I) the date of the enactment of this paragraph, (II) the first day of the incident period with respect to the qualified disaster, or (III) the date of the disaster declaration with respect to the qualified disaster. (iv) Eligible retirement plan The term eligible retirement plan shall have the meaning given such term by section 402(c)(8)(B). (G) Special rules (i) Exemption of distributions from trustee to trustee transfer and withholding rules For purposes of sections 401(a)(31), 402(f), and 3405, qualified disaster recovery distributions shall not be treated as eligible rollover distributions. (ii) Qualified disaster recovery distributions treated as meeting plan distribution requirements For purposes of this title— (I) a qualified disaster recovery distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A), and (II) in the case of a money purchase pension plan, a qualified disaster recovery distribution which is an in-service withdrawal shall be treated as meeting the requirements of section 401(a) applicable to distributions. . (3) Effective date The amendments made by this subsection shall apply to distributions with respect to disasters the incident period (as defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code of 1986, as added by this subsection) for which begins on or after the date which is 30 days after the date of the enactment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. (b) Recontributions of withdrawals for home purchases (1) Individual retirement plans Paragraph (8) of section 72(t) is amended by adding at the end the following new subparagraph: (F) Recontributions (i) General rule (I) In general Any individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be. (II) Treatment of repayments Rules similar to the rules of clauses (ii) and (iii) of paragraph (11)(C) shall apply for purposes of this subsection. (ii) Qualified distribution For purposes of this subparagraph, the term qualified distribution means any distribution— (I) which is a qualified first-time homebuyer distribution, (II) which was to be used to purchase or construct a principal residence in a qualified disaster area, but which was not so used on account of the qualified disaster with respect to such area, and (III) which was received during the period beginning on the date which is 180 days before the first day of the incident period of such qualified disaster and ending on the date which is 30 days after the last day of such incident period. (iii) Applicable period For purposes of this subparagraph, the term applicable period means, in the case of a principal residence in a qualified disaster area with respect to any qualified disaster, the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the applicable date with respect to such disaster. . (2) Qualified plans Subsection (c) of section 402, as amended by this Act, is further amended by adding at the end the following new paragraph: (13) Recontributions of withdrawals for home purchases (A) General rule (i) In general Any individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in paragraph (8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under subsection (c) or section 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be. (ii) Treatment of repayments Rules similar to the rules of clauses (ii) and (iii) of section 72(t)(11)(C) shall apply for purposes of this subsection. (B) Qualified distribution For purposes of this paragraph, the term qualified distribution means any distribution— (i) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(i)(V), or 403(b)(11)(B), (ii) which was to be used to purchase or construct a principal residence in a qualified disaster area, but which was not so used on account of the qualified disaster with respect to such area, and (iii) which was received during the period beginning on the date which is 180 days before the first day of the incident period of such qualified disaster and ending on the date which is 30 days after the last day of such incident period. (C) Definitions For purposes of this paragraph— (i) the terms qualified disaster , qualified disaster area , and incident period have the meaning given such terms under section 72(t)(11), and (ii) the term applicable period has the meaning given such term under section 72(t)(8)(F). . (3) Effective date The amendments made by this subsection shall apply to recontributions of withdrawals for home purchases with respect to disasters the incident period (as defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code of 1986, as added by this subsection) for which begins on or after the date which is 30 days after the date of the enactment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. (c) Loans from qualified plans (1) In general Subsection (p) of section 72 is amended by adding at the end the following new paragraph: (6) Increase in limit on loans not treated as distributions (A) In general In the case of any loan from a qualified employer plan to a qualified individual made during the applicable period— (i) clause (i) of paragraph (2)(A) shall be applied by substituting $100,000 for $50,000 , and (ii) clause (ii) of such paragraph shall be applied by substituting the present value of the nonforfeitable accrued benefit of the employee under the plan for one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan . (B) Delay of repayment In the case of a qualified individual with respect to any qualified disaster with an outstanding loan from a qualified employer plan on or after the applicable date with respect to the qualified disaster— (i) if the due date pursuant to subparagraph (B) or (C) of paragraph (2) for any repayment with respect to such loan occurs during the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the last day of such incident period, such due date may be delayed for 1 year, (ii) any subsequent repayments with respect to any such loan may be appropriately adjusted to reflect the delay in the due date under clause (i) and any interest accruing during such delay, and (iii) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of paragraph (2), the period described in clause (i) may be disregarded. (C) Definitions For purposes of this paragraph— (i) Qualified individual The term qualified individual means any individual— (I) whose principal place of abode at any time during the incident period of any qualified disaster is located in the qualified disaster area with respect to such qualified disaster, and (II) who has sustained an economic loss by reason of such qualified disaster. (ii) Applicable period The applicable period with respect to any disaster is the period— (I) beginning on the applicable date with respect to such disaster, and (II) ending on the date that is 180 days after such applicable date. (iii) Other terms For purposes of this paragraph— (I) the terms applicable date , qualified disaster , qualified disaster area , and incident period have the meaning given such terms under subsection (t)(11), and (II) the term applicable period has the meaning given such term under subsection (t)(8). . (2) Effective date The amendment made by paragraph (1) shall apply to plan loans made with respect to disasters the incident period (as defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code of 1986, as added by this subsection) for which begins on or after the date which is 30 days after the date of the enactment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. (d) GAO Report The Comptroller General of the United States shall submit a report to the Committees on Finance and Health, Education, Labor and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives on taxpayer utilization of the retirement disaster relief permitted by the amendments made by this section and or permitted by prior legislation, including a comparison of utilization by higher and lower income taxpayers and whether the $22,000 threshold on distributions provides adequate relief for taxpayers who suffer from a disaster. VI Employer plans 601. Credit for employers with respect to modified safe harbor requirements (a) In general Subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is further amended by adding at the end the following new section: 45V. Credit for small employers with respect to modified safe harbor requirements for automatic contribution arrangements (a) General rule For purposes of section 38, in the case of a small employer, the safe harbor adoption credit determined under this section for any taxable year is the amount equal to the total of the employer’s matching contributions under section 401(k)(16)(D) during the taxable year on behalf of employees who are not highly compensated employees. (b) Limitations (1) Limitation with respect to compensation The credit determined under subsection (a) with respect to contributions made on behalf of any employee shall not exceed 2 percent of the compensation of such employee for the taxable year. (2) Limitation with respect to years of participation A credit shall be determined under subsection (a) with respect to contributions made on behalf of any employee only during the first 5 years such employee participates in the secure deferral arrangement. (c) Definitions (1) In general Any term used in this section which is also used in section 401(k)(16) shall have the same meaning as when used in such section. (2) Small employer The term small employer means an eligible employer (as defined in section 408(p)(2)(C)(i)). (d) Special rules (1) Aggregation rules For purposes of this section, 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 and all plans of the employer shall be treated as 1 eligible plan. (2) Denial of double benefit No deduction shall be allowable under this title for any contribution with respect to which a credit is allowed under this section. (3) Election not to claim credit This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. . (b) Credit to be part of general business credit Subsection (b) of section 38, as amended by this Act, is further amended by striking plus at the end of paragraph (33), by striking the period at the end of paragraph (34) and inserting , plus , and by adding at the end the following new paragraph: (35) the safe harbor adoption credit determined under section 45V. . (c) Treatment of credit for certified professional employer organizations Paragraph (2) of section 3511(d), as amended by this Act, is further amended— (1) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and (J), respectively, and (2) by inserting after subparagraph (F) the following new subparagraph: (G) section 45V (safe harbor adoption credit), . (d) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is further amended by inserting after the item relating to section 45U the following new item: Sec. 45V. Credit for small employers with respect to modified safe harbor requirements for automatic contribution arrangements. . (e) Effective date The amendments made by this section shall apply to taxable years which include any portion of a plan year beginning after December 31, 2023. 602. Application of top heavy rules to defined contribution plans covering excludable employees (a) In general Paragraph (2) of section 416(c) is amended by adding at the end the following new subparagraph: (C) Application to employees not meeting age and service requirements Any employees not meeting the age or service requirements of section 410(a)(1) (without regard to subparagraph (B) thereof) may be excluded from consideration in determining whether any plan of the employer meets the requirements of subparagraphs (A) and (B). . (b) Effective date The amendment made by subsection (a) shall apply to plan years beginning after the date of the enactment of this Act. 603. Increase in credit limitation for small employer pension plan startup costs of certain employers (a) In general Subsection (a) of section 45E is amended by inserting before the period at the end the following: (75 percent of such costs in the case of an eligible employer, as determined by substituting 25 for 100 in section 408(p)(2)(C)(i)) . (b) Treatment of credit for certified professional employer organizations Paragraph (2) of section 3511(d), as amended by this Act, is further amended— (1) by redesignating subparagraphs (E), (F), (G), (H), (I), and (J) as subparagraphs (F), (G), (H), (I), (J), and (K), respectively, and (2) by inserting after subparagraph (D) the following new subparagraph: (E) section 45E (small employer pension plan startup cost credit), . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 604. Expansion of Employee Plans Compliance Resolution System (a) In general Except as otherwise provided in guidance prescribed by the Secretary of the Treasury or the Secretary's delegate (referred to in this section as the Secretary ), any eligible inadvertent failure to comply with the rules applicable under section 401(a), 403(a), 403(b), 408(p), or 408(k) of the Internal Revenue Code of 1986 may be self-corrected under the Employee Plans Compliance Resolution System (as described in Revenue Procedure 2021–30 or any successor guidance, and hereafter referred to in this section as the EPCRS ), except to the extent that such failure was identified by the Secretary prior to any actions which demonstrate a commitment to implement a self-correction. Revenue Procedure 2021–30 is deemed amended as of the date of the enactment of this Act to provide that, except as otherwise provided under such Code or other guidance prescribed by the Secretary, the correction period under section 9.02 of such Revenue Procedure (or any successor guidance) for an eligible inadvertent failure is indefinite and has no last day, other than with respect to failures identified by the Secretary prior to any self-correction as described in the preceding sentence. (b) Loan errors In the case of an eligible inadvertent failure relating to a loan from a plan to a participant, such failure may be self-corrected under subsection (a) according to the rules of section 6.07 of Revenue Procedure 2021–30 (or any successor guidance), including the provisions related to whether a deemed distribution must be reported on Form 1099–R. (c) EPCRS for IRAs The Secretary shall expand the EPCRS to allow custodians of individual retirement plans (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) to address eligible inadvertent failures with respect to individual retirement plans (as so defined), including— (1) waivers of the excise tax which would otherwise apply under section 4974 of the Internal Revenue Code of 1986; and (2) rules permitting a nonspouse beneficiary to return distributions to an inherited individual retirement plan described in section 408(d)(3)(C) of the Internal Revenue Code of 1986 in a case where, due to an inadvertent error by a service provider, the beneficiary had reason to believe that the distribution could be rolled over without inclusion in income of any part of the distributed amount. (d) Correction methods for eligible inadvertent failures The Secretary shall issue guidance on correction methods that are required to be used to correct eligible inadvertent failures, including general principles of correction if a specific correction method is not specified by the Secretary. (e) Eligible inadvertent failure For purposes of this section— (1) In general Except as provided in paragraph (2), the term eligible inadvertent failure means a failure that occurs despite the existence of practices and procedures which— (A) satisfy the standards set forth in section 4.04 of Revenue Procedure 2021–30 (or any successor guidance), or (B) satisfy similar standards in the case of an individual retirement plan. (2) Exception The term eligible inadvertent failure shall not include any failure which is egregious, relates to the diversion or misuse of plan assets, or is directly or indirectly related to an abusive tax avoidance transaction. (f) Deadline Any guidance, or revision to any such guidance, required by this section shall be promulgated not later than the date which is 2 years after the date of the enactment of this Act. 605. Application of credit for small employer pension plan startup costs to employers which join an existing plan (a) In general Section 45E(d)(3)(A) is amended by striking effective and inserting effective with respect to the eligible employer . (b) Effective date The amendment made by this section shall apply to eligible employer plans which become effective with respect to the eligible employer after the date of the enactment of this Act. 606. Safe harbor for corrections of employee elective deferral failures The Secretary of the Treasury shall modify Appendix A.05(8) of Revenue Procedure 2021-30 (the Employee Plans Compliance Resolution System, or EPCRS) not later than December 31, 2023— (1) to provide that the special safe harbor correction method provided in Appendix A.05(8) for failures related to automatic contribution features in a section 401(k) plan or a section 403(b) plan is not limited to failures that begin on or before December 31, 2023, and (2) to clarify that EPCRS correction methods for failures related to automatic contribution features that require notices to a participant can be satisfied without regard to whether the participant remains employed at the time corrections are made. 607. Reform of family attribution rule (a) In general Section 414 is amended— (1) in subsection (b)— (A) by striking For purposes of and inserting the following: (1) In general For purposes of , and (B) by adding at the end the following new paragraphs: (2) Special rules for applying family attribution For purposes of applying the attribution rules under section 1563 with respect to paragraph (1), the following rules apply: (A) Community property laws shall be disregarded for purposes of determining ownership. (B) Except as provided by the Secretary, stock of an individual not attributed under section 1563(e)(5) to such individual’s spouse shall not be attributed to such spouse by reason of the combined application of paragraphs (1) and (6)(A) of section 1563(e). (C) Except as provided by the Secretary, in the case of stock in different corporations that is attributed to a child under section 1563(e)(6)(A) from each parent, and is not attributed to such parents as spouses under section 1563(e)(5), such attribution to the child shall not by itself result in such corporations being members of the same controlled group. (3) Plan shall not fail to be treated as satisfying this section If application of paragraph (2) causes 2 or more entities to be a controlled group or to no longer be in a controlled group, such change shall be treated as a transaction to which section 410(b)(6)(C) applies. , and (2) in subsection (m)(6)(B)— (A) by striking Ownership.— In determining and inserting the following: Ownership.— (i) In general In determining , (B) by adding at the end the following new clauses: (ii) Special rules for applying family attribution For purposes of applying the attribution rules under section 318 with respect to clause (i), the following rules apply: (I) Community property laws shall be disregarded for purposes of determining ownership. (II) Except as provided by the Secretary, stock of an individual not attributed under section 318(a)(1)(A)(i) to such individual’s spouse shall not be attributed by reason of the combined application of paragraphs (1)(A)(ii) and (4) of section 318(a) to such spouse from a child who has not attained the age of 21 years. (III) Except as provided by the Secretary, in the case of stock in different organizations which is attributed under section 318(a)(1)(A)(ii) from each parent to a child who has not attained the age of 21 years, and is not attributed to such parents as spouses under section 318(a)(1)(A)(i), such attribution to the child shall not by itself result in such organizations being members of the same affiliated service group. (iii) Plan shall not fail to be treated as satisfying this section If the application of clause (ii) causes two or more entities to be an affiliated service group, or to no longer be in an affiliated service group, such change shall be treated as a transaction to which section 410(b)(6)(C) applies. , and (C) by striking apply in clause (i), as so added, and inserting apply, except that community property laws shall be disregarded for purposes of determining ownership . (b) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2023. 608. Contribution limit for simple IRAs (a) In general Subparagraph (E) of section 408(p)(2) is amended— (1) by striking amount is and all that follows in clause (i) and inserting “dollar amount is— (I) $16,500 in the case of an eligible employer described in clause (iii) which had not more than 25 employees who received at least $5,000 of compensation from the employer for the preceding year, (II) $16,500 in the case of an eligible employer described in clause (iii) which is not described in subclause (I) and which elects, at such time and in such manner as prescribed by the Secretary, the application of this subclause for the year, and (III) $10,000 in any other case. , (2) by striking adjustment .—In the case of in clause (ii) and inserting “ adjustment .— (I) Certain large employers In the case of , (3) by striking clause (i) in clause (ii) and inserting clause (i)(III) , and (4) by adding at the end of clause (ii) the following new subclause: (II) Other employers In the case of a year beginning after December 31, 2024, the Secretary shall adjust annually the $16,500 amount in subclauses (I) and (II) of clause (i) in the manner provided under subclause (I) of this clause, except that the base period taken into account shall be the calendar quarter beginning July 1, 2023. . (b) Catch-up contributions Paragraph (2) of section 414(v) is amended— (1) in subparagraph (B)— (A) by striking the applicable in clause (ii) and inserting except as provided in clause (iii), the applicable ; and (B) by adding at the end the following new clause: (iii) In the case of an applicable employer plan— (I) which is maintained by an eligible employer described in section 408(p)(2)(E)(i)(I), or (II) to which an election under section 408(p)(2)(E)(i)(II) applies for the year (including a plan described in section 401(k)(11) which is maintained by an eligible employer described in section 408(p)(2)(E)(i)(II) and to which such election applies by reason of subparagraphs (B)(i)(I) and (E) of section 401(k)(11)), the applicable dollar amount is $4,750. , and (2) in subparagraph (C), as amended by this Act, by striking and the $2,500 amount in subparagraph (B)(ii) and inserting , the $2,500 amount in subparagraph (B)(ii), and the $4,750 amount in subparagraph (B)(iii) . (c) Employer match Clause (ii) of section 408(p)(2)(C) is amended— (1) by striking The term in subclause (I) and inserting Except as provided in subclause (IV), the term , (2) by adding at the end the following new subclause: (IV) Special rule for electing larger employers In the case of an employer which had more than 25 employees who received at least $5,000 of compensation from the employer for the preceding year, and which makes the election under subparagraph (E)(i)(II) for any year, subclause (I) shall be applied for such year by substituting 4 percent for 3 percent . , and (3) by striking 3 percent each place it appears in subclauses (II) and (III) and inserting the applicable percentage . (d) Increase in nonelective employer contribution for electing larger employers Subparagraph (B) of section 408(p)(2) is amended by adding at the end the following new clause: (iii) Special rule for electing larger employers In the case of an employer which had more than 25 employees who received at least $5,000 of compensation from the employer for the preceding year, and which makes the election under subparagraph (E)(i)(II) for any year, clause (i) shall be applied for such year by substituting 3 percent for 2 percent . . (e) Transition rule Paragraph (2) of section 408(p), as amended by this Act, is further amended by adding at the end the following new subparagraph: (H) 2-year grace period An eligible employer which had not more than 25 employees who received at least $5,000 of compensation from the employer for 1 or more years, and which has more than 25 such employees for any subsequent year, shall be treated for purposes of subparagraph (E)(i) as having 25 such employees for the 2 years following the last year the employer had not more than 25 such employees, and not as having made the election under subparagraph (E)(i)(II) for such 2 years. Rules similar to the second sentence of subparagraph (C)(i)(II) shall apply for purposes of this subparagraph. . (f) Amendments apply only if employer has not had another plan within 3 years Subparagraph (E) of section 408(p)(2), as amended by subsection (a), is further amended by adding at the end the following new clause: (iii) Employer has not had another plan within 3 years An eligible employer is described in this clause only if, during the 3-taxable-year period immediately preceding the 1st year the employer maintains the qualified salary reduction arrangement under this paragraph, neither the employer nor any member of any controlled group including the employer (or any predecessor of either) established or maintained any plan described in clause (i), (ii), or (iv) of section 219(g)(5)(A) with respect to which contributions were made, or benefits were accrued, for substantially the same employees as are eligible to participate in such qualified salary reduction arrangement. . (g) Conforming amendments relating to simple 401(k) s (1) Subclause (I) of section 401(k)(11)(B)(i) is amended by inserting (after the application of any election under section 408(p)(2)(E)(i)(II)) before the comma. (2) Paragraph (11) of section 401(k) is amended by adding at the end the following new subparagraph: (E) Employers electing increased contributions In the case of an employer which applies an election under section 408(p)(2)(E)(i)(II) for purposes of the contribution requirements of this paragraph under subparagraph (B)(i)(I), rules similar to the rules of subparagraphs (B)(iii), (C)(ii)(IV), and (G) of section 408(p)(2) shall apply for purposes of subparagraphs (B)(i)(II) and (B)(ii) of this paragraph. . (h) Plan forms to be shared with Secretary (1) In general Subsection (p) of section 408 is amended by adding at the end the following new paragraph: (11) Plan arrangement to be shared with Secretary The trustee or issuer (in the case of an individual retirement annuity) of a simple retirement account shall provide to the Secretary, at the time the qualified salary reduction arrangement is established (or not later than December 31, 2024, in the case of arrangements in effect on the date of the enactment of this paragraph), a copy of the written arrangement described in paragraph (2)(A). . (2) Simple 401(k)s Paragraph (11) of section 401(k), as amended by this section, is further amended by adding at the end the following new subparagraph: (F) Plan arrangement to be shared with Secretary The plan administrator of a cash and deferred arrangement under this paragraph shall provide to the Secretary, at the time the arrangement is established (or not later than December 31, 2024, in the case of arrangements in effect on the date of the enactment of this paragraph), a written copy of the arrangement. . (i) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. (j) Reports by Secretary (1) In general The Secretary of the Treasury shall, not later than December 31, 2024, and annually thereafter, report to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives on the data described in paragraph (2), together with any recommendations the Secretary deems appropriate. (2) Data described For purposes of the report required under paragraph (1), the Secretary of the Treasury shall collect data and information on— (A) the number of plans described in section 408(p) or 401(k)(11) of the Internal Revenue Code of 1986 that are maintained or established during a year; (B) the number of participants eligible to participate in such plans for such year; (C) median contribution amounts for the participants described in subparagraph (B); (D) the types of investments that are most common under such plans; and (E) the fee levels charged in connection with the maintenance of accounts under such plans. Such data and information shall be collected separately for each type of plan. For purposes of collecting such data, the Secretary of the Treasury may use such data as is otherwise available to the Secretary for publication and may use such approaches as are appropriate under the circumstances, including the use of voluntary surveys and collaboration on studies. 609. Employers allowed to replace simple retirement accounts with safe harbor 401 (k) plans during a year (a) In general Section 408(p), as amended by this Act, is further amended by adding at the end the following new paragraph: (12) Replacement of simple retirement accounts with safe harbor plans during plan year (A) In general Subject to the requirements of this paragraph, an employer may elect (in such form and manner as the Secretary may prescribe) at any time during a year to terminate the qualified salary reduction arrangement under paragraph (2), but only if the employer establishes and maintains (as of the day after the termination date) a safe harbor plan to replace the terminated arrangement. (B) Combined limits on contributions The terminated arrangement and safe harbor plan shall both be treated as violating the requirements of paragraph (2)(A)(ii) or section 401(a)(30) (whichever is applicable) if the aggregate elective contributions of the employee under the terminated arrangement during its last plan year and under the safe harbor plan during its transition year exceed the sum of— (i) the applicable dollar amount for such arrangement (determined on a full-year basis) under this subsection (after the application of section 414(v)) with respect to the employee for such last plan year multiplied by a fraction equal to the number of days in such plan year divided by 365, and (ii) the applicable dollar amount (as so determined) under section 402(g)(1) for such safe harbor plan on such elective contributions during the transition year multiplied by a fraction equal to the number of days in such transition year divided by 365. (C) Transition year For purposes of this paragraph, the transition year is the period beginning after the termination date and ending on the last day of the calendar year during which the termination occurs. (D) Safe harbor plan For purposes of this paragraph, the term safe harbor plan means a qualified cash or deferred arrangement which meets the requirements of paragraph (11), (12), (13), or (16) of section 401(k). . (b) Waiver of 2-Year withdrawal limitation in case of plans converting to 401(k) or 403(b) (1) In general Paragraph (6) of section 72(t) is amended— (A) by striking accounts .—In the case of and inserting “ accounts .— (A) In general In the case of , and (B) by adding at the end the following new subparagraph: (B) Waiver in case of plan conversion to 401(k) or 403(b) In the case of an employee of an employer which terminates the qualified salary reduction arrangement of the employer under section 408(p) and establishes a qualified cash or deferred arrangement described in section 401(k) or purchases annuity contracts described in section 403(b), subparagraph (A) shall not apply to any amount which is paid in a rollover contribution described in section 408(d)(3) into a qualified trust under section 401(k) (but only if such contribution is subsequently subject to the rules of section 401(k)(2)(B)) or an annuity contract described in section 403(b) (but only if such contribution is subsequently subject to the rules of section 403(b)(11)) for the benefit of the employee. . (2) Conforming amendment Subparagraph (G) of section 408(d)(3) is amended by striking 72(t)(6) and inserting 72(t)(6)(A) . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2023. 610. Starter 401(k) plans for employers with no retirement plan (a) In general Section 401(k), as amended by this Act, is further amended by adding at the end the following new paragraph: (17) Starter 401(k) deferral-only plans for employers with no retirement plan (A) In general A starter 401(k) deferral-only arrangement maintained by an eligible employer shall be treated as meeting the requirements of paragraph (3)(A)(ii). (B) Starter 401(k) deferral-only arrangement For purposes of this paragraph, the term starter 401(k) deferral-only arrangement means any cash or deferred arrangement which meets— (i) the automatic deferral requirements of subparagraph (C), (ii) the contribution limitations of subparagraph (D), and (iii) the requirements of subparagraph (E) of paragraph (13). (C) Automatic deferral (i) In general The requirements of this subparagraph are met if, under the arrangement, each eligible employee is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. (ii) Election out The election treated as having been made under clause (i) shall cease to apply with respect to any employee if such employee makes an affirmative election— (I) to not have such contributions made, or (II) to make elective contributions at a level specified in such affirmative election. (iii) Qualified percentage For purposes of this subparagraph, the term qualified percentage means, with respect to any employee, any percentage determined under the arrangement if such percentage is applied uniformly and is not less than 3 or more than 15 percent. (D) Contribution limitations (i) In general The requirements of this subparagraph are met if, under the arrangement— (I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and (II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. (ii) Cost-of-living adjustment In the case of any calendar year beginning after December 31, 2024, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that 2023 shall be substituted for 2005 . (iii) Catch-up contributions for individuals age 50 or over In the case of an individual who has attained the age of 50 before the close of the taxable year, the limitation under clause (i)(II) shall be increased by the applicable amount determined under section 219(b)(5)(B)(ii) (after the application of section 219(b)(5)(C)(iii)). (E) Eligible employer For purposes of this paragraph— (i) In general The term eligible employer means any employer if the employer does not maintain a qualified plan with respect to which contributions are made, or benefits are accrued, for service in the year for which the determination is being made. If only individuals other than employees described in subparagraph (A) of section 410(b)(3) are eligible to participate in such arrangement, then the preceding sentence shall be applied without regard to any qualified plan in which only employees described in such subparagraph are eligible to participate. (ii) Relief for acquisitions, etc Rules similar to the rules of section 408(p)(10) shall apply for purposes of clause (i). (iii) Qualified plan The term qualified plan means a plan, contract, pension, account, or trust described in subparagraph (A) or (B) of paragraph (5) of section 219(g) (determined without regard to the last sentence of such paragraph (5)). (F) Eligible employee For purposes of this paragraph— (i) In general The term eligible employee means any employee of the employer who meets the minimum age and service conditions described in section 410(a)(1). (ii) Exclusions The employer may elect to exclude from such definition any employee described in paragraph (3) or (4) of section 410(b). . (b) Certain annuity contracts Subsection (b) of section 403, as amended by this Act, is further amended by adding at the end the following new paragraph: (17) Safe harbor deferral-only plans for employers with no retirement plan (A) In general A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). (B) Safe harbor deferral-only plan For purposes of this paragraph, the term safe harbor deferral-only plan means any plan which meets— (i) the automatic deferral requirements of subparagraph (C), (ii) the contribution limitations of subparagraph (D), and (iii) the requirements of subparagraph (E) of section 401(k)(13). (C) Automatic deferral (i) In general The requirements of this subparagraph are met if, under the plan, each eligible employee is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. (ii) Election out The election treated as having been made under clause (i) shall cease to apply with respect to any eligible employee if such eligible employee makes an affirmative election— (I) to not have such contributions made, or (II) to make elective contributions at a level specified in such affirmative election. (iii) Qualified percentage For purposes of this subparagraph, the term qualified percentage means, with respect to any employee, any percentage determined under the plan if such percentage is applied uniformly and is not less than 3 or more than 15 percent. (D) Contribution limitations (i) In general The requirements of this subparagraph are met if, under the plan— (I) the only contributions which may be made are elective contributions of eligible employees, and (II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. (ii) Cost-of-living adjustment In the case of any calendar year beginning after December 31, 2024, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that 2023 shall be substituted for 2005 . (iii) Catch-up contributions for individuals age 50 or over In the case of an individual who has attained the age of 50 before the close of the taxable year, the limitation under clause (i)(II) shall be increased by the applicable amount determined under section 219(b)(5)(B)(ii) (after the application of section 219(b)(5)(C)(iii)). (E) Eligible employer For purposes of this paragraph— (i) In general The term eligible employer means any employer if the employer does not maintain a qualified plan with respect to which contributions are made, or benefits are accrued, for service in the year for which the determination is being made. If only individuals other than employees described in subparagraph (A) of section 410(b)(3) are eligible to participate in such arrangement, then the preceding sentence shall be applied without regard to any qualified plan in which only employees described in such subparagraph are eligible to participate. (ii) Relief for acquisitions, etc Rules similar to the rules of section 408(p)(10) shall apply for purposes of clause (i). (iii) Qualified plan The term qualified plan means a plan, contract, pension, account, or trust described in subparagraph (A) or (B) of paragraph (5) of section 219(g) (determined without regard to the last sentence of such paragraph (5)). (F) Eligible employee For purposes of this paragraph, the term eligible employee means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A). . (c) Starter and safe harbor plans not treated as top-Heavy plans Subparagraph (H) of section 416(g)(4), as amended by this Act, is further amended— (1) by striking arrangements in the heading and inserting arrangements or plans , (2) by striking , and at the end of clause (i) and inserting and matching contributions with respect to which the requirements of paragraph (11), (12), or (13) of section 401(m) are met, or , and (3) by striking clause (ii) and inserting after clause (i) the following new clause: (ii) a starter 401(k) deferral-only arrangement described in section 401(k)(17)(B) or a safe harbor deferral-only plan described in section 403(b)(17). . (d) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2023. 611. Credit for small employers that adapt an automatic portability arrangement (a) In general Subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is further amended by adding at the end the following new section: 45W. Employer automatic portability arrangement credit (a) In general For purposes of section 38, in the case of an eligible employer, the automatic portability arrangement credit determined under this section for the adoption year is an amount equal to $500. (b) Eligible employer For purposes of this section, the term eligible employer has the meaning given the term by section 408(p)(2)(C)(i) (without regard to subclause (II) thereof). (c) Adoption year For purposes of this section— (1) In general The term adoption year means the taxable year during which the eligible employer first adopts an automatic portability arrangement as part of an eligible plan maintained by the employer. (2) Automatic portability arrangement (A) In general The term automatic portability arrangement means an arrangement providing for automatic portability transactions. (B) Automatic portability transaction The term automatic portability transaction means a transaction in which amounts distributed pursuant to section 401(a)(31)(B)(i) from a plan to an individual retirement plan established on behalf of an individual are subsequently transferred to an eligible plan in which such individual is an active participant, after such individual has been given advance notice of the transfer and has not affirmatively opted out of such transfer. (3) Eligible plan The term eligible plan means a qualified employer plan as defined in section 4972(d)(1), other than a defined benefit plan. . (b) Credit to be part of general business credit Subsection (b) of section 38, as amended by this Act, is further amended by striking plus at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting , plus , and by adding at the end the following new paragraph: (36) in the case of an eligible employer (as defined in section 45W(b)), the automatic portability arrangement credit determined under section 45W(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is further amended by adding at the end the following new item: Sec. 45W. Employer automatic portability arrangement credit. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 612. Re-enrollment credit (a) In general Subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is further amended by adding at the end the following new section: 45X. Credit for re-enrollment provisions in plans provided by small employers (a) In general For purposes of section 38, in the case of an eligible employer, the retirement re-enrollment credit determined under this section for any taxable year is an amount equal to— (1) $500 for any taxable year occurring during the credit period, and (2) zero for any other taxable year. (b) Credit period For purposes of subsection (a)— (1) In general The credit period with respect to any eligible employer is the 3-taxable-year period beginning with the first taxable year for which the employer includes a re-enrollment provision in an eligible automatic contribution arrangement (as defined in section 414(w)(3)) in a qualified employer plan (as defined in section 4972(d)) maintained by the employer. (2) Maintenance of arrangement No taxable year with respect to an employer shall be treated as occurring within the credit period unless the provision described in paragraph (1) is included in the plan for such year. (c) Eligible employer For purposes of this section, the term eligible employer has the meaning given such term in section 408(p)(2)(C)(i). (d) Re-Enrollment provision For purposes of this section, the term re-enrollment provision means a provision of an eligible automatic contribution arrangement under which— (1) In general Each employee eligible to participate in the arrangement who is not contributing or is contributing less than the percentage applicable to an eligible employee in the first year of eligibility is treated as being in such first year of eligibility in each applicable year with respect to the employee. (2) Election out The election treated as having been made under paragraph (1) shall cease to apply with respect to any employee if such employee makes an affirmative election— (A) to not have such contributions made, or (B) to make elective contributions at a level specified in such affirmative election. (3) Applicable year every third year (A) In general For purposes of this section, the term applicable year means, with respect to an employee, such employee’s first plan year of eligibility under the arrangement, and all subsequent plan years of eligibility. (B) Exception Following any applicable year of an employee (determined after the application of this subparagraph), the plan may elect to treat the next 1 or 2 plan years as not being applicable years with respect to such employee. . (b) Credit to be part of general business credit Subsection (b) of section 38, as amended by this Act, is further amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) in the case of an eligible employer (as defined in section 45X(c)), the retirement re-enrollment credit determined under section 45X(a). . (c) Treatment of credit for certified professional employer organizations Paragraph (2) of section 3511(d), as amended by this Act, is further amended— (1) by redesignating subparagraphs (H), (I), (J), and (K) as subparagraphs (I), (J), (K), and (L) respectively, and (2) by inserting after subparagraph (G) the following new subparagraph: (H) section 45X (retirement re-enrollment credit), . (d) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is further amended by inserting after the item relating to section 45W the following new item: Sec. 45X. Credit for re-enrollment provisions in plans provided by small employers. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 613. Corrections of mortality tables (a) In general Not later than 18 months after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall amend the regulation relating to Mortality Tables for Determining Present Value Under Defined Benefit Pension Plans (82 Fed. Reg. 46388 (October 5, 2017)). Under such amendment, for valuation dates occurring during or after 2022, such mortality improvement rates shall not assume future mortality improvements at any age which are greater than .78 percent. The Secretary of the Treasury (or delegate) shall by regulation modify the .78 percent figure in the preceding sentence as necessary to reflect material changes in the overall rate of improvement projected by the Social Security Administration. (b) Effective date The amendments required under subsection (a) shall be deemed to have been made as of the date of the enactment of this Act, and as of such date all applicable laws shall be applied in all respects as though the actions which the Secretary of the Treasury (or the Secretary's delegate) is required to take under such subsection had been taken. 614. Enhancing retiree health benefits in pension plans (a) Extension of transfers of excess pension assets to retiree health accounts Paragraph (4) of section 420(b) is amended by striking December 31, 2025 and inserting December 31, 2032 . (b) De minimis transfer rule (1) In general Subsection (e) of section 420 is amended by adding at the end the following new paragraph: (7) Special rule for de minimis transfers (A) In general In the case of a transfer of an amount which is not more than 1.75 percent of the amount determined under paragraph (2)(A) by a plan which meets the requirements of subparagraph (B), paragraph (2)(B) shall be applied by substituting 110 percent for 125 percent . (B) Two-year lookback requirement A plan is described in this subparagraph if, as of any valuation date in each of the 2 plan years immediately preceding the plan year in which the transfer occurs, the amount determined under paragraph (2)(A) exceeded 110 percent of the sum of the funding target and the target normal cost determined under section 430 for each such plan year. . (2) Cost maintenance period Subparagraph (D) of section 420(c)(3) is amended by striking 5 taxable years and inserting 5 taxable years (7 taxable years in the case of a transfer to which subsection (e)(7) applies) . (3) Conforming amendments (A) Excess pension assets Clause (i) of section 420(f)(2)(B) is amended— (i) by striking In general .—In and inserting “ In general .— (I) Determination In , (ii) by striking subsection (e)(2) and inserting subsection (e)(2)(B) , and (iii) by adding at the end the following new subclause: (II) Special rule for collectively bargained transfers In determining excess pension assets for purposes of a collectively bargained transfer, subsection (e)(7) shall not apply. . (B) Minimum cost Subclause (I) of section 420(f)(2)(D)(i) is amended by striking 4th year and inserting 4th year (the 6th year in the case of a transfer to which subsection (e)(7) applies) . (c) Effective date The amendments made by this section shall apply to transfers made after the date of the enactment of this Act. 615. Deferral of tax for certain sales of employer stock to employee stock ownership plan sponsored by S corporation (a) In general Section 1042(c)(1)(A) is amended by striking domestic C corporation and inserting domestic corporation . (b) 10 percent limitation on application of gain on sale of S corporation stock Section 1042 is amended by adding at the end the following new subsection: (h) Application of section to sale of stock in S corporation In the case of the sale of qualified securities of an S corporation, the election under subsection (a) may be made with respect to not more than 10 percent of the amount realized on such sale for purposes of determining the amount of gain not recognized and the extent to which (if at all) the amount realized on such sale exceeds the cost of qualified replacement property. The portion of adjusted basis that is properly allocable to the portion of the amount realized with respect to which the election is made under this subsection shall be taken into account for purposes of the preceding sentence. . (c) Effective date The amendments made by this section shall apply to sales after December 31, 2027. VII Notices 701. Review and report to Congress relating to reporting and disclosure requirements (a) Study As soon as practicable after the date of enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Director of the Pension Benefit Guaranty Corporation shall review the reporting and disclosure requirements as applicable to each such agency head, of— (1) the Employee Retirement Income Security Act of 1974 applicable to pension plans (as defined in section 3(2) of such Act ( 29 U.S.C. 1002(2) ); and (2) the Internal Revenue Code of 1986 applicable to qualified retirement plans (as defined in section 4974(c) of such Code, without regard to paragraphs (4) and (5) of such section). (b) Report (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Director of the Pension Benefit Guaranty Corporation, jointly, and after consultation with a balanced group of participant and employer representatives, shall with respect to plans referenced in subsection (a) report on the effectiveness of the applicable reporting and disclosure requirements and make such recommendations as may be appropriate to the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate to consolidate, simplify, standardize, and improve such requirements so as to simplify reporting for such plans and ensure that plans can furnish and participants and beneficiaries timely receive and better understand the information they need to monitor their plans, plan for retirement, and obtain the benefits they have earned. (2) Analysis of effectiveness To assess the effectiveness of the applicable reporting and disclosure requirements, the report shall include an analysis, based on plan data, of how participants and beneficiaries are providing preferred contact information, the methods by which plan sponsors and plans are furnishing disclosures, and the rate at which participants and beneficiaries (grouped by key demographics) are receiving, accessing, understanding, and retaining disclosures. (3) Collection of information The agencies shall conduct appropriate surveys and data collection to obtain any needed information. 702. Report to Congress on section 402(f) notices Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives on the notices provided by retirement plan administrators to plan participants under section 402(f) of the Internal Revenue Code of 1986. The report shall analyze the effectiveness of such notices and make recommendations, as warranted by the findings, to facilitate better understanding by recipients of different distribution options and corresponding tax consequences, including spousal rights. 703. Eliminating unnecessary plan requirements related to unenrolled participants (a) In general Section 414, as amended by this Act, is further amended by adding at the end the following new subsection: (bb) Eliminating unnecessary plan requirements related to unenrolled participants (1) In general Notwithstanding any other provision of this title, with respect to any defined contribution plan, no disclosure, notice, or other plan document (other than the notices and documents described in subparagraphs (A) and (B)) shall be required to be furnished under this title to any unenrolled participant if the unenrolled participant receives— (A) an annual reminder notice of such participant’s eligibility to participate in such plan and any applicable election deadlines under the plan, and (B) any document requested by such participant which the participant would be entitled to receive notwithstanding this subsection. (2) Unenrolled participant For purposes of this subsection, the term unenrolled participant means an employee who— (A) is eligible to participate in a defined contribution plan, (B) has received— (i) the summary plan description pursuant to section 104(b) of the Employee Retirement Income Security Act of 1974, and (ii) any other notices related to eligibility under the plan which are required to be furnished under this title or the Employee Retirement Income Security Act of 1974 in connection with such participant’s initial eligibility to participate in such plan, (C) is not participating in such plan, (D) does not have an account balance in the plan, and (E) satisfies such other criteria as the Secretary may determine appropriate, as prescribed in guidance issued in consultation with the Secretary of Labor. For purposes of this subsection, any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility. (3) Annual reminder notice For purposes of this subsection, the term annual reminder notice means the notice described in section 111(c) of the Employee Retirement Income Security Act of 1974. . (b) Effective date The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. VIII Technical modifications 801. Repayment of qualified birth or adoption distribution limited to 3 years (a) In general Section 72(t)(2)(H)(v)(I) is amended by striking may make and inserting may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make . (b) Effective date The amendment made by this section shall take effect as if included in the enactment of section 113 of the Setting Every Community Up for Retirement Enhancement Act of 2019. 802. Amendments relating to Setting Every Community Up for Retirement Enhancement Act of 2019 (a) Technical amendments (1) Amendments relating to section 103 Section 401(m)(12) is amended by striking and at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) (as so amended) the following new subparagraph: (B) meets the notice requirements of subsection (k)(13)(E), and . (2) Amendments relating to section 112 (A) Section 401(k)(15)(B)(i)(II), as amended by this Act, is further amended by striking subsection (m)(2) and inserting paragraphs (2), (11), and (12) of subsection (m) . (B) Section 401(k)(15)(B)(iii) is amended by striking under the arrangement and inserting under the plan . (C) Section 401(k)(15)(B)(iv) is amended by striking section 410(a)(1)(A)(ii) and inserting paragraph (2)(D) . (3) Amendment relating to section 116 Section 4973(b) is amended by adding at the end of the flush matter the following: Such term shall not include any designated nondeductible contribution (as defined in subparagraph (C) of section 408(o)(2)) which does not exceed the nondeductible limit under subparagraph (B) thereof by reason of an election under section 408(o)(5). . (b) Clerical amendments (1) Section 72(t)(2)(H)(vi)(IV) is amended by striking 403(b)(7)(A)(ii) and inserting 403(b)(7)(A)(i) . (2) Section 401(k)(12)(G) is amended by striking the requirements under subparagraph (A)(i) and inserting the contribution requirements under subparagraph (B) or (C) . (3) Section 401(k)(13)(D)(iv) is amended by striking and (F) and inserting and (G) . (4) Section 408(o)(5)(A) is amended by striking subsection (b) and inserting section 219(b) . (c) Effective date The amendments made by this section shall take effect as if included in section of the Setting Every Community Up for Retirement Enhancement Act of 2019 to which the amendment relates. 803. Modification of required minimum distribution rules for special needs trusts (a) In general Section 401(a)(9)(H)(iv)(II) is amended by striking no individual and inserting no beneficiary . (b) Conforming amendment Section 401(a)(9)(H)(v) is amended by adding at the end the following flush sentence: For purposes of the preceding sentence, in the case of a trust the terms of which are described in clause (iv)(II), any beneficiary which is an organization described in section 408(d)(8)(B)(i) shall be treated as a designated beneficiary described in subclause (II). . (c) Effective date The amendments made by this section shall apply to calendar years beginning after the date of the enactment of this Act. IX Plan amendments 901. Provisions relating to plan amendments (a) In general If this section applies to any retirement plan or contract amendment— (1) such retirement plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A); and (2) to the extent provided by the Secretary of the Treasury (or the Secretary’s delegate), such retirement plan shall not fail to meet the requirements of section 411(d)(6) of the Internal Revenue Code of 1986 and section 204(g) of the Employee Retirement Income Security Act of 1974 by reason of such amendment. (b) Amendments to which section applies (1) In general This section shall apply to any amendment to any retirement plan or annuity contract which is made— (A) pursuant to any amendment made by this Act or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor (or a delegate of either such Secretary) under this Act; and (B) on or before the last day of the first plan year beginning on or after January 1, 2024, or such later date as the Secretary of the Treasury may prescribe. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), or an applicable collectively bargained plan, this paragraph shall be applied by substituting 2026 for 2024 . For purposes of the preceding sentence, the term applicable collectively bargained plan means a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act. (2) Conditions This section shall not apply to any amendment unless— (A) during the period— (i) beginning on the date the legislative or regulatory amendment described in paragraph (1)(A) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan); and (ii) ending on the date described in paragraph (1)(B) (as modified by the second sentence of paragraph (1)) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (B) such plan or contract amendment applies retroactively for such period. (c) Coordination with other provisions relating to plan amendments (1) SECURE Act Section 601(b)(1) of the Setting Every Community Up for Retirement Enhancement Act of 2019 is amended— (A) by striking January 1, 2022 in subparagraph (B) and inserting January 1, 2024 , and (B) by striking substituting 2024 for 2022 . in the flush matter at the end and inserting substituting 2026 for 2024 . . (2) CARES Act (A) Special rules for use of retirement funds Section 2202(c)(2)(A) of the CARES Act is amended by striking January 1, 2022 in clause (ii) and inserting January 1, 2024 . (B) Temporary waiver of required minimum distributions rules for certain retirement plans and accounts Section 2203(c)(2)(B)(i) of the CARES Act is amended— (i) by striking January 1, 2022 in subclause (II) and inserting January 1, 2024 , and (ii) by striking substituting 2024 for 2022 . in the flush matter at the end and inserting substituting 2026 for 2024 . . (C) Taxpayer Certainty and Disaster Tax Relief Act of 2020 Section 302(d)(2)(A) of the Taxpayer Certainty and Disaster Tax Relief Act of 2020 is amended by striking January 1, 2022 in clause (ii) and inserting January 1, 2024 . X Tax Court retirement provisions 1001. Provisions relating to judges of the Tax Court (a) Thrift Savings Plan contributions for judges in the Federal Employees Retirement System (1) In general Subsection (j)(3)(B) of section 7447 is amended to read as follows: (B) Contributions for benefit of judge No contributions under section 8432(c) of title 5, United States Code, shall be made for the benefit of a judge who has filed an election to receive retired pay under subsection (e). . (2) Offset Paragraph (3) of section 7447(j) is amended by adding at the end the following new subparagraph: (F) Offset In the case of a judge who receives a distribution from the Thrift Savings Plan and who later receives retired pay under subsection (d), the retired pay shall be offset by an amount equal to the amount of the distribution which represents the Government’s contribution to the individual’s Thrift Savings Account during years of service as a full-time judicial officer under the Federal Employees Retirement System, without regard to earnings attributable to such amount. Where such an offset would exceed 50 percent of the retired pay to be received in the first year, the offset may be divided equally over the first 2 years in which the individual receives the annuity. . (3) Effective date The amendments made by this subsection shall apply to basic pay earned while serving as a judge of the United States Tax Court on or after the date of the enactment of this Act. (b) Change in vesting period for survivor annuities and waiver of vesting period in the event of assassination (1) Eligibility in case of death Subsection (h) of section 7448 is amended to read as follows: (h) Entitlement to annuity (1) In general (A) Annuity to surviving spouse If a judge or special trial judge described in paragraph (2) is survived by a surviving spouse but not by a dependent child, there shall be paid to such surviving spouse an annuity beginning with the day of the death of the judge or special trial judge or following the surviving spouse’s attainment of age 50, whichever is the later, in an amount computed as provided in subsection (m). (B) Annuity to surviving spouse and child If a judge or special trial judge described in paragraph (2) is survived by a surviving spouse and dependent child or children, there shall be paid to such surviving spouse an annuity, beginning on the day of the death of the judge or special trial judge, in an amount computed as provided in subsection (m), and there shall also be paid to or on behalf of each such child an immediate annuity equal to the lesser of— (i) 10 percent of the average annual salary of such judge or special trial judge (determined in accordance with subsection (m)), or (ii) 20 percent of such average annual salary, divided by the number of such children. (C) Annuity to surviving dependent children If a judge or special trial judge described in paragraph (2) leaves no surviving spouse but leaves a surviving dependent child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to the lesser of— (i) 20 percent of the average annual salary of such judge or special trial judge (determined in accordance with subsection (m)), or (ii) 40 percent of such average annual salary divided by the number of such children. (2) Covered judges Paragraph (1) applies to any judge or special trial judge electing under subsection (b)— (A) who dies while a judge or special trial judge after having rendered at least 18 months of civilian service computed as prescribed in subsection (n), for the last 18 months of which the salary deductions provided for by subsection (c)(1) or the deposits required by subsection (d) have actually been made or the salary deductions required by the civil service retirement laws have actually been made, or (B) who dies by assassination after having rendered less than 18 months of civilian service computed as prescribed in subsection (n) if, for the period of such service, the salary deductions provided for by subsection (c)(1) or the deposits required by subsection (d) have actually been made. (3) Termination of annuity (A) Surviving spouse The annuity payable to a surviving spouse under this subsection shall be terminable upon such surviving spouse’s death or such surviving spouse’s remarriage before attaining age 55. (B) Surviving child Any annuity payable to a child under this subsection shall be terminable upon the earliest of— (i) the child's attainment of age 18, (ii) the child’s marriage, or (iii) the child’s death, except that if such child is incapable of self-support by reason of mental or physical disability the child’s annuity shall be terminable only upon death, marriage, or recovery from such disability. (C) Dependent child after death of surviving spouse In case of the death of a surviving spouse of a judge or special trial judge leaving a dependent child or children of the judge or special trial judge surviving such spouse, the annuity of such child or children shall be recomputed and paid as provided in paragraph (1)(C). (D) Recomputation with respect to other dependent children In any case in which the annuity of a dependent child is terminated under this subsection, the annuities of any remaining dependent child or children based upon the service of the same judge or special trial judge shall be recomputed and paid as though the child whose annuity was so terminated had not survived such judge. (E) Special rule for assassinated judges In the case of a survivor of a judge or special trial judge described in paragraph (2)(B), there shall be deducted from the annuities otherwise payable under this section an amount equal to the amount of salary deductions that would have been made if such deductions had been made for 18 months prior to the death of the judge or special trial judge. . (2) Definition of assassination Section 7448(a) is amended by adding at the end the following new paragraph: (10) The terms assassinated and assassination mean the killing of a judge or special trial judge that is motivated by the performance by the judge or special trial judge of his or her official duties. . (3) Determination of assassination Subsection (i) of section 7448 is amended— (A) by striking of dependency and disability .—Questions and inserting “ by chief judge .— (1) Dependency and disability Questions , and (B) by adding at the end the following new paragraph: (2) Assassination The chief judge shall determine whether the killing of a judge or special trial judge was an assassination, subject to review only by the Tax Court. The head of any Federal agency that investigates the killing of a judge or special trial judge shall provide to the chief judge any information that would assist the chief judge in making such a determination. . (4) Computation of annuities Subsection (m) of section 7448 is amended— (A) by striking annuities .—The annuity and inserting “ annuities .— (1) In general Except as provided in paragraph (2), the annuity , (B) by striking the sum of (1) 1.5 percent and inserting “the sum of— (A) 1.5 percent , (C) by striking and (2) three-fourths of 1 percent and inserting “and (B) three-fourths of 1 percent , (D) by striking prior allowable service, except that and inserting “prior allowable service, except that , and (E) by adding at the end the following new paragraph: (2) Service of less than 3 years In the case of a judge or special trial judge who has served less than 3 years, the annuity of the surviving spouse of such judge or special trial judge shall be based upon the average annual salary received by such judge or special trial judge for judicial service prior to the death of the judge or special trial judge. . (5) Other benefits Section 7448 is amended by adding at the end the following new subsection: (u) Other benefits in case of assassination In the case of a judge or special trial judge who is assassinated, an annuity shall be paid under this section notwithstanding a survivor’s eligibility for or receipt of benefits under chapter 81 of title 5, United States Code, except that the annuity for which a surviving spouse is eligible under this section shall be reduced to the extent that the total benefits paid under this section and chapter 81 of that title for any year would exceed the current salary for that year of the office of the judge or special trial judge. . (c) Coordination of retirement and survivor annuity with the Federal Employees Retirement System (1) Retirement Section 7447 is amended— (A) by striking section 8331(8) in subsection (g)(2)(C) and inserting sections 8331(8) and 8401(19) , and (B) by striking Civil Service Commission both places it appears in subsection (i)(2) and inserting Office of Personnel Management . (2) Annuities to surviving spouses and dependent children Section 7448 is amended— (A) by striking section 8332 in subsection (d) and inserting sections 8332 and 8411 , and (B) by striking section 8332 in subsection (n) and inserting sections 8332 and 8411 . (d) Limit on teaching compensation of retired judges (1) In general Section 7447 is amended by adding at the end the following new subsection: (k) Teaching compensation of retired judges For purposes of the limitation under section 501(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.), any compensation for teaching approved under section 502(a)(5) of such Act shall not be treated as outside earned income when received by a judge of the United States Tax Court who has retired under subsection (b) for teaching performed during any calendar year for which such a judge has met the requirements of subsection (c), as certified by the chief judge. . (2) Effective date The amendment made by this subsection shall apply to any individual serving as a retired judge of the United States Tax Court on or after the date of the enactment of this Act. (e) Effective date Except as otherwise provided, the amendments made by this section shall take effect on the date of the enactment of this Act. 1002. Provisions relating to special trial judges of the Tax Court (a) Retirement and recall for special trial judges Part I of subchapter C of chapter 76 is amended by inserting after section 7447 the following new section: 7447A. Retirement for special trial judges (a) In general (1) Retirement Any special trial judge appointed pursuant to section 7443A may retire from service as a special trial judge if the individual meets the age and service requirements set forth in the following table: If the special trial judge has attained age: And the years of service as a special trial judge are at least: 65 15 66 14 67 13 68 12 69 11 70 10. (2) Length of service In making any determination of length of service as a special trial judge there shall be included all periods (whether or not consecutive) during which an individual served as a special trial judge (b) Retirement upon disability Any special trial judge appointed pursuant to section 7443A who becomes permanently disabled from performing such individual's duties shall retire from service as a special trial judge. (c) Recalling of retired special trial judges Any individual who has retired pursuant to subsection (a) may be called upon by the chief judge to perform such judicial duties with the Tax Court as may be requested of such individual for a period or periods specified by the chief judge, except that in the case of any such individual— (1) the aggregate of such periods in any 1 calendar year shall not (without the consent of such individual) exceed 90 calendar days, and (2) such individual shall be relieved of performing such duties during any period in which illness or disability precludes the performance of such duties. Any act, or failure to act, by an individual performing judicial duties pursuant to this subsection shall have the same force and effect as if it were the act (or failure to act) of a special trial judge. Any individual who is performing judicial duties pursuant to this subsection shall be paid the same compensation (in lieu of retired pay) and allowances for travel and other expenses as a special trial judge. (d) Retired pay (1) In general Any individual who retires pursuant to subsection (a) and elects under subsection (e) to receive retired pay under this subsection shall receive retired pay during any period of retirement from service as a special trial judge at a rate which bears the same ratio to the rate of the salary payable to a special trial judge during such period as— (A) the number of years such individual has served as special trial judge bears to, (B) 15, except that the rate of such retired pay shall not be more than the rate of such salary for such period. (2) Retirement upon disability Any individual who retires pursuant to subsection (b) and elects under subsection (e) to receive retired pay under this subsection shall receive retired pay during any period of retirement from service as a special trial judge— (A) at a rate equal to the rate of the salary payable to a special trial judge during such period, if the individual had at least 10 years of service as a special trial judge before retirement, and (B) at a rate equal to ½ the rate described in subparagraph (A), if the individual had fewer than 10 years of service as a special trial judge before retirement. (3) Beginning date and payment Retired pay under this subsection shall begin to accrue on the day following the date on which the individual’s salary as a special trial judge ceases to accrue, and shall continue to accrue during the remainder of such individual’s life. Retired pay under this subsection shall be paid in the same manner as the salary of a special trial judge. (4) Partial years In computing the rate of the retired pay for an individual to whom paragraph (1) applies, any portion of the aggregate number of years such individual has served as a special trial judge which is a fractional part of 1 year shall be eliminated if it is less than 6 months, or shall be counted as a full year if it is 6 months or more. (5) Recalled service In computing the rate of the retired pay for an individual to whom paragraph (1) applies, any period during which such individual performs services under subsection (c) on a substantially full-time basis shall be treated as a period during which such individual has served as a special trial judge. (e) Election to receive retired pay Any special trial judge may elect to receive retired pay under subsection (d). Such an election— (1) may be made only while an individual is a special trial judge (except that in the case of an individual who fails to be reappointed as a special trial judge, such election may be made within 60 days after such individual leaves office as a special trial judge), (2) once made, shall be irrevocable, and (3) shall be made by filing notice thereof in writing with the chief judge. The chief judge shall transmit to the Office of Personnel Management a copy of each notice filed with the chief judge under this subsection. (f) Other rules made applicable The rules of subsections (f), (g), (h), (i), and (j) of section 7447 shall apply to a special trial judge in the same manner as a judge of the Tax Court. For purposes of the preceding sentence, any reference to the President in such subsections shall be applied as if it were a reference to the chief judge. . (b) Conforming amendments (1) Section 3121(b)(5)(E) is amended by inserting or special trial judge before of the United States Tax Court . (2) Section 7448(b)(2) is amended to read as follows: (2) Special trial judges Any special trial judge may by written election filed with the chief judge elect the application of this section. Such election shall be filed while such individual is a special trial judge. . (3) Section 210(a)(5)(E) of the Social Security Act ( 42 U.S.C. 410(a)(5)(E) ) is amended by inserting or special trial judge before of the United States Tax Court . (c) Clerical amendment The table of sections for part I of subchapter C of chapter 76 is amended by inserting after the item relating to section 7447 the following new item: Sec. 7447A. Retirement for special trial judges. . (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. XI Revenue provisions 1101. Simple and SEP Roth IRAs (a) In general Section 408A is amended by striking subsection (f). (b) Rules relating to simplified employee pensions (1) Contributions Section 402(h)(1) is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by adding at the end the following new subparagraph: (C) in the case of any contributions pursuant to a simplified employer pension which are made to an individual retirement plan designated as a Roth IRA, such contribution shall not be excludable from gross income. . (2) Distributions Section 402(h)(3) is amended by inserting , or section 408A(d) in the case of an individual retirement plan designated as a Roth IRA before the period at the end. (3) Election required Section 408(k) is amended by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively, and by inserting after paragraph (6) the following new paragraph: (7) Roth contribution election An individual retirement plan which is designated as a Roth IRA shall not be treated as a simplified employee pension under this subsection unless the employee elects for such plan to be so treated (at such time and in such manner as the Secretary may provide). . (c) Rules relating to simple retirement accounts (1) Election required Section 408(p), as amended by this Act, is further amended by adding at the end the following new paragraph: (13) Roth contribution election An individual retirement plan which is designated as a Roth IRA shall not be treated as a simple retirement account under this subsection unless the employee elects for such plan to be so treated (at such time and in such manner as the Secretary may provide). . (2) Rollovers Section 408A(e) is amended by adding at the end the following new paragraph: (3) Simple retirement accounts In the case of any payment or distribution out of a simple retirement account (as defined in section 408(p)) with respect to which an election has been made under section 408(p)(13) and to which 72(t)(6)(A) applies, the term qualified rollover contribution shall not include any payment or distribution paid into an account other than another simple retirement account (as so defined). . (d) Coordination with Roth contribution limitation Section 408A(c) is amended by adding at the end the following new paragraph: (7) Coordination with limitation for simple retirement plans and SEPs In the case of an individual on whose behalf contributions are made to a simple retirement account or a simplified employee pension, the amount described in paragraph (2)(A) shall be increased by an amount equal to the contributions made on the individual’s behalf to such account or pension for the taxable year, but only to the extent such contributions— (A) in the case of a simplified retirement account— (i) do not exceed the sum of the dollar amount in effect for the taxable year under section 408(p)(2)(A)(ii) and the employer contribution required under subparagraph (A)(iii) or (B)(i), as the case may be, of section 408(p)(2), and (ii) do not cause the elective deferrals (as defined in section 402(g)(3)) on behalf of such individual to exceed the limitation under section 402(g)(1) (taking into account any additional elective deferrals permitted under section 414(v)), or (B) in the case of a simplified employee pension, do not exceed the limitation in effect under section 408(j). . (e) Conforming amendment Section 408A(d)(2)(B) is amended by inserting , or employer in the case of a simple retirement account (as defined in section 408(p)) or simplified employee pension (as defined in section 408(k)), after individual’s spouse . (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 1102. Elective deferrals generally limited to regular contribution limit (a) Applicable employer plans Section 414(v) is amended by adding at the end the following new paragraphs: (7) Certain deferrals must be Roth contributions (A) In general Except as provided in subparagraph (C), in the case of an eligible participant whose wages (as defined in section 3121(a)) for the preceding year exceed $100,000, paragraph (1) shall apply only if any additional elective deferrals are designated Roth contributions (as defined in section 402A(c)(1)). (B) Roth option In the case of an applicable employer plan with respect to which subparagraph (A) applies to any participant for a plan year, paragraph (1) shall not apply to the plan unless the plan provides that any eligible participant may make the participant's additional elective deferrals as designated Roth contributions. (C) Exception Subparagraph (A) shall not apply in the case of an applicable employer plan described in paragraph (6)(A)(iv). (D) Election to change deferrals The Secretary may provide by regulations that an eligible participant may elect to change the participant's election to make additional elective deferrals if the participant's compensation is determined to exceed the limitation under subparagraph (A) after the election is made. (8) No recharacterization of excess deferrals If the elective deferrals for any year of an eligible participant to which paragraph (7)(A) applies exceed any applicable limitation under this title (without regard to paragraph (1)) or the terms of the plan, such excess shall not be treated as additional elective deferrals to which paragraph (1) applies. . (b) Conforming amendments (1) Section 402(g)(1) is amended by striking subparagraph (C). (2) Section 457(e)(18)(A)(ii) is amended by inserting the lesser of any designated Roth contributions made by the participant to the plan or before the applicable dollar amount . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 1103. Optional treatment of employer matching or nonelective contributions as Roth contributions (a) In general Section 402A(a) is amended by redesignating paragraph (2) as paragraph (4), by striking and at the end of paragraph (1), and by inserting after paragraph (1) the following new paragraphs: (2) any designated Roth contribution which is made by the employer to the program on the employee’s behalf on account of the employee’s contribution, elective deferral, or (subject to the requirements of section 401(m)(14)) qualified student loan payment shall be treated as a matching contribution for purposes of this chapter, except that such contribution shall not be excludable from gross income, (3) any designated Roth contribution which is made by the employer to the program on the employee’s behalf and which is a nonelective contribution shall be fully vested and shall not be excludable from gross income, and . (b) Matching included in qualified Roth contribution program Section 402A(b)(1) is amended— (1) by inserting , or to have made on the employee’s behalf, after elect to make , and (2) by inserting , or of matching contributions or nonelective contributions which may otherwise be made on the employee’s behalf, after otherwise eligible to make . (c) Designated Roth matching contributions Section 402A(c)(1) is amended by inserting , matching contribution, or nonelective contribution after elective deferral . (d) Matching contribution defined Section 402A(e) is amended by adding at the end the following: (3) Matching contribution The term matching contribution means— (A) any matching contribution described in section 401(m)(4)(A), and (B) any contribution to an eligible deferred compensation plan (as defined in section 457(b)) by an eligible employer described in section 457(e)(1)(A) on behalf of an employee and on account of such employee’s elective deferral under such plan, but only if such contribution is fully vested at the time received. . (e) Effective date The amendments made by this section shall apply to contributions made after December 31, 2022. 1104. Charitable conservation easements (a) In general Section 170(h) is amended by adding at the end the following new paragraph: (7) Limitation on deduction for qualified conservation contributions made by pass-through entities (A) In general A contribution by a partnership (whether directly or as a distributive share of a contribution of another partnership) shall not be treated as a qualified conservation contribution for purposes of this section if the amount of such contribution exceeds 2.5 times the sum of each partner’s relevant basis in such partnership. (B) Relevant basis For purposes of this paragraph— (i) In general The term relevant basis means, with respect to any partner, the portion of such partner’s modified basis in the partnership which is allocable (under rules similar to the rules of section 755) to the portion of the real property with respect to which the contribution described in subparagraph (A) is made. (ii) Modified basis The term modified basis means, with respect to any partner, such partner’s adjusted basis in the partnership as determined— (I) immediately before the contribution described in subparagraph (A), (II) without regard to section 752, and (III) by the partnership after taking into account the adjustments described in subclauses (I) and (II) and such other adjustments as the Secretary may provide. (C) Exception for contributions outside 3-year holding period Subparagraph (A) shall not apply to any contribution which is made at least 3 years after the latest of— (i) the last date on which the partnership that made such contribution acquired any portion of the real property with respect to which such contribution is made, (ii) the last date on which any partner in the partnership that made such contribution acquired any interest in such partnership, and (iii) if the interest in the partnership that made such contribution is held through 1 or more partnerships— (I) the last date on which any such partnership acquired any interest in any other such partnership, and (II) the last date on which any partner in any such partnership acquired any interest in such partnership. (D) Exception for family partnerships (i) In general Subparagraph (A) shall not apply with respect to any contribution made by any partnership if substantially all of the partnership interests in such partnership are held, directly or indirectly, by an individual and members of the family of such individual. (ii) Members of the family For purposes of this subparagraph, the term members of the family means, with respect to any individual— (I) the spouse of such individual, and (II) any individual who bears a relationship to such individual which is described in subparagraphs (A) through (G) of section 152(d)(2). (E) Application to other pass-through entities Except as may be otherwise provided by the Secretary, the rules of this paragraph shall apply to S corporations and other pass-through entities in the same manner as such rules apply to partnerships. (F) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph, including regulations or other guidance— (i) to require reporting, including reporting related to tiered partnerships and the modified basis of partners, and (ii) to prevent the avoidance of the purposes of this paragraph. . (b) Application of accuracy-related penalties (1) In general Section 6662(b) is amended by inserting after paragraph (9) the following new paragraph: (10) Any disallowance of a deduction by reason of section 170(h)(7). . (2) Treatment as gross valuation misstatement Section 6662(h)(2) is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by adding at the end the following new subparagraph: (D) any disallowance of a deduction described in subsection (b)(10). . (3) No reasonable cause exception Section 6664(c)(2) is amended by inserting or to any disallowance of a deduction described in section 6662(b)(10) before the period at the end. (4) Approval of assessment not required Section 6751(b)(2)(A) is amended by striking subsection (b)(9) and inserting paragraph (9) or (10) of subsection (b) . (c) Extension of statute of limitations for listed transactions Any contribution described in section 170(h)(7)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be treated for purposes of sections 6501(c)(10) and 6235(c)(6) of such Code as a transaction specifically identified by the Secretary as a tax avoidance transaction for purposes of section 6011 of such Code. (d) Effective date (1) In general The amendments made by this section shall apply to contributions made after the date of the enactment of this Act. (2) No inference No inference is intended as to the appropriate treatment of contributions made in taxable years ending on or before the date specified in paragraph (1), or as to any activity not described in section 170(h)(7) of the Internal Revenue Code of 1986, as added by this section.
September 8, 2022 Read twice and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s4808rs/xml/BILLS-117s4808rs.xml |
117-s-4809 | II 117th CONGRESS 2d Session S. 4809 IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To strengthen the requirements relating to advance electronic information for cargo, and for other purposes.
1. Short title This Act may be cited as the Uniform Postal Data Acquisition for Transparency and Early Detection within the United States Postal Service Act or the UPDATED USPS Act . 2. Modification of requirements relating to advance electronic information for cargo (a) Elimination of restriction on use of advance electronic information for commercial enforcement Section 343(a)(3)(F) of the Customs Border Security Act of 2002 ( 19 U.S.C. 1415(a)(3)(F) ) is amended by striking , and shall and all that follows through thereunder . (b) Elimination of waivers of requirement To transmit advance electronic information for countries (1) In general Section 343(a)(3)(K)(vi) of the Customs Border Security Act of 2002 ( 19 U.S.C. 1415(a)(3)(K)(vi) ) is amended— (A) by striking subclauses (II), (III), and (IV); and (B) by striking (I) Notwithstanding and inserting Notwithstanding . (2) Effective date The amendments made by paragraph (1) take effect on the date that is 180 days after the date of the enactment of this Act. (c) Requirement To refuse shipments for which advance electronic information is not transmitted Section 343(a)(3)(K)(vii) of the Customs Border Security Act of 2002 ( 19 U.S.C. 1415(a)(3)(K)(vii) ) is amended to read as follows: (vii) The Commissioner shall refuse entry for any international mail shipments described in clause (i) received after December 31, 2022, for which the information described in paragraphs (1) and (2) is not transmitted as required under this subparagraph. . (d) Inclusion of letter class mail; publication of number of shipments for which advance electronic information not transmitted Section 343(a)(3)(K) of the Customs Border Security Act of 2002 ( 19 U.S.C. 1415(a)(3)(K) ) is amended— (1) by redesignating clauses (viii) and (ix) as clauses (x) and (xi), respectively; and (2) by inserting after clause (vii) the following: (viii) Not later than December 31, 2022, the Postal Service shall arrange for the transmission to the Commissioner of the information described in paragraphs (1) and (2) for all international mail shipments. (ix) Not less frequently than every 30 days, the Postal Service shall publish on a publicly accessible internet website the number of international mail shipments for which the information described in paragraphs (1) and (2) was not transmitted to the Commissioner under this subparagraph during the preceding 30-day period. . (e) Monthly report Section 343(a) of the Customs Border Security Act of 2002 ( 19 U.S.C. 1415(a) ) is amended by adding at the end the following: (6) Monthly report Not later than 90 days after the date of the enactment of the UPDATED USPS Act , and every 30 days thereafter, the Secretary shall publish, for the preceding 30-day period, the following information: (A) The total volume of international mail shipments and other cargo received by the Postal Service and private sector importers for which advance electronic information is submitted under this section. (B) The number of packages included in such shipments and cargo that U.S. Customs and Border Protection requested to screen and the number of packages provided for such screening by the Postal Service and private sector importers. (C) An assessment of the results of inspections by U.S. Customs and Border Protection of international mail facilities and private sector importers, including the number of goods inspected and seized. (D) The volume of Inbound Express Mail Service items entered under section 13031(b)(9)(D) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(b)(9)(D) ). (E) The total amount of fees paid to U.S. Customs and Border Protection by the Postal Service and private sector importers under that section. (F) The number of international mail shipments, disaggregated by letters and packages, received from each foreign country. . (f) Technical amendments Section 343 of the Customs Border Security Act of 2002 ( 19 U.S.C. 1415 ) is amended— (1) in subsection (a)(3)(G), by striking the second period at the end; (2) by amending subsection (c) to read as follows: (c) Secretary defined In this section, the term Secretary means the Secretary of the Treasury and the Secretary of Homeland Security acting jointly. ; and (3) by striking the Customs Service each place it appears and inserting U.S. Customs and Border Protection . | https://www.govinfo.gov/content/pkg/BILLS-117s4809is/xml/BILLS-117s4809is.xml |
117-s-4810 | II 117th CONGRESS 2d Session S. 4810 IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish a program of workforce development as an alternative to college for all, and for other purposes.
1. Short title This Act may be cited as the American Workforce Act . 2. Definitions In this Act: (1) American workforce contract The term American workforce contract means a contract approved by the Director, and entered into by an employer and a prospective trainee under section 4(b)(6). (2) American workforce program The term American workforce program means a program established under section 4(a) that provides, for each participating trainee, a paid, full-time position in which the trainee is engaged in— (A) structured on-the-job work, as specified by the American workforce contract involved; and (B) educational workforce training described in section 4(f), as specified by the American workforce contract. (3) Competency-based credential The term competency-based credential means a credential awarded on the basis of a performance-based test that— (A) is taken to demonstrate proficiency in knowledge and abilities essential to the industry or occupation; and (B) does not place restrictions on how, when, or where the test taker studied and acquired the knowledge and abilities. (4) Director The term Director means the Director of the American Workforce Division, appointed under section 3(b). (5) Employer The term employer means a for-profit employer, as defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ), other than a public agency, as defined in that section. (6) Prospective trainee The term prospective trainee means an individual who— (A) applies to an employer to enter into an American workforce contract; and (B) on the date of application, meets the requirements of paragraph (8)(A). (7) Secretary The term Secretary means the Secretary of Commerce. (8) Trainee The term trainee means any individual who— (A) on the date of application to an employer to enter into an American workforce contract— (i) is a United States citizen; (ii) has a high school diploma or its generally recognized equivalent; and (iii) has not earned a bachelor’s or higher degree, such as a master’s or doctoral degree; and (B) entered into an American workforce contract, which is still in effect, with the employer. (9) Workforce project The term workforce project means a project carried out under an American workforce contract as part of the American workforce program. 3. Establishment of American Workforce Division (a) Establishment There is established in the Economic Development Administration of the Department of Commerce an American Workforce Division that administers, subject to the availability of appropriations, the American workforce program established under section 4(a). (b) Director (1) In general The American Workforce Division shall be headed and administered, in accordance with the provisions of this Act, by a Director. The Director shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report directly to the Secretary and shall perform, in addition to any functions specified in law for or required to be delegated to such officer, such additional functions as the Secretary may prescribe. (2) Qualifications The Director shall have significant experience in the private sector. (3) Authority before confirmation Until the initial appointment of an individual to the position of Director, by and with the advice and consent of the Senate, and, thereafter, if the individual serving as the Director dies, resigns, or is otherwise unable to perform the functions and duties of the office of the Director, the Secretary of Commerce shall designate an officer or employee of the Department of Commerce to perform the functions and duties of the Director under this Act temporarily in an acting capacity. (c) Responsibilities of the Director The Director shall be responsible for each of the following: (1) Reviewing, and approving or disapproving, each proposed American workforce contract received by the Director not later than 1 month after the date of receipt of the proposed contract. (2) (A) Maintaining records of American workforce contracts and ensuring compliance with the contracts. (B) Publishing a standardized template for American workforce contracts, which template shall not exceed 3 pages, and shall be used by prospective trainees and employers to draft a proposed American workforce contract to submit to the Director for review and approval. (3) In accordance with subsection (d), receiving complaints, carrying out investigations, and taking disciplinary and correction action. (4) In accordance with subsection (e), making determinations and taking disciplinary and corrective action. (5) Coordinating activities with State governments and local governments to— (A) publicize the opportunity to receive workforce education subsidies for workforce projects, with employers in high-wage, high-demand industries and occupations; and (B) encourage employers to recruit students from secondary schools to participate in the workforce projects. (6) Developing and maintaining a comprehensive, publicly accessible, and user-friendly website to allow employers from each State to simply indicate their demand for workers in their industry or occupation, post it online, and accept applications for training from prospective trainees and ensures prospective trainees can easily search and compare options. (7) Preparing 5- and 10-year reports under section 6, and submitting the reports to Congress. (8) (A) Collecting, on an ongoing basis, up-to-date contact information, including an email, phone number, and mailing address, for each employer participating in a workforce project in the American workforce program. (B) Annually collecting the following information about the American workforce program: (i) The total number of new and continuing trainees training in each workforce project under an American workforce contract. (ii) The annual completion rate for trainees, calculated by comparing the number of trainees in a designated American workforce program cohort who successfully completed a workforce project with an employer and were hired as full-time regular employees by the same employer, with the number of trainees in that cohort who began participating in a workforce project. (iii) The annual rate of trainees who successfully completed a workforce project with an employer but were not hired as full-time regular employees by the same employer compared with the number of trainees who began participating in a workforce project. (iv) The median length of time for workforce project completion. (v) A survey conducted by the Director, based on a random sample and designed to generate statistically significant results, to estimate the post-American workforce program employment retention rate for former trainees, calculated 1 and 2 years after completion of a workforce project, broken down by— (I) former trainees who are employed by the employer with whom they completed their workforce project; (II) former trainees employed in the same industry or occupation as the industry or occupation in which they completed that workforce project, but by a different employer; and (III) former trainees who are employed, but in an industry or occupation that is not the industry or occupation described in subclause (II). (vi) The credentials attained by trainees through the American workforce program, broken down by type (such as competency-based credentials, certifications, and licenses) and the number of such credentials attained. (vii) The annualized average earnings of former trainees, calculated over a significant time period after completion of a workforce project. (viii) Median and mean workforce education subsidy provided per trainee. (ix) Basic demographic information, such as age, sex, and area of residence, on trainees. (d) Whistleblower complaints (1) Complaint A trainee (including an employee participating as a trainee) in a workforce project may file a complaint with the Director alleging that the employer involved is not complying with the terms of the American workforce contract involved. (2) Preliminary determination The Director shall begin an investigation into the complaint within 1 month after the date of receipt of the complaint. Not later than 90 days after the beginning of the investigation, if the Director determines that there is clear and convincing evidence that the complaint is valid, the Director shall make a preliminary determination on disciplinary or corrective action. (3) Notice and opportunity to respond If the Director makes a preliminary determination under paragraph (2) of noncompliance, the Director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination. (4) Disciplinary or corrective action Disciplinary or corrective action under this subsection may consist of— (A) issuing to the employer a warning or temporary suspension, of not more than 5 years, from participation in the American workforce program; and (B) assessing a civil penalty against the employer of not more than the amount of funds received by the employer through workforce education subsidies during the past 2 years. (5) Appeal If the Director so determines that the appropriate disciplinary or corrective action includes a suspension, the employer shall have 90 days to appeal the validity or the disciplinary or corrective action to the Director, with mandatory review by the Secretary of Commerce. (6) Final determination After such mandatory review, the Director shall make a final determination on the validity and on the appropriate disciplinary or corrective action, contingent on approval from the Secretary of Commerce. (e) Noncompliance determinations (1) Accountability The Director— (A) may, in order to make a preliminary determination about whether there is clear and convincing evidence that employers participating in workforce projects are complying with the terms of the American workforce contracts involved and meeting the requirements of the American workforce program— (i) demand and review relevant materials from the employers; and (ii) conduct random, periodic compliance reviews of workforce projects; and (B) shall review information in public disclosure documents submitted under section 4(g), including reviewing completion rates provided under section 4(g)(2)(A) to make a preliminary determination about whether there is clear and convincing evidence that employers are participating in a workforce project with a completion rate below 25 percent over 4 years. (2) Notice and opportunity to respond If the Director makes a preliminary determination under paragraph (1) of noncompliance or participation in a workforce project described in paragraph (1)(B), the Director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination. (3) Warning or civil penalty (A) In general The Director may, at the discretion of the Director, issue a warning to or assess a civil penalty against an employer if, after carrying out paragraph (2), the Director makes a final determination that there is clear and convincing evidence that— (i) the employer is participating in a workforce project described in paragraph (1)(B); or (ii) the employer is violating the terms of an American workforce contract or the requirements of the American workforce program. (B) Calculation of civil penalty A civil penalty assessed under subparagraph (A) shall be in an amount that is not more than the amount of funds received by the employer through workforce education subsidies during the past 2 years. (4) Suspension The Director may, at the discretion of the Director, temporarily suspend an employer from the American workforce program for not more than 5 years if, after carrying out paragraph (2), the Director makes a final determination that there is clear and convincing evidence that— (A) the employer is participating in a workforce project described in paragraph (1)(B); or (B) the employer is consistently or egregiously violating the terms of an American workforce contract or the requirements of the American workforce program. (f) Interference with proceedings or inquiries It shall be unlawful for any employer to discharge or in any other manner discriminate against any trainee because such trainee— (1) has filed any complaint under subsection (d); (2) has given, or is about to give, any information in connection with any inquiry or proceeding under this Act (including any inquiry or proceeding under subsection (d) or (e)); or (3) has testified, or is about to testify, in any such inquiry or proceeding under this Act. 4. American workforce program (a) In general The Director shall establish, subject to the availability of appropriations, an American workforce program, and carry out the program by supporting workforce projects with American workforce contracts, distributing workforce education subsidies and bonuses for hiring, and providing technical and administrative support. (b) Contracts (1) In general To be eligible to receive a workforce education subsidy, bonus for hiring, or technical support under this Act for a workforce project, an employer and prospective trainee shall prepare a proposed American workforce contract under this subsection, based on the standardized template created by the Director, and submit the proposed contract to the Director for approval. The page limitation placed on the Director’s template under subsection (c)(2)(B) shall not apply to the proposed American workforce contract prepared by the trainee and employer or the final American workforce contract. (2) Provisions The proposed contract between an individual who is a prospective trainee and the employer shall include each of the following: (A) Parties involved The name of the individual, the employer participating in the workforce project, and any third-party entity with whom the employer is partnering to provide the educational workforce training component of the project (referred to in this Act as a third-party training entity ). (B) Term The term, which shall not be shorter than 6 weeks, of the workforce project (including specifying total time to completion) and the amount of time the individual will spend in structured on-the-job work and in educational workforce training (including specifying hours per week, month, and year). (C) Work and training plan A detailed overview of the curriculum for the educational workforce training, a description of the structured on-the-job work, and a description of skills and competencies to be attained through the workforce project. (D) Written workforce agreement A proposed written workforce agreement for the individual that outlines each of the following: (i) The terms and conditions of the individual’s work and training. (ii) The wage or salary an individual will receive as a trainee and the estimated starting wage or salary, in accordance with the requirements of subsection (e), for each position, described in subsection (e), that the individual is receiving training for and being considered for. (iii) The technical and professional standards that will be met by the individual for successful completion of the workforce project. (iv) (I) Expected long-term and short-term outcomes for the individual, including qualifying positions of the type the individual is being trained for at the employer and third-party training entities (if applicable), and the estimated wage or salary range for the occupation the individual is being trained for. (II) The projected growth of the relevant industry or occupation, if information on that growth is available to the employer or obtainable with such technical assistance as the Director may provide. (v) The circumstances under which the individual's wage or salary will increase during the workforce project. (vi) A description of voluntary mentorship opportunities that may be available. (vii) A disclosure of the amount of the payment from a workforce education subsidy that the employer will receive per payment period from the Director and any costs or expenses that will be charged to the trainee or could reasonably be expected to be charged to the trainee. (viii) If 1 or more competency-based credentials exist for the relevant industry or occupation, a description of the top 1 to 3 such credentials that the individual might earn on successful completion of the workforce project. (ix) If no competency-based credential exists for the industry or occupation, a description of any other credential, such as a certification or license, that the individual might earn in the relevant industry or occupation due to experience in the workforce project. (3) Review of credentials (A) In general Not later than 1 month after receiving for review a proposed American workforce contract, the Director shall review the credentials specified in the contract under clause (viii) or (ix) of paragraph (2)(D) and may note any additional credentials the Director determines a trainee should consider earning. Any such credential noted by the Director shall be described in the contract. (B) Rules of construction Nothing in this section shall be construed to— (i) permit the Director to reject an entire proposed American workforce contract solely because of the Director’s view of a credential described in the proposed contract; or (ii) require a trainee to agree to earn a competency-based credential or another credential specified in the American workforce contract, as a condition of using funding provided through a workforce education subsidy under this section. (4) Review of contract (A) In general Not later than 1 month after receiving a proposed American workforce contract, the Director shall review, and approve or disapprove, the proposed contract (including conducting the review under paragraph (3) and determining whether the employer has provided the appropriate written disclosure document under subsection (g)). (B) Presumption of approval There shall be a presumption of approval for a proposed American workforce contract, in that such a contract that has not been disapproved by the Director shall be considered to be approved on the 32nd day after the date of that receipt. A proposed American workforce contract may only be disapproved for failing to meet the requirements of this Act. If such a proposed contract is disapproved, the Director shall describe the reason, with a citation to the requirement not met, and a recommendation for how the proposed contract shall be amended to comply with this Act. (5) Review of resubmission If an employer and individual submit a proposed contract under paragraph (1) that is not approved under paragraph (4), the employer and individual may resubmit the amended proposed contract for review as described in paragraph (4). For purposes of paragraph (4)(B), the reference to the date of receipt shall be considered to be the date of receipt of the resubmitted proposed contract. (6) Entry into contract Once a proposed contract has been approved under paragraph (4) or (5), the individual and employer involved may enter into the contract and initiate the workforce project. (7) Current employees A participating employer may enter into an American workforce contract with, and enroll into their workforce project, an employee who holds a position with the employer if the employer agrees to— (A) maintain employment for that employee at the employee's wage or salary on the date of enrollment, or a higher wage or salary; and (B) provide an increase to the employee's annual wage or salary, if the employee successfully completes the workforce project, that is equal to not less than 25 percent of the value of the educational workforce subsidy provided for the project. (c) Workforce education subsidies Not earlier than the date on which an individual and employer enter into an American workforce contract approved by the Director, the Director shall provide an education workforce subsidy to the employer operating the workforce project. Each of the following rules shall apply to the workforce education subsidy and the trainee involved and employer: (1) The workforce education subsidy may be used to subsidize the cost of educational workforce training (onsite or with an eligible third-party training entity), not the wage or salary of the trainee. (2) The employer shall pay, at regular intervals, the trainee a wage or salary at a rate that is not less than the higher of— (A) the rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ); or (B) the rate in effect under a State or local minimum wage law that applies to the State or locality in which the trainee is engaged in labor or service for the employer. (3) The employer shall provide a working environment for the trainee that meets all applicable Federal, State, and local safety laws and regulations. (4) Neither the Director or any other officer or employee of the executive branch of the Federal Government may make the workforce education subsidy contingent on any requirement not specified in this Act. (5) The employer shall not currently be suspended from participating in workforce projects subsection (d) or (e) of section 3. (6) Participation in the workforce project involved shall not make the employer subject to the jurisdiction of the Office of Federal Contract Compliance Programs of the Department of Labor as a Federal contractor, including not being subject to Executive Order 11246. (7) The employer shall comply with all applicable Federal, State, and local statutory laws pertaining to nondiscrimination in employment. (8) The workforce education subsidy may not be used for— (A) diversity, equity, and inclusion training, or culturally responsive training; or (B) any other training that may violate— (i) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ), by contributing to a hostile work environment; or (ii) title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), including its prohibition, on the ground of race, color, or national origin, of discrimination under any program or activity receiving Federal financial assistance. (9) The workforce education subsidy may not be used for political spending, electioneering, or any other purpose that is not directly related to educational workforce training. (10) The Director shall make payments from the workforce education subsidy to the employer— (A) in even installments, following the end of each financial quarter in which the training and on-the-job work specified in the American workforce contract have been completed by the trainee; (B) in sums of not more than $1,500 per month; and (C) for a total amount of not more than $9,000, as determined on the basis of the American workforce contract. (11) A State government or locality may supplement the workforce education subsidy with additional funds, if the State government or locality does not make accepting such funds or any conditions attached to the funds a requirement of accepting Federal funding. (12) If the trainee chooses to leave a workforce project after the halfway point of the term of the workforce project, the trainee will be considered to have used the entirety of one of the workforce education subsidies through which the trainee is eligible to receive educational workforce training. (13) If the employer ceases operations, the trainee shall not be held at fault, meaning that the trainee may receive educational workforce training, funded with the full value of the workforce education subsidy, for a workforce project with a subsequent eligible employer, notwithstanding the time requirement of paragraph (15). (14) The maximum period of time for which an employer (including a subsequent employer described in paragraph (13)) may receive payments, provided through the workforce education subsidy for education workforce training of a trainee, shall be 3 years. (15) (A) In order for a trainee to enroll in a workforce project with a subsequent eligible employer through a second or third such subsidy, the trainee shall receive the related educational workforce training not less than 1 year after the conclusion of the trainee’s most recent training through a workforce education subsidy. (B) The time limit described in subparagraph (A) shall not apply to a trainee who— (i) completed a workforce project with, but was not hired by, an employer; and (ii) seeks to receive such training through a workforce project with the trainee's next employer. (16) The employer shall meet the applicable minimum ratios specified under section 5(d). (17) The employer shall use E-Verify for each trainee enrolled and individual hired or employed during the period for which the employer accepts funds through a subsidy provided under this Act, regardless of whether the trainee or individual participated in a workforce project. (18) The employer shall publish a public disclosure document, consistent with subsection (g). (d) Bonus for hiring (1) In general If an trainee, on completion of a workforce project, is hired as a full-time, regular employee of the employer participating in the workforce project, with a wage or salary described in subsection (e)(1), the employer shall receive a bonus of $1,000 (in addition to any payment received through a workforce education subsidy). The Director shall pay the bonus not sooner than the date that is 6 months after the trainee is so hired. (2) Rules Subject to paragraph (3), each of the rules described in paragraphs (5), (6), (8), (9), (11), (16), (17), and (18) shall apply to the bonus, and the trainee hired and employer, except that a reference in those paragraphs— (A) to a workforce educational subsidy shall be considered to be a reference to the bonus; and (B) to a trainee shall be considered to be a reference to the trainee hired. (3) Use of bonus An employer who receives a bonus under this subsection may use the bonus funds to supplement the wage or salary of the trainee hired. (e) Position for the trainee (1) Wages An employer participating in a workforce project shall be training each trainee and considering each trainee for a position that would have an annual wage or salary of not less than 80 percent of— (A) the annual median household income of the county in which the job involved is located (or an hourly wage based on that income and adjusted for a 2,080-hour annual work period), as determined by the 5-year estimates of the American Community Survey of the Bureau of the Census; or (B) if the county involved is not in a micropolitan or metropolitan area, the annual median household income for the nearest micropolitan or metropolitan area, as determined by the Bureau of the Census. (2) Remote work An employer providing remote work for a trainee or employee (in a position referred to in paragraph (1)) shall use the trainee's or employee's location when determining an applicable wage or salary under this Act. Such a trainee or employee engaging in remote work shall live in the United States and file Federal income taxes in the United States. (3) Work An employer participating in a workforce project shall provide structured on-the-job work for each trainee in a job that requires specialized knowledge and experience and involves the performance of complex tasks, to prepare the trainee for a position referred to in paragraph (1). (f) Educational workforce training In providing for educational workforce training through a workforce project to a trainee, an employer shall meet each of the following requirements: (1) Skills The employer shall ensure that the training is designed in a manner that enables trainees to obtain and demonstrate competency and obtain progressively advancing and portable skills that are necessary for the industry or occupation involved. (2) Partners The employer may partner with any of the following eligible third-party training entities, and may pay such a third-party training entity with funds from a workforce education subsidy, in order to provide the training for trainees in the workforce project: (A) A trade, industry, or employer group or association. (B) A corporation or other related organized entity. (C) An educational institution, such as an institution of higher education, including a community college, or a secondary school. (D) A State or local government agency or entity. (E) A nonprofit organization. (F) A union. (G) A joint labor-management organization. (H) A certification or accreditation body or entity for an industry or occupation. (I) A consortium or partnership of entities such as entities described in any of subparagraphs (A) through (H). (3) Credentials The employer shall ensure that, in conjunction with that training, the trainee shall be made aware of any widely used competency-based credentials in the employer’s industry or occupation. If a competency-based credential is described in the trainee’s American workforce contract, the employer shall not forbid the trainee, or provide a disincentive to discourage the trainee, from taking a related competency-based credential exam. (4) Definitions In this subsection: (A) Community college The term community college means an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) at which the highest degree that is predominately awarded to students is an associate degree. (B) Institution of higher education The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (g) Public disclosure document (1) In general The Director shall require each participating employer seeking approval for a proposed American workforce contract to provide a written disclosure document, about the employer’s workforce project, that includes each of the following statistics and information: (A) The total expected cost, if any, for a trainee during or at the completion of the workforce project, such as the cost of fees for a certification examination. (B) The expected wage or salary for the position of the employer that the workforce project is designed to train for. (C) The length of the workforce project. (D) The total expected number of hours of structured on-the-job work per week, and of hours of educational workforce training per week, for a trainee during the workforce project. (E) The total expected number of hours for which a trainee will be paid during the course of the workforce project. (F) The hourly wage or salary for a trainee during the course of the workforce project. (G) Information stating any certifications, licenses, or other credentials that trainees in the workforce project might earn on successful completion of the workforce project. (2) Additional public disclosure for established workforce projects Three years after an employer has completed a workforce project, the Director shall require the employer to include, in its written disclosure document, documentation that includes each of the following statistics: (A) The completion rate for trainees in a workforce project with the employer, calculated over the previous 3 years. (B) The percentage of trainees that completed a workforce project with, and were hired by, the employer participating in the project, calculated over the previous 2 years. (C) The average wage or salary of currently employed (as of the date of collection of the wage or salary information) trainees who completed a workforce project, during the last 3 years, presented in a way that does not reveal individually identifiable wage or salary information. (3) Availability The disclosure documents described in paragraphs (1) and (2) shall be made available to the general public by the Director. 5. General provisions (a) Workforce project after payment period Nothing in this Act shall be construed to require a workforce project to end after 3 years, the maximum period of time for which an employer may receive payments through a workforce education subsidy for a trainee, if the employer pays for the cost of the associated educational workforce training for the portion of the project after that maximum period. (b) Relationship to other projects Individuals who do not meet the criteria described in section 2(8)(A) may participate in projects, structured like workforce projects described in this Act, if the employer or an organization other than the Federal Government provides the necessary funding for wages or salaries, and educational workforce training. (c) Third-Party training entity The Secretary may not pressure, or provide an incentive or disincentive to, an employer to choose 1 eligible entity over another as a third-party training entity. The choice of a third-party training entity shall be made entirely by an employer. (d) Regulations on Ratios (1) Ratios Beginning 5 years after the date of enactment of this Act, the Secretary may issue regulations that specify 1 or more ratios, based on categories of jobs as defined by the Secretary, between the number of job openings for a prospective position, as a full-time regular employee, related to a workforce project, and the number of trainees in that project. (2) Objectives In issuing the regulations, the Secretary shall consider the following objectives: (A) Assuring that a trainee has a reasonable opportunity to be hired as a full-time, regular employee by the employer participating in the workforce project. (B) Ensuring that an employer’s hiring discretion is not limited in a manner that would incentivize an employer to lower standards for a position that is particularly difficult or dangerous. (e) Criteria The Secretary may establish criteria regarding technical matters and provide technical assistance for meeting the requirements of this Act. (f) Required regulations Regulations required under this Act shall be issued by the corresponding officer within 3 months after the date of enactment of this Act, except as otherwise specified. 6. Evaluation reports and sunset (a) 5-Year report Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report including each of the following information, analysis, and recommendations: (1) A comparison of the American workforce program to other major career and technical education or apprenticeship programs administered by the Federal Government, including the registered apprenticeship program carried out 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 to the workforce investment activity programs administered under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), on the basis of— (A) the completion rate of participants in each program; (B) the average earnings of participants in each program, calculated during— (i) the related career and technical education, apprenticeship, workforce investment, or workforce project; and (ii) the period beginning 3 years and ending 5 years after the participants complete the related career and technical education, apprenticeship, workforce investment, or workforce project; (C) the percentages obtained by dividing— (i) the number of participants and rate of growth in participants for each program; by (ii) the number of individuals in the labor force and the rate of growth of the labor force, respectively; (D) the level of direct engagement by employers with, and satisfaction from employers in, each program; and (E) the diversity of the industries and occupations of the employers who utilize each program. (2) The overall completion rate for the American workforce program, the completion rate for workforce projects by industry and occupation, the number of trainees who dropped out of the program entirely, broken down by industry and occupation, and the number who left a workforce project for another workforce project. (3) The results of a survey, based on a random sample and designed to generate statistically significant results, of trainees who have participated in the program. (4) The results of a survey, based on a random sample and designed to generate statistically significant results, of employers who have participated in the program, including a breakdown by size of employer. (5) Data collected under section 3(c)(8)(B). (6) Information and technical criteria, other regulations, and guidance issued by the Secretary to administer the program. (7) Information on the rate of uptake by individuals and employers that are eligible to participate in the program, and recommendations for ways in which this rate of uptake could be improved. (8) Analysis on considerations for Congress about expanding the use of intermediary institutions, such as nonprofits, to better advertise the program. (9) (A) Analysis on considerations for Congress in expanding eligibility of the program for United States citizens who do not have a high school diploma or its generally recognized equivalent. (B) Analysis on considerations for Congress in encouraging trainees to obtain industry-recognized credentials that help to provide recognition of a portable skill. (C) Analysis on considerations for Congress on the effect and necessity of regulations described in section 5(d). (D) Recommendations for Congress on encouraging participation in workforce projects by small businesses. (10) Analysis on considerations for Congress about how to effectively engage high school students in a workforce project, including— (A) how coursework for a technical high school, or career and technical education in a high school, could qualify towards the completion of a workforce project; and (B) how time spent in structured on-the-job work or educational workforce training for a workforce project could count towards high school graduation. (11) Recommendations for improvement and reauthorization of the American workforce program by Congress. (b) 10-Year report Not later than 10 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report containing the information, analysis, and recommendations described in subsection (a). (c) Sunset The program authorized by section 4 and the position of the Director shall cease to exist on the earlier of— (1) the date on which the Director submits the report described in subsection (b) to Congress; or (2) the day that is 11 years after the date of enactment of this Act. 7. Excise tax on certain large private college and university endowments (a) In general Subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 4969. Excise tax on certain large private college and university endowments (a) Tax imposed There is hereby imposed on each specified applicable educational institution for the taxable year a tax equal to 1 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. (b) Specified applicable educational institution For purposes of this subchapter, the term specified applicable educational institution means any applicable educational institution, other than an institution which is religious in nature, the aggregate fair market value of the assets of which at the end of the preceding taxable year (other than those assets which are used directly in carrying out the institution’s exempt purpose) is at least $2,500,000,000. (c) Other terms For purposes of this section— (1) Assets The rules of section 4968(d) shall apply. (2) Student The rules of section 4968(b)(2) shall apply. . (b) Clerical amendment The table of sections for subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 4969. Excise tax on certain large private college and university endowments. . (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-117s4810is/xml/BILLS-117s4810is.xml |
117-s-4811 | II 117th CONGRESS 2d Session S. 4811 IN THE SENATE OF THE UNITED STATES September 8, 2022 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a comprehensive, long-term United States strategy and policy for the Pacific Islands, and for other purposes.
1. Short titles; table of contents (a) Short titles This Act may be cited as the Boosting Long-term U.S. Engagement in the Pacific Act or BLUE Pacific Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short titles; table of contents. Sec. 2. Findings. Sec. 3. Statement of policy. Sec. 4. Definitions. Sec. 5. Authority to consolidate reports; form of reports. TITLE I—United States engagement and countering transnational crime Sec. 101. Diplomatic presence in the Pacific Islands. Sec. 102. International Law Enforcement Academy for the Pacific Islands. Sec. 103. Security assistance for the Pacific Islands. Sec. 104. Countering transnational crime. Sec. 105. Coordination with regional allies. TITLE II—Development initiatives Sec. 201. Trade development with the Pacific Islands. Sec. 202. Trade capacity building initiative for the Pacific Islands. Sec. 203. Emergency preparedness initiative for the Pacific Islands. Sec. 204. Peace Corps in the Pacific Islands. Sec. 205. Public health in the Pacific Islands. Sec. 206. Education assistance. Sec. 207. Climate resilient development in the Pacific Islands. Sec. 208. Coordination with other Federal agencies and cooperation and participation of nongovernmental United States entities. TITLE III—Promotion of shared values Sec. 301. Press freedom in the Pacific Islands. Sec. 302. United States Agency for Global Media. Sec. 303. Gender equality. Sec. 304. Pacific Islands Leadership Development Initiative. Sec. 305. Civil society engagement and development. 2. Findings Congress finds the following: (1) The Pacific Islands— (A) are home to roughly 10,000,000 residents, including more than 8,600,000 in Papua New Guinea, constituting diverse and dynamic cultures and peoples; (B) are spread across an expanse of the Pacific Ocean equivalent to 15 percent of the Earth’s surface, including the 3 subregions of Melanesia, Micronesia, and Polynesia; and (C) face shared challenges in development that have distinct local contexts, including climate change, rising sea levels, geographic distances from major markets, and vulnerability to external shocks such as natural disasters. (2) The United States is a Pacific country with longstanding ties and shared values and interests with the Pacific Islands, including through the Compacts of Free Association with the Freely Associated States, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (3) The United States has vital national security interests in the Pacific Islands, including— (A) protecting regional peace and security that fully respects the sovereignty of all nations; (B) advancing economic prosperity free from coercion through trade and sustainable development; and (C) supporting democracy, good governance, the rule of law, and human rights and fundamental freedoms. (4) Successive United States administrations have recognized the importance of the Pacific region, including the Pacific Islands, in high-level strategic documents, including— (A) the 2015 United States National Security Strategy, which— (i) first declared the rebalance to Asia and the Pacific; (ii) affirmed the United States as a Pacific nation; and (iii) paved the way for subsequent United States engagement with the Pacific Islands, including several new policies focused on conservation and resilience to climate change that were announced in September 2016; (B) the 2017 United States National Security Strategy, which includes a commitment to shore up fragile partner States in the Pacific Islands region to reduce their vulnerability to economic fluctuations and natural disasters . (C) the 2019 Indo-Pacific Strategy Report, which identified the Pacific Islands as critical to U.S. strategy because of our shared values, interests, and commitments and committed the United States to building capacity and resilience to address maritime security; Illegal, Unreported, and Unregulated fishing; drug trafficking; and resilience to address climate change and disaster response . (5) The United States has deepened its diplomatic engagement with the Pacific Islands through several recent initiatives, including— (A) the Pacific Pledge, which provided an additional $100,000,000 in 2019 and $200,000,000 in 2020, in addition to approximately $350,000,000 that the United States provides annually to the region to support shared priorities in economic and human development, climate change, and more; and (B) the Small and Less Populous Island Economies Initiative, which was launched in March 2021 to strengthen United States collaboration with island countries and territories, including in the Pacific Islands, regarding COVID–19 economic challenges, long-term economic development, climate change, and other shared interests. (6) The Boe Declaration on Regional Security, signed by leaders of the Pacific Islands Forum in 2018, affirmed that climate change remains the single greatest threat to the livelihoods, security, and well-being of the peoples of the Pacific and asserted the sovereign right of every Member to conduct its national affairs free of external interference and coercion . (7) The Asian Development Bank has estimated that the Pacific Islands region has up to $2,800,000,000 per year in investment needs through 2030, in addition to $300,000,000 per year for climate mitigation and adaptation during the same period. (8) The Pacific Islands swiftly enacted effective policies to prevent and contain the spread of the Coronavirus Disease 2019 (commonly referred to as COVID–19 ) pandemic to their populations. The United States has provided more than $130,000,000 in assistance to the Pacific Islands for their COVID–19 response. However, priorities must be met to ensure continued success in preventing the spread of the COVID–19 pandemic, achieving swift and widespread vaccinations, and pursuing long-term economic recovery in the Pacific Islands, including through— (A) expanding testing capacity and acquisition of needed medical supplies, including available COVID–19 vaccines, and supporting vaccination efforts through a reliable supply chain; (B) planning for lifting of lockdowns and reopening of economic and social activities; and (C) mitigating and recovering from the impacts of the COVID–19 pandemic on the health system and the reliance on food and energy imports and lost tourism revenue and other economic and food security damages caused by the COVID–19 pandemic. (9) Since 1966, thousands of Peace Corps volunteers have proudly served in the Pacific Islands, building strong people-to-people relationships and demonstrating the United States commitment to peace and development in the region. Before the COVID–19 pandemic, the Peace Corps maintained a presence in 4 countries of the Pacific Islands. Peace Corps volunteers continue to be in high demand in the Pacific Islands and have been requested across the region. 3. Statement of policy It is the policy of the United States— (1) to develop and commit to a comprehensive, multifaceted, and principled United States policy in the Pacific Islands that— (A) promotes peace, security, and prosperity for all countries through a rules-based regional order that respects the sovereignty and political independence of all nations; (B) preserves the Pacific Ocean as an open and vibrant corridor for international maritime trade and promotes trade and sustainable development that— (i) supports inclusive economic growth and autonomy for all nations; and (ii) addresses socioeconomic challenges related to public health, education, renewable energy, digital connectivity, and more; (C) supports regional efforts to address the challenges posed by climate change, including by strengthening resilience to natural disasters and through responsible stewardship of natural resources; (D) improves civil society, strengthens democratic governance and the rule of law, and promotes human rights and the preservation of the Pacific Islands region’s unique cultural heritages; (E) assists the Pacific Islands in preventing and containing the spread of the COVID–19 pandemic and in pursuing long-term economic recovery; and (F) supports existing regional architecture and international norms; (2) to support the vision, values, and objectives of existing regional multilateral institutions and frameworks, such as the Pacific Islands Forum and the Pacific Community, including— (A) the 2014 Framework for Pacific Regionalism; (B) the 2018 Boe Declaration on Regional Security; and (C) the Boe Declaration Action Plan; (3) to extend and renew the provisions of the Compacts of Free Association and related United States law that will expire in 2023, for the Republic of the Marshall Islands and the Federated States of Micronesia, and in 2024, for the Republic of Palau, unless they are extended and renewed; and (4) to work closely with United States allies and partners with existing relationships and interests in the Pacific Islands, including Australia, Japan, New Zealand, and Taiwan, in advancing common goals. 4. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees Except as otherwise provided, the term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; and (B) the Committee on Foreign Affairs of the House of Representatives . (3) Pacific Islands The term Pacific Islands means the Cook Islands, the Republic of Fiji, the Republic of Kiribati, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Nauru, Niue, the Republic of Palau, the Independent State of Papua New Guinea, the Independent State of Samoa, the Solomon Islands, the Kingdom of Tonga, Tuvalu, and the Republic of Vanuatu. (4) Secretary The term Secretary means the Secretary of State. 5. Authority to consolidate reports; form of reports (a) Authority To consolidate reports Any reports required to be submitted to the appropriate congressional committees under this Act that are subject to deadlines for submission consisting of the same units of time may be consolidated into a single report that is submitted to appropriate congressional committees pursuant to such deadlines and that contains all information required under such reports. (b) Form of reports Each report required under this Act shall be submitted in unclassified form, but may contain a classified annex. I United States engagement and countering transnational crime 101. Diplomatic presence in the Pacific Islands (a) Sense of Congress It is the sense of Congress that— (1) the strategic importance of the Pacific Islands necessitates an examination of whether United States diplomatic, economic, and development engagement and presence in the Pacific Islands region is sufficient to effectively support United States objectives and meaningful participation in regional forums; (2) improving shared understanding of, and jointly combating the transnational challenges pertinent to, the Pacific Islands region with countries of the Pacific Islands and regional partners, such as Australia, New Zealand, Japan, and Taiwan, is vitally important to our shared long-term interests of stability, security, and prosperity; (3) the United States should seek to participate in, and support efforts to coordinate, a regional response toward maritime security, including through— (A) continued United States and Pacific Islands participation in the Pacific Fusion Centre in Vanuatu and the Information Fusion Centre in Singapore; and (B) robust cooperation with regional allies; and (4) the United States Government should commit to sending appropriate levels of representation to regional events. (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary, in consultation with the Secretary of Commerce and the Administrator, shall submit a report to the appropriate congressional committees regarding the diplomatic and development presence of the United States in the Pacific Islands. (2) Elements The report required under paragraph (1) shall include— (A) a description of the presence, staffing, programming, and resourcing of operations of the Department of State, the United States Agency for International Development, the United States International Development Finance Corporation, the Millennium Challenge Corporation, and the United States Commercial Service in the Pacific Islands, including programming and resourcing not specifically allocated to the Pacific Islands; (B) a description of the gaps in the presence described under subparagraph (A), including unfilled full-time equivalent positions; (C) a description of the limitations and challenges such gaps pose to United States strategic objectives, including— (i) gaps in support of the Pacific Islands due to operations being conducted from the United States Agency for International Development offices in Manila and Suva; and (ii) gaps in programming and resourcing; and (D) a strategy to expand and elevate such presence to fill such gaps, including by— (i) establishing new missions; (ii) expanding participation in regional forums; and (iii) elevating United States representation in regional forums. (c) Authority To enhance diplomatic and economic engagement The Secretary and the Secretary of Commerce are authorized to hire locally employed staff in the Pacific Islands for the purpose of promoting increased diplomatic engagement and economic and commercial engagement between the United States and the Pacific Islands. (d) Regional development cooperation strategy Not later than 180 days after the date of the enactment of this Act, and every 5 years thereafter, the Administrator shall submit a regional development cooperation strategy for the Pacific Islands to the appropriate congressional committees. 102. International Law Enforcement Academy for the Pacific Islands (a) In general The Secretary shall develop and implement a plan to expand coverage of the International Law Enforcement Academies (ILEA) program for the Pacific Islands, including by— (1) expanding coverage of the regional program located in Bangkok, Thailand to the Pacific Islands; or (2) establishing a new regional program for the Pacific Islands. (b) Elements The plan required under subsection (a) shall— (1) require consultation and coordination with existing regional law enforcement entities, including the Pacific Islands Chiefs of Police and civil society, including entities that focus on human rights and specialize in victim-centered approaches; and (2) consider the costs of implementation, effectiveness, and capacity of the Pacific Islands to participate in the ILEA program. (c) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary shall brief the appropriate congressional committees regarding the plan developed pursuant to subsection (a). 103. Security assistance for the Pacific Islands (a) Strategy (1) In general The Secretary, with the concurrence of the Secretary of Defense, and in coordination with the Secretary of Homeland Security, shall develop and implement a comprehensive strategy for providing assistance to build the capacity of local civilian and national security institutions of the Pacific Islands for purposes of— (A) enhancing maritime security and maritime domain awareness to address challenges such as illegal, unreported, and unregulated fishing; (B) assisting local law enforcement in detecting, preventing, and combating human and drug trafficking and other forms of transnational crime; (C) providing essential services to civilian populations and responding to humanitarian challenges caused by natural disasters; (D) participating in efforts by regional institutions and frameworks to coordinate and facilitate cooperation on shared security challenges; and (E) expanding information sharing and working toward operational coordination and interoperability among Pacific Island maritime security forces, including through regional fusion centers. (2) Programs and authorities described The strategy required under paragraph (1) shall build on the following programs and authorities: (A) The International Military Education and Training program. (B) The Foreign Military Financing program. (C) The Overseas Humanitarian Disaster and Civic Aid program. (D) The authority to build the capacity of foreign security forces under section 333 of title 10, United States Code. (E) the authority to provide excess defense articles under section 516 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j ). (F) The National Guard State Partnership Program. (3) National police forces and coast guards The national police forces and coast guards of the Pacific Islands are eligible to receive assistance under the programs and authorities described in subparagraphs (B), (C), and (E) of paragraph (2) for purposes of carrying out the strategy required under this subsection. (b) Elements The strategy required under subsection (a) shall— (1) seek to preserve peace and regional stability in the Pacific Islands; and (2) consider and seek to build upon (without duplicating) existing assistance provided by United States allies and partners. (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report that contains the strategy developed pursuant to subsection (a) to— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Armed Services of the Senate ; (C) the Committee on Commerce, Science, and Transportation of the Senate ; (D) the Committee on Foreign Affairs of the House of Representatives ; (E) the Committee on Armed Services of the House of Representatives ; and (F) the Committee on Transportation and Infrastructure of the House of Representatives . (2) Matters to be included The report required under paragraph (1) shall include— (A) an assessment of the security challenges in the Pacific Islands; (B) an analysis of demonstrated needs of the Pacific Islands for assistance, including excess defense, to fulfill such needs; (C) a review of existing security assistance programs in the Pacific Islands, including programs and efforts provided by United States allies and partners; (D) a plan for training and sustainment programs with respect to such excess defense equipment and related materials, including those with humanitarian and development uses; (E) a list of militaries, national police forces, coast guards, and other national security forces of the Pacific Islands receiving assistance under the strategy; (F) a plan to provide humanitarian assistance and disaster relief, if necessary, through the Overseas Humanitarian Disaster and Civic Aid program; (G) a review of existing cross-border maritime law enforcement operations (commonly known as shiprider agreements ) with the Pacific Islands, including— (i) an assessment of additional resourcing needs to enhance operational capacity; and (ii) a plan to improve on such programs and operations; (H) a review of existing National Guard State Partnership programs with the Pacific Islands, including— (i) an assessment of additional opportunities for leveraging such programs to address law enforcement, disaster relief and emergency management, and related priorities; and (ii) a plan to expand, as appropriate, existing and new National Guard State Partnership Programs in the Pacific Islands region; (I) a review of current efforts and progress in removing unexploded ordnance in the Pacific Islands, including an assessment of additional resources needed— (i) to ensure continued progress with such efforts; and (ii) to support coordination with regional efforts and those of United States allies and partners; (J) a review of existing regional fusion centers and other cooperative intelligence sharing efforts in the Pacific Islands to address maritime security, transnational crime, natural disasters, and other security challenges, including an assessment of opportunities for the United States to participate in such efforts by allocating staff and supplying resources; (K) measures to evaluate success for the strategy; and (L) a detailed assessment of the level of appropriations that will be required to achieve the objectives for the strategy in future years. 104. Countering transnational crime (a) Ratification of international legal instruments (1) In general The Secretary shall prioritize efforts to assist the Pacific Islands in ratifying and implementing international legal conventions related to transnational crime, including— (A) the Convention on International Trade in Endangered Species of Wildlife Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8429); (B) the Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing, done at Rome November 22, 2009, and entered into force June 5, 2016; and (C) relevant protocols supplementing the United Nations Convention Against Transnational Organized Crime, done at New York November 15, 2000, including— (i) the Protocol to Prevent, Suppress, and Punish Trafficking in Person, Especially Women and Children (commonly known as the Palermo Protocol ), entered into force December 25, 2003; and (ii) the Protocol Against the Smuggling of Migrants by Land, Sea, and Air, entered into force January 28, 2004. (2) Biennial report Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, as appropriate, the Secretary shall submit a report to the appropriate congressional committees regarding— (A) the status of the progress of each country of the Pacific Islands toward ratifying and implementing international legal conventions related to transnational crime; and (B) the plans of the United States for assisting countries that have yet to fully ratify such conventions with their respective ratification efforts. (b) Updates of certain reports The Secretary, in coordination with other Federal agencies, as appropriate, shall identify and update existing reports regarding forms of transnational crime affecting the Pacific Islands, such as— (1) the International Narcotics Control Strategy Report; (2) the Improving International Fisheries Management Report; and (3) the Trafficking in Persons Report. (c) Illegal logging and associated trade (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary, in coordination with the heads of relevant Federal agencies, shall submit a report that identifies countries of the Pacific Islands that are countries of concern with respect to illegal logging and associated trade to— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Finance of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Ways and Means of the House of Representatives . (2) Elements The report required under paragraph (1) shall include a description of— (A) the impact illegal logging and associated trade have had on local communities, good governance, and biodiversity, including an identification of those foreign countries that may be financing or in any other manner supporting illegal logging activities; (B) efforts taken by countries identified under paragraph (1) to comply and take appropriate corrective action to mitigate illegal logging, and an evaluation of the progress of those efforts; and (C) steps taken by the heads of relevant Federal agencies to assist the Pacific Islands in adopting and implementing international measures comparable to those of the United States, such as the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 et seq. ), to reduce the impacts of illicit logging. (d) Illegal, unreported, and unregulated fishing Section 3553 of the National Defense Authorization Act for Fiscal Year 2020 ( 16 U.S.C. 8033 ) is amended— (1) in paragraph (7), by striking and at the end; (2) by redesignating paragraph (8) as paragraph (9); and (3) by inserting after paragraph (7) the following: (8) an assessment of gaps or limitations in the ability of the United States to effectively assist priority regions and priority flag States relating to IUU fishing due to resource constraints and the additional resources necessary to overcome those constraints; and . 105. Coordination with regional allies (a) In general The Secretary shall consult and coordinate with regional allies and partners, including Australia, Japan, New Zealand, Taiwan, and regional institutions, such as the Pacific Islands Forum and the Pacific Community, with respect to programs to provide assistance to the Pacific Islands, including programs established under this Act, including for purposes of— (1) deconflicting programming; (2) ensuring that any programming does not adversely affect the absorptive capacity of the Pacific Islands; and (3) ensuring that complementary programs benefit the Pacific Islands to the maximum extent practicable. (b) Formal consultative process The Secretary shall establish a formal consultative process with such regional allies and partners to coordinate with respect to such programs and future years programming. (c) Report Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the appropriate congressional committees that includes— (1) a review of ongoing efforts, initiatives, and programs undertaken by regional allies and partners, including multilateral organizations, to advance priorities identified in this Act; (2) a review of ongoing efforts, initiatives, and programs undertaken by non-allied foreign actors that are viewed as being potentially harmful or in any way detrimental to 1 or more countries of the Pacific Islands; (3) an assessment of United States programs in the Pacific Islands and their alignment and complementarity with the efforts of regional allies and partners referred to in paragraph (1); and (4) a review of the formal consultative process required under subsection (b) to summarize engagements held and identify opportunities to improve coordination with regional allies and partners. II Development initiatives 201. Trade development with the Pacific Islands (a) Sense of Congress It is the sense of Congress that the United States should expand bilateral and multilateral trade with the Pacific Islands to promote socioeconomic development and mutual prosperity. (b) Strategy The United States Trade Representative shall develop and implement a strategy to expand and diversify trade and promote regional development with the Pacific Islands, including through negotiating trade and investment framework agreements. (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the United States Trade Representative shall submit a report containing the strategy developed pursuant to subsection (b) to— (A) the Committee on Finance of the Senate ; and (B) the Committee on Ways and Means of the House of Representatives . (2) Matters to be included The report required under paragraph (1) shall include— (A) an assessment of the readiness of countries in the Pacific Islands to enter into enhanced trade relationships with the United States, including with respect to reducing or eliminating tariff and nontariff barriers inhibiting progress towards deepening trade relationships; (B) a review of existing regional multilateral and bilateral trade agreements and preference programs involving the Pacific Islands and their impacts on regional trade and development; and (C) an identification of opportunities to work with existing regional frameworks to increase trade and economic integration with the Pacific Islands. (d) Briefing required on Pacific Islands trade preferences (1) In general Not later than 180 days after the date of the enactment of this Act, the United States Trade Representative shall provide a briefing to the congressional committees referred to in subsection (c)(1) regarding the use of the Generalized System of Preferences under title V of the Trade Act of 1974 ( 19 U.S.C. 2461 et seq. ) by the Pacific Islands. (2) Matters to be included The briefing required under paragraph (1) shall include— (A) a review of the usage of the Generalized System of Preferences by the Pacific Islands over the past 20 years, including the value and types of goods traded under the program; (B) an analysis of United States trade with the Pacific Islands covered under the Generalized System of Preferences compared to trade with the Pacific Islands not conducted under any trade preference program; (C) an assessment of why the Pacific Islands underutilizes the Generalized System of Preferences in trade with the United States; and (D) recommendations for how the United States Government can further assist the Pacific Islands in utilizing the Generalized System of Preferences. (3) Update The Trade Representative shall provide to the appropriate congressional committees an updated briefing under this subsection not later than 3 years after the date of the enactment of this Act. 202. Trade capacity building initiative for the Pacific Islands (a) In general The Administrator, in coordination with the Secretary, the Secretary of the Treasury, the Secretary of Commerce, and the Chief Executive Officer of the United States International Development Finance Corporation, shall develop and implement a trade capacity building initiative for the Pacific Islands. (b) Elements and conduct of initiative The initiative developed pursuant to subsection (a) shall— (1) include an initial, public assessment of— (A) economic opportunities for which United States businesses, or those of other like-minded partners, would be competitive; and (B) legal, economic, governance, infrastructural, or other hurdles limiting United States investment in the Pacific Islands; (2) develop human and institutional capacity and infrastructure across multiple sectors of economies, including digital connectivity and cybersecurity; (3) assist with development and implementation of regional and international trade agreements, including the World Trade Organization’s Agreement on Trade Facilitation and facilitation of intraregional trade flows; (4) support women-owned enterprises and gender equality; and (5) promote government policies that encourage free and fair competition, sound governance, environmental protection, and business environments conducive to sustainable and inclusive economic growth. (c) United States Commercial Service presence The Secretary of Commerce shall expand the presence of the United States Commercial Service in the Pacific Islands and allocate additional Foreign Commercial Service Officers to the Pacific Islands, including by elevating existing partner posts and establishing new Commercial Service posts and partner posts— (1) to explore opportunities for United States private sector investment; (2) (A) to examine regulations in host countries in the Pacific Islands that may hinder foreign direct investment, including regulations related to human rights, labor rights, and environmental protection; and (B) to provide technical assistance when requested by such host countries; and (3) to report on the commercial and investment activities of non-allied foreign actors in the Pacific Islands. (d) Authorization of appropriations There are authorized to be appropriated $15,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 203. Emergency preparedness initiative for the Pacific Islands (a) In general The Administrator shall develop and implement an initiative to assist the Pacific Islands in enhancing their preparedness for, and resilience to, natural disasters and other emergencies. (b) Conduct of program The program developed under this section shall include— (1) education and training programs on natural disaster prevention and preparedness for emergency management professionals in the Pacific Islands, including by leveraging the expertise of nonprofit organizations and institutions of higher education in the United States; (2) technical assistance, including through grants and cooperative agreements for qualified United States and local nongovernmental organizations, to enhance early warning systems, emergency management and preparedness procedures, and post-disaster relief and recovery; and (3) coordination of existing disaster mitigation and response plans in the Pacific Islands region, including by United States allies and partners in the region. (c) Report (1) In general Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report regarding the program developed pursuant to this section to— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Energy and Natural Resources of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Natural Resources of the House of Representatives . (2) Matters to be included The report required under paragraph (1) shall include— (A) an assessment of disaster risks in the Pacific Islands and existing local and regional capacity to respond to such risks; (B) a review of existing efforts by United States allies and partners to provide assistance and training for natural disaster preparedness and emergency management; and (C) objectives, means of implementation, and measures of success for the initiative. (d) Authorization of appropriations There are authorized to be appropriated $40,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 204. Peace Corps in the Pacific Islands (a) Sense of Congress It is the sense of Congress that— (1) the presence of the Peace Corps in the Pacific Islands should be expanded by reopening its programs in as many of the Pacific Islands as possible, including where it has previously operated but has suspended operations; (2) consulting like-minded regional allies and partners, such as Australia, New Zealand, Japan, and Taiwan, is crucial for identifying and overcoming challenges for increased Peace Corps presence in the Pacific Islands; (3) the Peace Corps, whose mission is, in part, to promote world peace and friendship by helping the people of interested countries in meeting their need for trained men and women, provides an invaluable opportunity to connect the American people with the people of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and (4) the Peace Corps should promptly reopen its programs in the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (b) Report Not later than 180 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit a report to the appropriate congressional committees that includes— (1) a comparative analysis of the presence of the Peace Corps in the Pacific Islands region to other regions of the world, including a cost-benefit analysis of placement in the Pacific Islands region versus elsewhere; (2) an analysis of current impediments to Peace Corps expansion in the Pacific Islands region; (3) outcomes of consultations among United States agencies, and with regional allies and partners, on areas in which cooperation can reduce factors limiting Peace Corps expansion, particularly those related to medical transportation and personal safety; and (4) a plan and timeline for implementing outcomes identified under paragraph (3) to facilitate the expansion of the Peace Corps presence in the Pacific Islands region, as appropriate. 205. Public health in the Pacific Islands (a) In general The Administrator, in coordination with the Secretary, shall develop and implement a strategy to assist the Pacific Islands— (1) to improve public health outcomes; and (2) to build public health capacity, including in response to the COVID–19 pandemic. (b) Conduct of strategy The strategy developed pursuant to subsection (a) shall include— (1) programming, including grants, cooperative agreements, and other forms of assistance that the Administrator determines appropriate, to assist in building local capacity to address— (A) maternal and child health; (B) family planning and reproductive health; (C) gender-based violence; (D) food security and nutrition; (E) non-communicable diseases; (F) communicable diseases, including neglected tropical diseases, tuberculosis, HIV/AIDS, sexually-transmitted infections, and zoonotic and emerging infectious disease threats; (G) equitable access to quality, essential, and affordable health services and quality-assured, safe, effective medical products and their appropriate use; and (H) water, sanitation, and hygiene; (2) technical assistance to strengthen local health system capacity and resilience in the areas of— (A) good leadership and governance; (B) sustainable financing; (C) interoperable information systems and high quality data for decision making; (D) efficient medical products and supply chain systems; and (E) management of human resources for health, with special attention to increasing health worker performance, retention, productivity, number, skill mix, and competency, including through exploring opportunities such as private sector engagement and digital health integration and access; and (3) coordination with existing local and regional health sector goals, efforts, institutions, and frameworks. (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit a report to the congressional committees referred to in section 203(c)(1) that contains the strategy developed pursuant to subsection (a). (2) Matters to be included The report required under paragraph (1) shall identify— (A) health care challenges, including health systems strengthening, immunization, noncommunicable diseases, and gender-based violence, in the Pacific Islands; (B) public health challenges and needs related to the COVID–19 pandemic in the Pacific Islands; and (C) objectives, means of implementation, and measures of success for the strategy. (d) Authorization of appropriations There are authorized to be appropriated $20,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 206. Education assistance (a) Sense of Congress It is the sense of Congress that— (1) (A) promoting basic education in the Pacific Islands, particularly in traditionally under-served communities— (i) advances United States foreign policy goals; and (ii) requires a whole of government approach; and (B) the United States Government currently dedicates insufficient resources and attention to assisting with education needs in the region; (2) the Peace Corps alone is insufficient to achieve United States objectives of promoting sustainable, quality basic education; and (3) countries of the Pacific Islands meet the requirements outlined in section 105(c)(4) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151c ). (b) Education assistance The President is authorized to provide assistance under section 105 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151c ) to promote sustainable, quality basic education in the Pacific Islands by— (1) supporting national nutrition and health programs; (2) working with partner governments to reform policies, improve curricula, strengthen data systems, train teachers, and provide quality learning materials; (3) building new schools and renovating older facilities to ensure safe places for learning; (4) providing individuals, particularly at-risk youth, with relevant education, training, and skills for meaningful employment; (5) removing barriers to entering formal education for out-of-school individuals, assisting in keeping them in school, and providing an opportunity to catch up on schooling for those left behind; and (6) promoting teaching and research exchanges between the Pacific Islands and United States institutions of higher education. (c) Authorization of appropriations There are authorized to be appropriated $5,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 207. Climate resilient development in the Pacific Islands (a) Sense of Congress It is the sense of Congress that— (1) the United States Government should leverage the full range of authorities and programs available to assist the Pacific Islands in achieving their development goals; (2) United States development assistance should seek to build on existing public and private sector investments while creating new opportunities toward a favorable environment for additional such investments; and (3) United States development efforts should be coordinated with and seek to build on existing efforts by like-minded partners and allies and regional and international multilateral organizations. (b) Strategy The Secretary, in coordination with the Administrator, the Secretary of the Treasury, and the Chief Executive Officer of the United States International Development Finance Corporation, shall develop and implement a strategy— (1) to invest in and improve critical infrastructure, including transport connectivity, information and communications technology, food security, coastal zone management, marine and water resource management, and energy security and access to electricity in the Pacific Islands, with an emphasis on climate resiliency and sustainable development; (2) to provide technical assistance to assist local government and civil society leaders assess risks to local infrastructure, especially those posed by climate change, consider and implement risk mitigation efforts and policies to strengthen resilience, and evaluate proposed projects and solutions for their efficacy and sustainability; and (3) to support investment and improvement in ecosystem conservation and protection for the long-term sustainable use of ecosystem services, especially those that mitigate effects of climate change and those that support food security and livelihoods. (c) Conduct of strategy The strategy developed under this section shall be coordinated with like-minded partners and allies, regional and international multilateral organizations, and regional frameworks for development in the Pacific Islands. (d) International financial institutions The Secretary of the Treasury shall direct the representatives of the United States to the World Bank Group, the International Monetary Fund, and the Asian Development Bank to use the voice and vote of the United States to support climate resilient infrastructure projects in the Pacific Islands. (e) Report (1) In general Not later than 180 days after the date of the enactment this Act, and annually thereafter, the Secretary shall submit a report to the congressional committees referred to in section 203(c)(1) regarding foreign infrastructure developments in the Pacific Islands. (2) Matters to be included The report required under paragraph (1) shall include— (A) a review of foreign infrastructure developments in the Pacific Islands by non-United States allies and partners; (B) assessments of the environmental impact and sustainability of such developments; and (C) an analysis of the financial sustainability of such developments and their impacts on the debt of host countries in the Pacific Islands. (f) Authorization of appropriations There are authorized to be appropriated $50,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 208. Coordination with other Federal agencies and cooperation and participation of nongovernmental United States entities The Federal officials responsible for carrying out sections 202, 203, 205, 206, and 207 shall— (1) coordinate with existing programs and efforts of relevant agencies of the United States Government, especially with regards to the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and (2) seek the cooperation and participation of United States private sector, United States nongovernmental organizations, and United States institutions of higher education. III Promotion of shared values 301. Press freedom in the Pacific Islands (a) Finding Congress finds that residents of the Pacific Islands speak 24 official languages and thousands of indigenous or unofficial local languages. (b) Sense of Congress It is the sense of Congress that— (1) the United States should work with allies and partners, particularly Australia and New Zealand, to provide free or low-cost access to national news wires so the Pacific Islands have greater access to raw news feeds; and (2) it is in the interest of the United States to work with the Pacific Islands to develop regulations to address the licensing and operations of foreign media to build resilience in the media sector to unsanctioned external influence or interference, while respecting free expression and cultivating diverse media voices. (c) Press freedom assistance The President is authorized to provide assistance to promote the dissemination of free and accurate information in the Pacific Islands, including for— (1) media capacity building and education, such as— (A) providing on-site media training tailored to local needs; (B) collaborating with local government and nongovernmental entities to promote media literacy and integrate media literacy into primary education curricula in local languages and dialects to ensure accessibility; and (C) routinizing funding for professional programs, such as the Pacific Islands Journalism Reporting Tour, that bring media professionals from the Pacific Islands to the United States; (2) strengthening and diversifying broadcast content tailored to local audiences, including content broadcast in the local vernacular; and (3) investing in connectivity infrastructure with an emphasis on broadcast radio and transmission. (d) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees regarding the implementation of this section. (2) Matters to be included The report required under paragraph (1) shall include— (A) an assessment of— (i) the national laws of the Pacific Islands with respect to foreign investment in media and related sectors; (ii) relevant licensing regulations of the Pacific Islands; and (iii) governmental restrictions on free expression that limit the availability of diverse media voices in the Pacific Islands; and (B) analyses of covert efforts by foreign media actors in the Pacific Islands— (i) to influence, shape, or circumvent regulations in the media or telecommunication sectors; and (ii) to co-opt local media and narratives. (e) Authorization of appropriations There is authorized to be appropriated $2,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 302. United States Agency for Global Media (a) In general The Chief Executive Officer of the United States Agency for Global Media shall develop and implement a plan to provide expanded media content to the Pacific Islands and partner with journalists in the Pacific Islands. (b) Briefing required (1) In general Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer shall provide a briefing to the appropriate congressional committees regarding the plan developed pursuant to subsection (a). (2) Matters to be included The briefing required under paragraph (1) shall include— (A) an assessment of facilities and costs to expand coverage to the Pacific Islands, including options to utilize Voice of America affiliates; (B) an identification of objectives, means of implementation, and measures of success for the plan; and (C) an assessment on the scope and impact of media training efforts and people-to-people engagements organized by other countries for the Pacific Islands. (c) Authorization of appropriations There are authorized to be appropriated $2,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 303. Gender equality (a) Statement of policy Congress— (1) affirms the importance of gender equality and women’s empowerment to United States policy in the Pacific Islands; and (2) recognizes the work of the existing regional frameworks and platforms on gender equality. (b) In general The Secretary and the Administrator shall— (1) develop and implement an initiative to encourage and support efforts by the Pacific Islands to reduce and combat gender-based violence, in coordination with existing efforts by United States allies and partners and regional organizations; and (2) promote gender equality in political, economic, social, and cultural development programs in the Pacific Islands. 304. Pacific Islands Leadership Development Initiative (a) Sense of Congress It is the sense of Congress that routinized people-to-people exchange programs to bring Pacific Islands religious leaders, journalists, civil society members, politicians, and others to the United States strengthens existing relationships and advances United States interests and shared values in the region. (b) In general The Secretary shall develop and implement a program to promote educational and professional development for young adult leaders and professionals in the Pacific Islands with a demonstrated passion to contribute to the continued development of the Pacific Islands. (c) Conduct of program The program developed pursuant to subsection (b) shall be implemented on a routine basis and may be carried out through— (1) grants provided on a competitive basis to qualified organizations with demonstrated expertise relating to the Pacific Islands; (2) grants, in amounts not to exceed $50,000, provided on a competitive basis to qualified young leaders from the Pacific Islands for the purpose of carrying out projects dedicated to the improvement of their communities in the Pacific Islands; (3) regional workshops and professional and academic fellowships; and (4) people-to-people exchanges. (d) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Assistant Secretary of State for Educational and Cultural Affairs, shall submit a report to the appropriate congressional committees regarding the exchange programs for the Pacific Islands region. (2) Elements The report required under paragraph (1) shall— (A) assess the factors constraining the number and frequency of International Visitor Leadership Program participants from countries of the Pacific Islands; (B) identify the resources that are necessary to address the factors described in subparagraph (A); and (C) include a strategy for connecting alumni and participants of the Department of State’s professional development exchange programs in East Asia, such as the Young Southeast Asian Leaders Initiative and the Young Pacific Leaders programs, to enhance inter-region and intra-region people-to-people ties. (e) Authorization of appropriations There are authorized to be appropriated $10,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 305. Civil society engagement and development (a) In general The Administrator shall develop and implement a program to promote the development of civil society in the Pacific Islands for the purpose of— (1) strengthening independent media and press freedom; (2) empowering citizens to freely organize and communicate, including through existing and new civic spaces; (3) strengthening rule of law and increasing government accountability; and (4) promoting democratic political culture. (b) Conduct of program (1) In general The program developed pursuant to subsection (a) shall be carried out in consultation with local civil society groups in the Pacific Islands, including civil society groups that represent or work with traditionally marginalized groups. (2) Elements The program developed pursuant to subsection (a) may be carried out through— (A) technical assistance and support, including through training and professional and academic fellowships; (B) grants provided on a competitive basis to qualified civil society organizations for the purpose of carrying out projects and programs dedicated to the objectives described in subsection (a); and (C) grants provided on a competitive basis to qualified United States organizations with demonstrated expertise in civil society development and the Pacific Islands. (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit a report to the appropriate congressional committees regarding the program developed pursuant to subsection (a). (2) Matters to be included The report required under paragraph (1) shall— (A) assess the strength and viability of civil society sectors of the Pacific Islands, including legal, organizational capacity, financial, advocacy, services, infrastructure, and public image sectors; and (B) identify the objectives and measures of success for the program. (d) Authorization of appropriations There are authorized to be appropriated $5,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s4811is/xml/BILLS-117s4811is.xml |
117-s-4812 | II 117th CONGRESS 2d Session S. 4812 IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to restrict the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms, and for other purposes.
1. Short title This Act may be cited as the Fire Sale Loophole Closing Act . 2. Restrictions on the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms (a) Restrictions Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) (A) It shall be unlawful for a person who has been notified by the Attorney General that the Attorney General has made a determination to revoke a license issued to the person under this chapter to import, manufacture, or deal in firearms, or to deny an application of the person to renew such a license, to— (i) transfer a business inventory firearm of the person— (I) into a personal collection of the person; or (II) to an employee of the person, or to an individual described in section 923(d)(1)(B) with respect to the person; or (ii) receive a firearm that was a business inventory firearm of the person as of the date the person received the notice. (B) Subparagraph (A) shall not apply with respect to a license revocation or denial determination that is rescinded. (2) (A) It shall be unlawful for a person, on or after the effective date of the revocation of a license issued to the person under this chapter to import, manufacture, or deal in firearms, or (in the case that the application of the person to renew such a license is denied) on or after the date the license expires, to— (i) engage in conduct prohibited by paragraph (1); or (ii) transfer to any other person (except a person licensed under this chapter or a Federal, State, or local law enforcement agency) a firearm that was a business inventory firearm of the person as of the effective date or expiration date, as the case may be. (B) Subparagraph (A) shall not apply with respect to a license revocation or denial determination that is rescinded. . (b) Business inventory defined Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) Business inventory firearm The term business inventory firearm means, with respect to a person, a firearm required by law to be recorded in the acquisition and disposition logs of any firearms business of the person. . (c) Conforming amendment Section 923(c) of title 18, United States Code, is amended, in the second sentence, by inserting section 922(aa) and to after subject only to . (d) Penalties Section 924(a) of title 18, United States Code, is amended by adding at the end the following: (8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 1 year (or, if the violation was willful, 5 years), or both. . (e) Requirement that license revocation or application denial notice include text of law prohibiting dealing in firearms without a Federal firearms license and restricting transfer of firearms after receipt of official license revocation or renewal application denial notice Section 923(f)(1) of title 18, United States Code, is amended, in the last sentence, by inserting , and shall set forth the provisions of Federal law (including regulations) that prohibit a person not licensed under this chapter from engaging in the business of dealing in firearms or are relevant in determining whether a person is doing so, and the provisions of section 922(aa) before the period at the end. | https://www.govinfo.gov/content/pkg/BILLS-117s4812is/xml/BILLS-117s4812is.xml |
117-s-4813 | II 117th CONGRESS 2d Session S. 4813 IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To streamline the application process for employers seeking H–2A agricultural workers, and for other purposes.
1. Short title This Act may be cited as the Paperwork Reduction for Farmers and H–2A Modernization Act . 2. H–2A program updates (a) In general Section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) is amended— (1) by striking an alien (i)(b) subject to and inserting the following: “an alien— (i) (b) subject to ; (2) by striking or (ii)(a) and all that follows through seasonal nature, and inserting the following: (ii) (a) who has a residence in a foreign country that the alien has no intention of abandoning and is coming temporarily to the United States to perform agricultural labor or services (as defined by the Secretary of Labor, by regulation), of a temporary or seasonal nature, including agricultural labor (as defined in section 3121(g) of the Internal Revenue Act of 1986), agriculture (as defined in section 3(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(f) )), the pressing of apples for cider on a farm, fish cutting and trimming, including labor or services relating to landscaping and groundskeeping, forestry- and conservation-related services, services relating primarily to the cultivation, installation, and establishment of horticultural commodities (without regard to commodity source or location), labor as a year-round equine worker, labor as a year-round livestock worker (including as a dairy, cattle, or poultry worker), labor in aquaculture, and the processing of wild seafood, and all other labor that falls within Standard Occupational Classification Code 37–3000 (Grounds Maintenance Workers), 45–0000 (Farming, Fishing, and Forestry Occupations), or 45–4000 (Forest, Conservation, and Logging Workers); ; and (3) by striking (iii) having a residence in a foreign country which he has no intention of abandoning who and inserting the following: (iii) who has a residence in a foreign country that the alien has no intention of abandoning and . (b) Joint application; deficiency remedy Section 214(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(1) ) is amended— (1) by inserting (A) after (1) ; and (2) by adding at the end the following: (B) Multiple employers may submit a joint petition under subparagraph (A) to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a). Upon the approval of such petition, each joint employer shall be subject to the provisions under section 218 with respect to each alien listed in such petition. If any individual party to such a joint contract violates any condition for approval with respect to the application or provisions under section 218 with respect to each alien listed in such petition, after notice and opportunity for a hearing, the contract may be modified to remove the party in violation from the contract at no penalty to the remaining parties. (C) If a petition to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a) is denied or if the issuance of visas requested through such petition is delayed due to a problem with the petition, the Director of U.S. Citizenship and Immigration Services shall promptly notify the petitioner of the reasons for such denial or delay and provide the petitioner with reasonable time to remedy the problem. . (c) Labor certification; staggered employment dates Section 218(h) of the Immigration and Nationality Act ( 8 U.S.C. 1188(h) ) is amended by adding at the end the following: (3) An employer that is seeking to rehire aliens as H–2A workers who previously worked for the employer as H–2A workers may submit a simplified petition, to be developed by the Director of U.S. Citizenship and Immigration Services, in consultation with the Secretary of Labor, which shall include a certification that the employer maintains compliance with all applicable requirements with respect to the employment of such aliens. Such petitions shall be approved upon completion of applicable security screenings. (4) An employer that is seeking to hire aliens as H–2A workers during different time periods in a given fiscal year may submit a single petition to U.S. Citizenship and Immigration Services that details the time period during which each such alien is expected to be employed. (5) Upon receiving notification from an employer that the employer’s H–2A worker has prematurely abandoned employment or has failed to appear for employment and such employer wishes to replace such worker— (A) the Secretary of State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to an eligible alien designated by the employer to replace that worker; and (B) the Secretary of Homeland Security shall promptly admit such alien into the United States upon completion of applicable security screenings. . 3. Electronic filing and appeals system for H–2A petitions (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall establish a process for filing petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ) that ensures that— (1) petitioners may file such petitions through the Department of Labor’s website; (2) any software developed to process such petitions indicates to the petitioner any technical deficiency in the application before submission; and (3) any petitioner may file such petition in a paper format if such petitioner prefers such format. (b) Request for evidence Section 218(h) of the Immigration and Nationality Act, as amended by section 2(c), is further amended by adding at the end the following: (6) If U.S. Citizenship and Immigration Services issues a Request for Evidence to an employer— (A) the employer may request such Request for Evidence to be delivered in an online format; and (B) if the employer makes the request described in subparagraph (A)— (i) the Request for Evidence shall be provided to the employer in an online format; and (ii) not later than 10 business days after the employer submits the requested evidence online, U.S. Citizenship and Immigration Services shall provide an online response to the employer— (I) indicating that the submitted evidence is sufficient; or (II) explaining the reasons that such evidence is not sufficient and providing the employer with an opportunity to address any such deficiency. . 4. Safe harbor from penalties for document fraud Section 274C of the Immigration and Nationality Act ( 8 U.S.C. 1324c ) is amended— (1) by redesignating subsection (c) as subsection (g) and moving such subsection so that it appears immediately following subsection (f); and (2) by inserting after subsection (b) the following: (c) Safe harbor Any employer that uses a third-party preparer to file an application for nonimmigrant visas for workers the employer intends to hire shall not be subject to civil or criminal penalties under this section for errors or omissions on such application if the employer reasonably believed that the application was accurate and in compliance with all applicable statutory requirements. . | https://www.govinfo.gov/content/pkg/BILLS-117s4813is/xml/BILLS-117s4813is.xml |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.